Mumbai Court September 2016 Judgments
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IFFCO TOKIO General Insurance Co. Ltd. and Another Vs. Kevin Fernandes ...
Court: Mumbai Goa
Decided on: Sep-01-2016
1. Admit. 2. Shri E. Afonso, learned Advocate waives service of notice on behalf of the respondents no.1 to 4. 3. In this appeal filed by the insurer challenging the judgment and award passed by the learned Motor Accidents Claims Tribunal, North Goa, Panaji ("the Tribunal" for short) in the Claim Petition No.93 of 2013, the respondents have raised a preliminary objection to the very maintainability of the appeal under Section 149(2) of the Motor Vehicles Act, 1988 ('the Act' for short). The appeal was not maintainable at the instance of the insurer as no application was filed under Section 170 of the Act. The next plank of objection to the maintainability of the appeal was that it was filed jointly by the insurer with the insured and it was not maintainable also on that count. Shri E. Afonso, learned Advocate for the respondents relied in National Insurance Co. Ltd. Chandigarh v/s. Nicolletta Rohtagi and others [(2002)7 SCC 456] and Chinnama George and others v/s. N. K. Raju and anothe...
Mangesh Balkrushnaji Deshmukh Vs. Vinayak Shikshan Sanstha and Others
Court: Mumbai Nagpur
Decided on: Sep-01-2016
Oral Judgment: 1. This petition challenges the judgment and order dated 29.07.2005 delivered by the School Tribunal, Amravati, dismissing the Appeal No. 89 of 1999 filed by the petitioner under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, challenging his termination from service by an order dated 13.08.1999. The tribunal has held that the petitioner was not qualified for being appointed as an Assistant Teacher in terms of the qualification prescribed in the advertisement, his appointment was purely on temporary basis against the post reserved for Scheduled Tribe and Nomadic Tribe candidate made for the reason of non-availability of such candidate and hence, his initial appointment cannot be treated as on probation so as to confer upon him deemed confirmation in service. 2. Shri Gode, the learned counsel appearing for the petitioner submits that it was the specific stand of the management that the appointment of the petitioner a...
Nanibai and Other Vs. Union of India through General Manager, Central ...
Court: Mumbai Aurangabad
Decided on: Sep-01-2016
1. The appellants have filed the present appeal against the judgment and order passed by the Nagpur Bench of the Railway Claims Tribunal (hereinafter referred as 'the Tribunal') in Case No.O.A. (Ilu) NGP / 2013 / 0021, decided on 6.11.2015. 2. The aforesaid petition was filed by the appellants seeking compensation being the legal heirs of deceased Sukhlal Ratan Barela, who was stated to have died in an untoward incident alleged to have occurred on 2nd June, 2012, while travelling by a train. It was the contention of the appellants that deceased Sukhlal, while travelling by a train from Nimbhora to Khandwa, fell down from a running train, and died as a result of injuries caused to him in the said accident. According to the appellants, deceased Sukhlal was a bona fide passenger and died in an untoward incident and, as such, being his legal heirs, they were entitled to receive the compensation of Rs.4,00,000/- (Rs.four lacs) from the Railway Administration. 3. The petition so filed by the...
Kalpana and Others Vs. Chandulal (since deceased through L.Rs.) and Ot ...
Court: Mumbai Aurangabad
Decided on: Sep-01-2016
1. The appellants have filed the present appeal seeking enhancement in the amount of compensation awarded by the Motor Accident Claims Tribunal, at Aurangabad (for short, the Tribunal) in MACP No.138/1996 decided on 27.12.2000. The aforesaid claim petition was filed by the appellants seeking compensation, being the legal heirs and dependents of deceased Dilip Ratnaparkhi, who suffered death in a vehicular accident, happened on 27.10.1995 having involvement of a truck bearing registration No.GRP-6633 insured with United India Insurance Co. Ltd. (Respondent No.3). As was stated in the claim petition, age of deceased Dilip, on the date of accident was 45 years and his monthly income by way of salary was stated to be Rs.8,530/- per month. The petition was resisted by the insurance company on various grounds. 2. Learned Tribunal, on it's assessment of oral and documentary evidence adduced by the parties, awarded compensation to the tune of Rs.8,97,172/- to the appellants inclusive of NFL co...
Pralhad Bhikaji Bargaje Vs. The State of Maharashtra and Others
Court: Mumbai Aurangabad
Decided on: Sep-01-2016
1. The petition is filed to challenge the order dated 23-11-2015 passed by the learned Additional Collector, Beed by which the Collector has declared that the present petitioner, Sarpanch, is disqualified to continue as Sarpanch. Both the sides are heard. 2. The proceeding was started before the Collector by residents of village Loni, Bargajwadi, Sheri, Umbarmuli, Mangewadi etc. under the provision of Section 7(1) of the Maharashtra Village Panchayats Act, 1958 and the Bombay Village Panchayats (Gram Sabha Meetings) Rules 1959 (Rule 3). It was contended by the villagers that present petitioner got elected in Group Gram Panchayat of five villages as member and he became Sarpanch in January 2013 but he is not discharging his duties as Sarpanch. There is allegation that he intentionally avoided to discharge his duties and he did not hold all the requisite meetings of Gram Sabha during the financial year 1st April 2013 to 31st March 2014. They contended that it was informed to them that th...
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