Court : Gujarat
Reported in : 2002ACJ780; (2001)3GLR2528
..... the learned advocates appearing for the tort-feasor have contended that the rate of interest in the light of the facts and circumstances and the date of accident is quite just and reasonable, whereas, learned advocate appearing for the victims of the tort have contended that the rate of interest awarded is quite low and is required to be enhanced. ..... 11 claim petitions out of which 8 for personal injuries, by the claimants and three fatal injuries by the heirs and legal representatives of the deceased victims of the road accidents, came to be filed before the aforesaid tribunal invoking the aids of the provisions of section 110-a of the motor vehicles act, 1939 (old act). ..... when one of the persons affected or harmed or wronged or injured is partly responsible in the cause of tort, it becomes necessary to ascertain the extent or the contribution of such a person in the happening of a tort or an accident in question as the damages awardable to such a person is required to be sliced down corresponding to the extent or in proportion to the degree or contribution made by such person. ..... bus was driving the bus, at the relevant lime in an excessive speed as a result of which, when he was negotiating 's' type curve, at the venue of accident, lost control over the vehicle and went on the wrong side more towards the road and intensely dashed against the oncoming passenger matador of the university, as a result of which, the matador was dragged on in .....
Tag this Judgment!Court : Gujarat
Reported in : I(2008)BC192; (2007)2GLR2267
..... registrar general of the high court has appeared and placed on record the communication dated 25.05.2007 intimating all principal district judge/motor accident claim tribunal, for the order passed by this court as well as to comply the directions issued by this court vide paragraph ..... shall ensure that the prima facie reasons recorded and the present order is communicated to each principal district judge and motor accident claims tribunal(main) functioning in each district of gujarat state for information to all motor accidents claim tribunal functioning in such districts and the reference court functioning under the land acquisition act. 5. ..... receipt and the matters are subjudice before this court.similar can be the situation even in respect of investments made by various tribunals gujarat state functioning under the motor accident act on account of the award passed by it for which, no appeals are preferred before this court. ..... all concerned courts under the land acquisition act and all motor accident claim tribunals functioning under the motor vehicle act in the state of gujarat, shall undertake the exercise of premature encashment of all investment made during the period of 2003 to 2006 at the rate ..... it is further directed that the principal district judge/motor accident claims tribunal (main) shall place such information in the notice board of the tribunal concerned/reference court concerned under the land acquisition act, inviting submissions or suggestions, if any, by giving .....
Tag this Judgment!Court : Gujarat
Reported in : [1985]58CompCas297(Guj); (1982)2GLR458
..... to the contrary, the company shall indemnify the insured against his legal liability under : the workmen's compensation act, 1923, and subsequent amendments of that act prior to the date of this endorsement, the fatal accidents act, 1855, or at common law, in respect of personal injury to any paid driver (or cleaner or conductor or person employed in loading and/or unloading whilst engaged in the service of the insured in such occupation in connection with the ..... the respondents resisted the claim made by the appellant and contended that the accident on account of which the appellant suffered injuries was not caused by the negligence of respondent no. ..... 3, it was contended that it was not liable to compensate for the occurrence of the accident as the appellant was travelling by a vehicle which was primarily meant for carrying goods and not passengers. ..... 53 of 1978, before the motor accidents claims tribunal, kaira at nadiad and claimed a sum of rs. ..... the endorsement indicates an additional liability to indemnify the insured against the legal liability under the workmen's compensation act, 1923, and subsequent amendments to that act prior to the date of the endorsement, the fatal accidents act or at common law. ..... it is, therefore, apparent that in view of this wider coverage, the insurance company must reimburse the appellant in respect of the entire liability arising out of the accident in question. .....
Tag this Judgment!Court : Gujarat
Reported in : 1(1992)ACC717
..... ; or the injury; or(aa) by the owner of the property; or (b) by the owner of the property; or(b) here death has resulted from the (c) whether death has resulted fromaccident, by all or any of the legal the accident by all or any of therepresentatives of the deceased; or legal representatives of the deceased; or(c) by any agent duly authorised by the (d) by any agent duly authorisedperson injured or all or any of the by the person injured or also ..... of the fact that any decision the aforesaid question was likely to affect a large number of claimants, whose claim petitions were filed beyond the period of 12 months from the date of occurrence of the accident after coming into force of the new act, and in view of the fact that the insurance companies would like to contend that proviso to section 166(3) should be strictly construed so as to leave no ..... section 166 in a tabular form: ______________________________________________________________________________110a of the old act 166 of the new act______________________________________________________________________________application for compensation: application for compensation:an application for compensation (1) an application for compensationarising out of an accident of the arising out of an accident of thenature specified in sub-section (1) nature specified in sub-section (l)of section 110 may be made- of section 165 may be made-(a) by the person who has sustained (a) by the person who has sustainedthe injury .....
Tag this Judgment!Court : Gujarat
Reported in : [1984]56CompCas27(Guj); (1982)2GLR582
..... in favour of the concerned injured claimants, its cannot be said that even though the trailer was attached to the tractor and only tractor was being driven at the relevant time by the driver, the accident can be said to have been caused only by the tractor and not by the trailer which was accompanying it when both the the tractor as well as the trailer jointly dashed against the oncoming ambassador ..... while awarding just and adequate damages under the head of pain, shock and suffering and loss of amentiers and enjoyment of life to an injured claimant, an overall view of multiple injures suffered by the claimant on account of the accident and their after-effects was to be taken and considering the impact left on the victim by the injuries, the aforesaid assessment has to be made, it is now time for us to look at different awards passed from time ..... type of multiple injuries having pernicious adverse effects which will linger on with the claimant for all time to come and especially when the claimant aged 25 at the time to the accident had to drags on the rest of life having lost all chances of carrying on his occupation as a car driver and being reduced to pitiable state of an agricultural laborer. ..... to deal with the question regarding awarding of proper damages under the head of pain shock and suffering caused to a young victim aged about 7 at the time of the accident who was left with serious multiple injuries one of which was brain injury which had resulted in spastie hemiplegia . .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1979Guj14
..... of which the tribunal attributed contributory negligence to the appellant was that on a busy narrow road when there was heavy traffic at or about the time at which the accident took place, it was very risky and rash on the part of a pedestrian to walk on the road at a distance of about 8 feet from the footpath. ..... him, came to the conclusion that the driver of the truck was solely responsible fox the accident and that the accident was attributable to the rash and negligent driving of the motor truck by the driver and that the finding of the tribunal that the minor applicant failed to prove that the accident was attributable to the rash and negligent driving of the motor truck by the driver was ..... the assessment under the first sub-bead, an estimate of the probable future earnings had there been no accident and the actual earning power after the accident has to be made and the difference between the two is the loss of earning capacity which will have ..... such an age as to be unable to fend for himself or to be naturally ignorant of danger, or where in doing an act which contributed to the accident, he was only following the instincts natural to his age and the circumstances, he is not guilty of contributory negligence. ..... in such a case, when once the negligence of the driver is found to be responsible for the occurrence of the accident, it is impossible to hold that there was contributory negligence on the part of the appellant so as to relieve the driver even partially from the evil .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1979Guj121; (1978)GLR820
..... showing that the said respondent has suffered something more than mere sorrow or grief or mourning, that is to say, sonic recognisable psychiatric illness which again has resulted from his having witnessed the accident, it would thus appear that both the principles referred to earlier and governing award of damages in cases of tort of negligence and particularly in cases of mental or nervous shock and suffering ..... child and seen taxi-cab backing on to the tricycle which lie was riding, from an upstairs window in a house situate at a distance of about 70 or 80 yards away from the site of the accident, was denied damages on the ground that the taxi-driver could not reasonably have contemplated that if be backed his taxicab without looking where he was going, he might cause to the mother the injury complained ..... basis of this reasoning declined to award damages to a fish-wife who was standing about 45 feet away from tile point of impact and who had heard the noise but not seen the accident, although it was proved that she had suffered fright resulting, in severe nervous shock which disabled her from carrying on her trade for sonic time and she gave birth about a month ..... of course, the case of the first respondent stands on a different footing t all that of the third respondent inasmuch as she has not only witnessed the accident but was herself so placed that she could as well have suffered physical injury had she not left the pillion and gone forward to warn the driver of the truck .....
Tag this Judgment!Court : Gujarat
Reported in : 1979CriLJ622
..... be that as it may, in the absence of positive evidence as to longevity in the family and excellent health enjoyed by the deceased at or about the time of the accident, it would be hazardous to proceed on the footing that he would have necessarily continued to be gainfully employed or that the dependency benefit would have been available till the deceased attained the age of 70 ..... there is evidence which establishes that in the month of may, 1972, that is to say, just two months before the date of the accident, the deceased had obtained leave for one month on the ground of sickness. ..... have depended upon several imponderable factors such as the health of the deceased, his life coming to an end in the normal course or even otherwise by some other accident which ha might have met with and such and similar other factors. ..... found that the deceased met with his death as a result of the injuries sustained by him in the course of the accident which occurred on account of the rash and negligent driving of the a. m. t. s. ..... those cases where the deceased persons were 50 and 55 years of age, there was positive evidence to indicate that they were in excellent good health at or about the time of the accident and still 12 years' multiple was applied. ..... herein concerned with a person who was aged 59 and about whose robust health at the time of the accident there is, as earlier pointed out, no evidence. ..... it is well settled that in making awards in accident cases, the court is usually guided by awards made .....
Tag this Judgment!Court : Gujarat
Reported in : 1978ACJ485; AIR1978Guj134; (1978)0GLR492
..... bhatt has deposed only about the injury on the right leg -presumably because being an orthopaedic surgeon, he was consulted long after the- accident only with regard to the said injury, the after-effect of which was of a more permanent and lasting nature. ..... the appellant was hospitalized for a -period of about four months and the medical evidence discloses that the accident has resulted in shortening of his right leg by half centimeter as also in a limp in the right leg ..... 500/- as and by way of loss of income from the date of the accident till the (late of the filing of the application which was a period covering roughly about five ..... 200/- economic loss sustained between the date of the accident and the date of the claim petitionrs. ..... /- pecuniary loss from the date of the accident till the date of the claim petition.rs. ..... 000/- pecuniarv loss from the date of the accident till the date of the claim application.rs. ..... 1-a and 2 of the fatal accidents act, 1855 has been claimed and so long as the amount awarded does not exceed the amount claimed, the amount awarded can be suitably split up and awarded under the said two ..... is a case in which the claimant appellant is the injured person and the claim for compensation arose out of an accident which occurred on dec. ..... after a period of about one year and eight months from the date of the accident when dr. ..... next question which arises for consideration is as to the economic loss-past and future -sustained by the appellant as a result of the accident. .....
Tag this Judgment!Court : Gujarat
Reported in : IV(2006)ACC345; 2006ACJ2019; AIR2006Guj120; (2006)2GLR1257
..... application for compensation, on the basis of -(i) first information report;(ii) injury certificate or post-mortem report in case of death;(iii) registration certificate of the motor vehicle involved in the accident;(iv) cover note, certificate of insurance or the policy, relating to the insurance of the vehicle against third party risks;(v) the nature of the treatment given by the medical officer who ..... whom compensation shall be paid and in making the award the claims tribunal shall specify the amount which shall be paid by the insurer or owner or driver of the vehicle involved in the accident or by all or any of them, as the case may be:provided that where such application makes a claim for compensation under section 140 in respect of the death or permanent disablement of any ..... parliament intended to provide for adjustment or refund of the compensation payable on the basis of no-fault liability, as for example, sections 140 and 161 in case of hit and run motor accident, from the amount of compensation payable under the award on the basis of fault liability under section 168 of the act, the same has expressly been provided for and having regard ..... , section 162 and section 163 -(a) grievous hurt shall have the same meaning as in the indian penal code, 1860 (45 of 1860);(b) shit and run motor accident: means an accident arising out of the use of a motor vehicle or motor vehicles the identity whereof cannot be ascertained in spite of reasonable efforts for the purpose;(c) scheme means .....
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