Court : Gujarat
Reported in : AIR1982Guj72; (1982)1GLR437
..... supreme court in gobald motors case (air 1962 sc 1) and thereafter in the subsequent decisions which were binding on this court and, therefore, the amount of insurance money received under an accident insurance must be deducted or set off from the total amount of pecuniary loss occasioned to the legal representatives of the deceased on his death and it is only the net loss on balance which ..... to which i was a party, considered the position in law as it stood before the enactment of lord campbell's act and undertook a detailed comparative study of the provisions of the fatal accidents act, 1855 and the provisions of the motor vehicles act, 1939, and held -(i) that clause (b) of sub-section (1) of section 110-a of the 1939 act was a substantive provision ..... representatives of the deceased under a life insurance policy taken out by the deceased was liable to be deducted from the total amount of compensation payable under the fatal accidents act; and (ii) the accident insurance money received by the legal representatives of the deceased must be deducted in its entirety from the compensation money and the surplus, if any could only be awarded ..... were made by statute so far as deduction on this count is concerned and the last of such statutory inroad is to be found in section 4 of the fatal accidents act, 1976 which provides that in assessing the damages, there shall not be taken into account any insurance money benefit under the enactments relating to social security pension or gratuity .....
Tag this Judgment!Court : Gujarat
Reported in : II(1991)ACC179; 1991ACJ801
..... section 84 of the motor vehicles act, 1939 which was applicable at the time of the accident runs thus:no person driving or in charge of a motor vehicle shall cause or allow the vehicle to remain stationary in any public place, unless there is in the driver's seat a person duly licensed to drive the vehicle ..... applicants, bai chunaki and exonerating the insurer on the ground that the injured was an unauthorised passenger in the goods vehicle and that at the relevant time the motor truck involved in the accident was being driven by a person who was not holding a valid licence to drive.2. ..... that they had gone to rajpipla from ahmedabad on 6.3.1977 and on the day of the accident they had gone to chhotaudepur with the empty truck. ..... it is also abundantly clear that when the accident had occurred and when the truck had overturned the motor vehicle in question was being driven ..... 15,000/- but when the accident had taken place according to the old act, the liability of the insurer for a passenger would not exceed an ..... this appeal would have been quite different if the applicant were to be not a passenger in the truck and if she were not to travel in the truck involved in the accident in the capacity as a passenger. ..... clearly that she had paid the fare along with other persons and though sabu had started the truck the cleaner was driving the same when the accident had taken place. ..... also noticed that even for the sake of curiosity children may also enter the bus and any moment the accident could occur. .....
Tag this Judgment!Court : Gujarat
Reported in : 1992ACJ1102; (1992)1GLR482
..... when cpm truck was in the middle of the intersection, gtf truck coming from nadiad was at a distance of about 50 feet to 60 feet and when the accident took place, his truck had reached the end of the intersection towards anand side and the front portion of the gtf truck coming from nadiad side had dashed with ..... had already entered the intersection and having crossed more than half of the intersection, it was beyond the correct side of cpm truck and no accident would have occurred but for the fact that cpm truck was being driven obviously at a great speed, and in the middle of the road ..... from the fact that no truck or no goods or even no glass pieces were found in the intersection shows that the entire accident was in the exte me comer of the intersection and gtf truck was thrown off beyond the intersection and beyond the road into a pit ..... . following the aforesaid ratio of the supreme court, the division bench held that in cases of victims of accident who were in thirties or forties, when their lives are cut short by unfortunate accident, multiplier of 12 to 15 with outer limit of 15 was found to be quite proper multiplier to be adopted in capitalising the dependency ..... in view of his reluctance in replying to the question and suggestion that he had not seen the accident, the tribunal has rightly not relied on his version as to how the accident had occurred, but the fact that the intersection is 60 feet x 60 feet without any island and that he was standing at a distance of 30 feet .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)2GLR272
..... for acquittal, it may once again be stated that there was indeed no question of the factory inspector admitting in cross examination whether he was in a position to say whether on april 3, 1984 when the accident in question took place, the machine was covered with protective guards or not, for three simple reasons; firstly the admission appears to be either an unguarded slip while giving evidence or deliberately saying so to oblige the ..... on the basis of the aforesaid reasonings, the learned magistrate concluded that firstly it was not proved beyond any doubt much less the reasonable doubt that the accident in question took place in the manner alleged by the prosecution because of the negligence of the respondent and secondly, but for the negligence of injured bai hamida she would not ..... with reference to 8th ground of acquittal, the defence version to the effect that the machine was duly covered with the protective measure and that the accident in question took place entirely due to the negligence of bal hamida, the manager cannot be held responsible, it may be stated that this bald assertion by itself does not take the ..... the necessity of drawing the panchnama arises only in those cases where the court finds it necessary to have some independent assistance to properly understand the scene of offence/accident ultimately in order to appreciate the evidence of the injured or other eye-witnesses in proper perspective in cases other than the factories act like the one under the .....
Tag this Judgment!Court : Gujarat
Reported in : I(1996)ACC45; 1995ACJ714; (1995)1GLR629
..... state, are hereby directed to issue necessary instructions in vernacular language requiring the officers-in-charge of different police stations in the state of gujarat to forward information recorded by a police officer regarding any accident involving death of or bodily injury to any person or report prepared under section 158 of the motor vehicles act, 1988, at the earliest and in no circumstances later than 30 days from ..... in view of the provisions of section 158(6) of the act it is made obligatory for the officer-in-charge of the police station to forward a copy of the information recorded regarding any accident involving death of or bodily injury to any person or a report prepared under section 158 of the act to the claims tribunal having jurisdiction and a copy thereof to the concerned insurer; ..... if, within seven days from the date on which its production was required under sub-section (1) or, as the case may be, from the date of occurrence of the accident, he produces the certificate at such police station as may have been specified by him to the police officer who required its production or, as the case may be, to the police officer at the ..... well as 166(4) and omitting sub-section (3) of section 166 of the motor vehicles act, 1988, is to relieve the poor, ignorant and helpless victims of unfortunate road accidents from the rigours of the provisions of sub-section (3) of section 166 of the act which provided that a claims tribunal has no jurisdiction to condone delay beyond a period .....
Tag this Judgment!Court : Gujarat
Reported in : 1997ACJ1270; (1997)1GLR243
..... mehsana and back home for his employment with the o.n.g.c;(v) on 18.7.1981, deceased had boarded delhi mail train from ahmedabad for going to mehsana and the said train had an accident on account of derailment between dangarva and ambaliyasan, near mehsana;(vi) several passengers had sustained injuries and some of them had sustained fatal injuries and deceased shailesh was one of the ..... the contrary, be liable to pay compensation to the extent set out in sub-section (2) and to that extent only for loss occasioned by the death of a passenger dying as a result of such accident, and for personal injury and loss, destruction or deterioration of animals or goods owned by the passenger and accompany the passenger in his compartment or on the train, sustained as a result of such ..... any other law, be liable to pay compensation to such extent as may be prescribed and to that extent only for loss occasioned by the death of a passenger dying as a result of such accident, and for personal injury and loss, destruction, damage or deterioration of goods owned by the passenger and accompanying him in his compartment or on the train, sustained as a result of such ..... a cry for justice of dejected and disheartened, unsuccessful and unfortunate parents, is echoed in this appeal, who lost only young earning son, in a fatal railway accident, on ill-fated day of 18.7.1981 and who also lost the legal battle for compensation for the untimely and premature demise of their beloved only son.a conspectus .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)2GLR952
..... the committee headed by a retired judge of the hon'ble supreme court eliminated the petrol theory and even smiscreant activity theory and propounded the theory of simple accident without considering the above material referred to in the aforesaid judgment dated 30.10.2004 and the committee had also stated in the said interim report as under :-it is, ..... for that purpose has made all or any of the provisions of the said act applicable to that authority, the commissioner of railway safety to whom notice of the accident has been given shall not hold his inquiry and where he has already commenced his inquiry he shall not proceed further with it and shall hand over the evidence, ..... 's report is to be treated as a strictly confidential document.9.4 the court's attention is invited to the findings given in the interim report dated 17.1.2005 (page 96) including the reference to the accident bulletin (pages 107-109) and to the judgment of the railways claims tribunal (pages 129, 134 & 137) to show that it has been the consistent stand of the railway administration right from ..... the committee is permitted to be circulated and discussed, apart from the fatal illegality in the appointment of the committee, clause (b) of rule 2(6) of the statutory investigation into railway accidents rules, 1998 is itself a statutory recognition of the principle being canvassed by the original petitioner :- 2(6)(b) if, as a result of the police investigation a regular case is lodged in a criminal court by the police .....
Tag this Judgment!Court : Gujarat
Reported in : II(1998)ACC27; 1999ACJ102; (1998)2GLR279
..... to it under the provisions of section 96 of the old act (corresponding to section 149 of the present act).however, in view of the fast increasing volume of the traffic and the number of accidents being on the rise, the tribunals were flooded with a large number of claim petitions which unfortunately the tribunals could not dispose of within a reasonable time of a year or so; in a large number ..... of the act or under section 92-a of the old act, the tribunal is merely required to ascertain the fact whether there was in force a policy of insurance at the time of accident and that the tribunal is not to go into the questions even prima facie whether there was any breach of the terms and conditions of the policy or whether any of the defences raised ..... ' case and has passed the order against the owner under section 140 of the act, in view of the fact that on the date and time of the accident there was in force an insurance policy the tribunal was required to pass the award against the insurance company as well without going into the detailed questions like whether ..... objections other than the objections limited to the question of involvement of vehicle in question, ownership of the vehicle, existence of policy of insurance at the time of the accident and death or permanent disablement having resulted from the accident- objections which are hereafter referred to as limited objections and inquiry into these objections referred to as limited inquiry) are at all to be considered at the stage of .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2002Guj121; (2002)1GLR58
..... under non-use along with certificate of taxation, permit as well as certificate of fitness in case of transport vehicles and a fee of rupees ten, provided that where a vehicle is rendered incapable or being used or kept for use on account of an accident mechanical defect or any other sufficient cause which make it impossible to give an advance declaration as aforesaid, then such declaration shall be given within a period of seven days from the date of occurrence of such ..... provided that where a vehicle is rendered incapable or being used or kept for use on account of an accident, mechanical defect or any other sufficient cause, which make it impossible to give an advance declaration as aforesaid, then such declaration shall be given within a period of seven days from the date of occurrence of such accident, mechanical defect or such other cause, either in person or by registered post ad. ..... perhaps in exceptional cases where the vehicle has met with a major accident or where it is in need of such extensive repairs that it would be impossible to put the vehicle to use or where the transport authorities themselves prohibit the use of the vehicle due to its defective condition and cancel the certificate of ..... it is also provided that designated omnibuses in respect of which tax has been paid has not been used or used for a period of one month on account of accident which is registered before the police or in a competent court or the government authority. .....
Tag this Judgment!Court : Gujarat
Reported in : I(1995)ACC7; 1994ACJ1159; AIR1995Guj98; (1994)2GLR1308
..... guidelines laid down by the hon'ble supreme court in the case of gm, kerala state road transport corporation (supra) are required to be followed by this high court and by all motor accident claims tribunals in the state.we direct that the application as well as the first appeal be placed before the division bench taking up such matters for deciding the same in accordance with law ..... . there is conflict between the guidelines laid down by the hon'ble supreme court in relation to disbursement and investment of the amount of compensation awarded in motor accident claims cases, in the case of gm, kerala state road transport corporation (air 1994 sc 1631) (supra) and the guidelines laid down by full bench consisting of three hon'ble judges ..... is it reconcilable if not reconcilable, which guidelines are required to be followed by the high court and the motor accident claims tribunals in the state the order of reference indicates that the entire case is referred to full bench for ..... must be remembered that lump sum compensation is paid to the claimants who are either victims of the accident or their legal representatives by applying an appropriate multiplier with a view to providing for his or their ..... 1979 sc 1862 (supra) by this court in the case of muljibhai (1982 (1) 23 guj lr 756) (supra) and by other high courts, as stated above it would be in the interest of justice to direct the motor accident claims tribunal to award compensation amount by periodical instalments only and not in lump sum. .....
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