Court : Gujarat
Reported in : (1973)14GLR826
..... we fail to see any conceivable reason which can justify a differential treatment being meted out to a property-owner in the matter of imposition of tax merely because, by a fortuitous accident, his assessment has not been finally completed before 3rd december 1969 and is pending on that date. ..... court, after making the above observation, proceeded to add in paragraph, 10 of the judgment: 'according to the arguments on behalf of the appellants article 14 is attracted because the classification which has been made is purely arbitrary depending on the accident of the date of the completion of the assessment. ..... information at any time during, the official year to which the assessment book relates, amend the same by altering the assessment of any land or building or premises which has been erroneously valued or assessed through fraud, accident or mistake. .....
Tag this Judgment!Court : Gujarat
Reported in : (1997)2GLR1534; (1998)IIILLJ24Guj
..... (7) notwithstanding anything contained in the foregoing provisions of this section, the appropriate government may, if it is satisfied that owing to such exceptional circumstances as accident in the undertaking or death of the employer or the like it is necessary so to do, by order, direct that the provisions of sub-section (1) shall not apply in relation to such undertaking for such period as may be specified in the order. ..... under section 25-o(7), notwithstanding provisions of sub-sections (1) to (6), if the appropriate government is satisfied that on account of exceptional circumstances such as accident in the undertaking or death of the employer or the like, it is necessary so to do, direct that the provisions of sub-section (1) of section 25-o shall not apply in relation to such undertaking for such period as may be specified in the order itself. ..... sub-section (7) of section 25-o provides for power to exempt from the application of the provisions to such undertaking for such period as may be prescribed in the order by the appropriate government in case of satisfaction of some exceptional circumstances such as accident in the undertaking or death of the employer or the like. .....
Tag this Judgment!Court : Gujarat
Reported in : (1993)2GLR1119
..... having regard to the facts alleged in the complaint, when the worker has lost his life as a result of fatal accident while on job, in the factory premises, there was no discretion vested in the learned magistrate except to impose sentence of fine of not lesser than rs. ..... raval further submitted that in the instant case also, since the accident has resulted into death of a worker at the work on the machine, the respondent was liable to be visited with fine not less than rs. ..... it has been stated by the accused that this was his first offence and that the place at which the alleged fatal accident took place, was not a place where he was supposed to work. ..... one worker named rampal ramlal had met with fatal accident while on work and died on june 26, 1984 during the course of his treatment. ..... his submission, invited attention of this court to the said proviso to section 92 of the act which reads as under : xx xx xxprovided that where contravention of any of the provisions of chapter iv or any rule made thereunder or section 87 has resulted in an accident causing death or serious bodily injury, the fine shall not be less than (twenty five thousand rupees) in the case of an accident causing serious bodily injury.' mr. .....
Tag this Judgment!Court : Gujarat
Reported in : II(1993)ACC479; 1993ACJ673; AIR1993Guj171; (1993)1GLR779
..... insurer has issued the certificate of insurance, he has to satisfy any decree which a person receiving injuries or the dependents of a person who was injured and died in the course of the accident obtain/obtains against any person covered by the statutory policy in respect of such liability, (6) that the liability to satisfy the decree is, ' however, subject to the right of the insurer to ..... the.court observed as under (para 7):'thus, this civil practice of non-payment of the full amount awarded by the claims tribunal to the dependants or victims of the accident has been judicially recognised throughout the country and attempts are being made to nail squarely this pernicious practice with a desire to see that the compensation awarded would reach the ..... question was, on the date of the contract of insurance, a vehicle not covered by a permit to carry passengers for hire or reward and that it was, at the time of the accident, stated to have been actually used to carry three passengers for hire or reward and that therefore the insurance company was not liable to satisfy the awards made in favour of one of ..... (supra), wherein the court was required to consider the question as to whether the insurer is entitled to claim immunity from a decree ob-tained by the dependents of the victim of a fatal accident on the ground that the insurance policy provided a condition excluding driving by a named person or persons or by any person who is not duly licensed or by any person who has been .....
Tag this Judgment!Court : Gujarat
Reported in : II(2002)ACC95
..... the grievance in this petition is that the petitioners' claim petitions have not been heard and decided so far because their claim petitions are listed before the motor accident claims tribunal (main) (hereinafter referred to as 'the main tribunal') which is presided over by the learned district judge of panchmahals district; since the learned district judge has to hear and decide the cases of various other ..... the purpose of ensuring that the claim petitions be heard by the same tribunal so as to avoid any conflict of decisions could as well be served by the assignment of all the claim petitions arising from the same accident to the same tribunal, whether auxiliary or main.the learned agp thereupon submitted that the state government could have no objection to such a course being adopted. mr. ..... the learned counsel for the petitioners submitted that where there are more than one claim petition arising from the same accident, all such claim petitions are required to be adjudicated upon by the main tribunal and, therefore, the learned district judge presiding over the main tribunal pleads his inability to transfer such claim petitions to the ..... in this petition, we are concerned with only clause (v) thereof, which reads as under :-'(v) where more than one application for compensation arising out of an accident are made before more than one tribunal all such applications shall be transferred to and adjudicated upon by the claims tribunal (main).'4. .....
Tag this Judgment!Court : Gujarat
Reported in : (1972)0GLR205; (1973)ILLJ447Guj
..... was entitled to the benefits of the workmen's compensation act, 1923; and as it was not in dispute that deceased tai died in an accident that occurred in the course of and arising out of his employment, the appellants would be entitled to compensation. 15. ..... according to the appellants as the deceased tai was an employee of the company and died in an accident arising out of and in the course of his employment, he was entitled to receive compensation according to the provisions of the workmen's compensation act, ..... those who are in receipt of monthly wages exceeding four hundred rupees) of an establishment to which the bombay shops and establishments act applies and in which at least five employees are employed on the date of the accident as if they were workmen within the meaning of the workmen's compensation act. ..... according to the applicants abdulla ibrahim tai died in a motor accident while travelling in the jeep belonging to the respondent-company on 19th october, ..... appeal arises out of an application made by one bai khatija abdulla ibrahim tai and her seven children as dependants of deceased abdulla ibrahim tai who died in an accident on 19th october, 1962 near sanand in ahmedabad rural district. ..... to every employee, other than an employee who is in receipt of monthly wages exceeding four hundred rupees, of an establishment to which this act applies and in which at least five employees are employed on the date of the accident as if he were a workman within the meaning of that act. .....
Tag this Judgment!Court : Gujarat
Reported in : 1998ACJ1003; (1997)3GLR736
..... caused to the goods are claimed by the claimant on the premise that the public carrier which was involved in the accident was loaded with the iron plates for being transported to bhavnagar and after loading work was over the public carrier went out ..... the main question which has come up before us for consideration and adjudication in this appeal is 'whether the vehicular accident in question could be said to have occurred in a 'public place' as defined under section 2(34) of the ..... not only that, even alternatively use of the vehicle and the manner and mode in which the accident took place implicitly prompt us to believe that the vehicle on account of mechanical failure and while reversing breaking down of gear box and brake pipe all of a sudden ..... of the use of the vehicle in a 'public place' notwithstanding that the person who is dead or injured or the property which is damaged had not been in a 'public place' at the time of the accident if the act or omission which led to the accident had occurred in a 'public place' admitted facts would also attract this principle. ..... be noted that if it is interpreted otherwise, it would mean to exclude the accident the cause of which, commencement of which, root of which, is in a public place and the person who suffered bodily injury or fatal injury or a third party who suffered the damage to his property is not in a 'public place' at the time of the accident and such a view would automatically run opposite to the benign and social objects and .....
Tag this Judgment!Court : Gujarat
Reported in : 2003ACJ1353; (2003)1GLR574
..... has objected to this aspect and contended before the tribunal that there is total lack of evidence connecting the death of habib with the injuries which he had sustained on 19th april, 1980 as a result of the accident and habib had only a fracture of the left ilium and other fracture of left clavicle bone and rightly submitted that these two fractures would not result in death. ..... 1 was driving the bus at an extremely fast speed and negligently with the result that the bus met with an accident, as a result of which, the husband of the applicant sustained serious injuries and remained confined to bed till 19th september, 1980 on which day he died. ..... on the contrary, there was evidence of the widow of the deceased before the tribunal that from the date of accident, the deceased remained unconscious till he died and because of the poor condition of the family, the deceased was prematurely shifted from the hospital at his own request. ..... the tribunal has considered the oral evidence of the original claimant that from the date of the accident, her husband habib had to remain confined to bed till he died on 19th september, 1980. ..... however, thereafter, on the next day, she learnt that the bus had met with an accident and her husband was injured as a result thereof. ..... the tribunal has come to the conclusion that the bus driver was even partly responsible for the accident in question and there will be an award against opponent no. .....
Tag this Judgment!Court : Gujarat
Reported in : IV(2006)ACC432; 2006ACJ1941; (2006)1GLR637
..... claims tribunal are constituted by state government for the purpose of adjudicating upon claims for compensation in respect of accidents, involving the death of, or bodily injury, to persons arising out of the use of motor vehicles, or damages to any property of third party so arising, or both, under section 165, chapter xii, motor vehicles act, 1988 (hereinafter referred to ..... nonetheless, when the court is called upon to assess compensation on account of some negligent act in a motor accident, the court has to keep in mind that under section 1-a, it has to assess loss caused to the legal heirs, which means, the loss caused to the dependents of the deceased should be assessed on the basis of the value ..... which clearly lays down that claimant is entitled to `just' compensation, court should grant it irrespective of claim made by the victim of accident, on the available evidence or allow amendment to be made and opportunity to lead evidence. ..... : [1995]1scr75 that while fixing the amount of compensation payable to a victim of an accident, damages have to be assessed separately as pecuniary damages and special damages, in other words, pecuniary loss and non ..... the driver of the jeep, with a view to avoid the accident, took it to the left but it dashed with the tree, with the result, claimant sustained injuries on the left leg, left hand and other parts of ..... and cross objections are directed against the award of motor accident claims tribunal (main), panchmahals at godhara, macp no. .....
Tag this Judgment!Court : Gujarat
Reported in : 2001ACJ1268; [2000(84)FLR473]; (1999)3GLR2172
..... vehicles act may be different from the principles and procedure for payment of compensation under the workmen's compensation act, atleast in so far as the claims being made in respect of accidents arising from the use of motor vehicles are concerned, there is no reason why the powers of entertaining and deciding applications for payment of compensation to the injured workmen/heirs of the deceased ..... workmen in respect of accidents involving the death of or bodily injury to persons arising out of the use of motor vehicles should not be vested in the same judicial forum, whether the claim is made under the ..... in this revision application under section 115 of the civil procedure code, the petitioner-insurance company has challenged the communication/order dated 12-2-1999 from the motor accident claims tribunal (main), rajkot to the divisional manager of the petitioner-company calling upon the company to pay compensation under the workmen's compensation act, 1923 (hereinafter referred ..... above facts, the tribunal mentioned that merely because the heirs of the deceased-driver had by misunderstanding or mistake filed the claim petition before the motor accident claims tribunal instead of filing the same before the commissioner for workmen's compensation, the applicants were not disentitied to get the compensation. .....
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