Court : Mumbai
Reported in : I(1987)ACC524; 1986(3)BomCR647; 1986MhLJ242
..... under:-'provided that in the case of a claim under chapter vii-a of the act, the claims tribunal shall proceed to award the claim on the basis of :-(i) registration certificate of the motor vehicle involved in the accident;(ii) insurance certificate of policy relating to the insurance of the vehicle against third party risks;(iii) copy of the first information report;(iv) post-mortem certificate or certificates of injury from the medical officer;(v) the nature of ..... the appellant insurance company, its case being that the insurance company is not liable to pay any compensation in respect of the accident occurred on 15th april, 1983, as there was a breach of specific conditions of the insurance policy inasmuch as the vehicle was being driven, at the relevant time of the accident, by a person who was not in the employment of the owner of the vehicle and such person was not driving the ..... it was, however, contended by the learned counsel appearing for the respondents that power of review is vested in the motor accident claims tribunal by virtue of rule 6 of the goa, daman and diu motor accident claims tribunal rules, 1966 and further that the authority of the supreme court in thakershi's case instead of advancing the case of ..... in addition, the stand taken by the insurance company was that the deceased was travelling in the vehicle involved in the accident as a voluntary gratuitous passenger which was a commercial vehicle used for carrying goods, and as such, there was no cover for .....
Tag this Judgment!Court : Mumbai
Reported in : [1991]70CompCas471(Bom)
..... in support of the order, the learned judge has relied on the post-mortem report as also the panchanama of the scene of accident and, on this basis, he has made the said award. 4. ..... the fundamental basis for granting relief under section 140 of the act is that death of permanent disablement of any person has resulted from an accident arising out of 'the use of a motor vehicle'. ..... the respondents preferred their claims before the motor accidents claims tribunal, south goa, margao. ..... i remand the matter to the tribunal with a direction that the learned judge shall try, as a summary trial, the question whether the motor cycle of the petitioner was involved in the accident or not. ..... in the result, it becomes necessary for me to have this order set aside and remand the matter to the tribunal for the purpose of deciding this question as to whether the petitioner's vehicle was involved in the accident or not. 8. ..... respondents shall execute a bond undertaking to return to the petitioner the amount of compensation paid to them if, at the end of the trial of the main application, it was found that the motor cycle was not involved in the accident at all. 3. ..... the said deceased, namdev, died in consequence of the injuries sustained by him in the accident. .....
Tag this Judgment!Court : Mumbai
Reported in : II(2006)ACC424; 2006ACJ656; AIR2005Bom409
..... the actual amount of compensation payable under section 124 (or section 124a) pay to any person who has sustained the injury or suffered any loss, or where death has resulted from the accident, to any dependant of the deceased, such sum as it considers reasonable for affording such relief, so however, that the sum paid shall not exceed the amount of compensation payable at such rates as ..... the section 124a, which speaks of compensation on account of any untoward incidents, provides that when in the course of working of a railway, an untoward accident occurs, then whether or not there has been any wrongful act, neglect or default on the part of the railway administration such as would entitle a passenger who has been ..... the rules framed under section 82a of the indian railways act, 1890 being the railway accident (compensation) rules, 1989, and particularly the rule 3 thereof, provides that the amount of compensation payable in respect of death ..... nowhere laid down the proposition of law that invariably the claimants would be entitled for interest either from the date of accident or from the date of filing of the application or even from the date of the judgment. ..... accordingly, if the passenger gets injured while travelling through a train on account of any accident or wrongful act or neglect or default on the part of the railway administration or suffers loss on account of any action attributed to the railway administration, such a passenger would be entitled to be compensated by .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(6)MhLj478
..... a mind in common sense-expect that such officers or any such person after leaving and/or closing the work which is in progress should take all necessary measures to see that there should be no accident and therefore to keep guard only at some hours and left the spot uncovered and unprotected at night itself is a case of clear negligence from the side of staff of the bmc. ..... have been placed and/or put so that whosoever passes by come near the said manhole are away and/or should know that there is a big ditch and work is still in progress to avoid any fall or accident;(e) the boy/deceased fell into the ditch when there was no watchman and as there was no proper protective measure taken by the m.c. ..... the apex court has further observed even for the death of house wife in fire accident for the value of service rendered by her to house even though was not working, on modest estimation should be ..... (sc), while considering the quantum of compensation based on the assessment of the just compensation in the case of death of boy aged 13 years granted the compensation to the parents taking the assistance of 2nd schedule to the motor accident act, 1988, section 66, as income of non-earning member was a sum of rs. ..... that under the bmc act they do not have any provision to pay any claim such as no fault liability and/or lumpsum amount to the parents or any person related to the deceased who died in such accident or incident, whether it is because of negligence or no negligence of the corporation. .....
Tag this Judgment!Court : Mumbai
Reported in : I(2006)ACC731; 2006ACJ1559; AIR2006Bom53; 2006(1)ALLMR379; 2006(1)BomCR14; 2006(1)MhLj818
..... shall be such as the claims tribunal may after taking into consideration medical evidence, besides other circumstances of the case, determine to be reasonable:provided that if more than one injury is caused by the same accident, compensation shall be payable in respect of each such injury.provided further that the total compensation in respect or all such injuries shall not exceed rupees twenty thousand.'6. ..... as all the appeals are arising out of a common accident and as the issues are same and as contended by all the parties, by this common judgment these appeals are ..... on the date of accident, undisputedly, railway accident (compensation) rules, 1989 (for short 'compensation rules, 1989') dated 19th september, 1989 issued in exercise of the powers conferred by section 82a of the railways act, 1890 and in supersession of the earlier rules, were ..... five appeals filed by the respective claimants/appellants against the judgment and order dated 29th june, 1989 passed by the joint civil judge (senior division) thane (railway accident tribunal) in railway accident claim nos. ..... these rules defined accident 'of the nature described in section 82 a of the railways act ..... the railway accidents and untoward incidents (compensation) amendment rules, 1997 which are in force since 1st ..... met with an accident between byculla and chinchpokli railway station of central railway, bombay, in which the claimants/appellants sustained various injuries on various parts of the body as mentioned and referred in .....
Tag this Judgment!Court : Mumbai
Reported in : 1991ACJ294; AIR1991Bom333; 1991(3)BomCR1; (1991)93BOMLR887
..... the prothonotary and senior masterof this court shall forward a copy of thisjudgment to the motor accident claimstribunal, greater bombay, the petitionerand the motor accident claims tribunal, barassociation. ..... the motor accident claims tribunal, greater bombay (respondent no. ..... at one time, can it be said that it is in the interest of justice to confer protection on her, or rather impose protection on her against her desire, by withholding the payment of such amount to which she is entitled an compensation under the fatal accident, claims act? ..... 2 -- motor accident claims tribunal, greater bombay ('the tribunal', for short) -- in m.a.c.t. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1935Bom236; (1935)37BOMLR304
..... this action is brought by the plaintiff insurance company to recover the amount of premium alleged to be due under seven motor accident policies effected by the defendant for a period of one year commencing from may 15, 1933, to may 14, 1934. ..... ' at the end of the proposal form is printed the following statement :i desire to effect with the ocean accident and guarantee corporation, ltd. ..... in some cases there is an obligation to pay the premium upon the issue of the policy ; see general accident insurance corporation v. ..... the foot-note then goes on to state as follows :-the correctness of this decision was doubted in equitable fire and accident office, limited v. ..... as to equitable fire accident office, limited v. ..... security company is shaken by the decision of the privy council in equitable fire and accident office, limited v. ..... it is further said that in general accident insurance corporation v. ..... in connection with this principle i may refer to general accident insurance corporation v. ..... this is clear; from equitable fire and accident office, limited v. ..... the facts in that case were that the defendant filled up a proposal form for a policy of insurance against claims in respect of driver's accidents. .....
Tag this Judgment!Court : Mumbai
Reported in : III(2004)ACC56; 2006ACJ1720; 2004(4)ALLMR364
..... indira gandhi and the oral statement of the respondent that it was the prestigious assignment and she was told that all vip assignments would be given to her on tv and radio but because of the accident in july 1982 respondent lost the chance of those assignments even in regard to asian games held in november 1982, covering of the naam conference held in 1982-83 and chogam held in march 1983 and voyage in ..... suffered by the respondent are taken into consideration the fact that she was discharged within seven days, that she was bedridden for 3 months, adverse effect of the accident upon her career is also considered, even then the compensation awarded by the tribunal is completely excessive. ..... the appellant has challenged the impugned order on two grounds, firstly, according to them the accident did not arise on account of negligent driving of the driver of best bus and alternatively the award is challenged on the ground that compensation awarded to the respondent is ..... cerebral concussion(f) post-traumatic syndrome(g) forgetfulness, lack of concentration, irritability(h) impairment of vision in left eye(i) abrasions on forehead and all over the face and other injuries.while giving the particulars of the accident and the consequences in para (b) applicant has stated that she had incurred expenditure of rs. ..... as an actress she was to wear her makeup while reading news on television but after accident she could not wear the makeup because of scar on her face nor any important role to be .....
Tag this Judgment!Court : Mumbai
Reported in : III(2006)ACC897; 2006(4)ALLMR698; 2006(6)BomCR868; 2006(3)MhLj519
..... prior to the said amendment, section 95(2)(a) stood as under :section 95(2) subject to the proviso to sub-section (1), a policy of insurance shall cover any liability incurred in respect of any one accident up to the following limits, namely --(a) where the vehicle is a goods vehicle, a limit of fifty thousand rupees in all, including the liabilities, if any, arising under the workmen's compensation act, 1923 in respect of the death of, or bodily injury to, ..... govindan, it was held by the supreme court that even where the motorcycle was transferred by the insured prior to the date of accident but no intimation of transfer was given to the insurance company, liability of the insurance company would not cease so far as third party is concerned. ..... several issues were framed by the learned tribunal and after hearing oral and documentary evidence, the learned tribunal held that the accident had occurred due to rash and negligent driving of the truck and not due to any negligence on the part of cyclist ..... it is not necessary to make any comment about these observations but it is clear that the learned tribunal had no doubt in mind that the accident had taken place due to the rash and negligent driving of the truck resulting in two death. ..... in the case of prakash khatri (supra), the division bench held that if the accident had taken place prior to motor vehicles act, 1988 coming to force, no fault liability would be restricted as per provision of section 92(a) of the motor vehicles act, 1939 .....
Tag this Judgment!Court : Mumbai
Reported in : III(2004)ACC537; 2004(3)ALLMR467
..... held that the material date for ascertaining the extent of liability of the insurer is the date of the accrual of the cause of action for a claim arising out of an accident, which in general would be the date of the accident and, therefore, the insurer's liability arising out of an accident which happens after march, 2,1970, has to be determined on the basis of the amended provisions of section 95(2)(a) of the act, even though the policy of insurance may have ..... there is no dispute that the compensation awarded has to be as on the date of the accident and not as on the date of the giving of the judgment or passing of the award, as held by the supreme court in the case of padma srinivasan ..... appellant is the insurance company, which is aggrieved by the judgment and order passed by the motor accident claims tribunal, south goa at margao on 17th december, 1991, in claim petition no. ..... is, therefore, crystal clear from the provisions of law and also from the judgment of the supreme court as well as our high court, that the liability of the insurance company would occur as on the date of the accident and in accordance with the provisions of law prevalent on the date of the accident and in accordance with the insurance policy. ..... correctly the relevant section, fairly conceded that, that was not the correct legal position and he fairly accepted that the liability of the insurance company qua the passenger buses involving accidents with other passengers, namely third parties, is upto rs. .....
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