Court : Mumbai Goa
..... considering the circumstances of the case, more particularly, having regard to the fact that several persons had gathered at the spot, where the dead body of shama was lying after some time of the accident, when the police had arrived, it was necessary for the investigating officer to state as to how he came to know that pw2 and pw4 were the eye-witnesses. ..... pw9- yeshwant naik, who was examined to prove that the scooter involved in the accident was belonging to him and that he had allowed the accused to use it on 15/01/2006 in the afternoon, turned hostile ..... even if the statement made by pw12-kamal that shama had met with an accident is accepted, the same by itself is not sufficient to come to the conclusion that it was the accused who was driving the scooter on which shama was pillion rider ..... it is the case of the prosecution that after the accident, the accused had fled from the spot and, therefore, the evidence of pw13- rupesh goes contrary to the prosecution case itself ..... he did not tell her where the accident had taken place, but he was nervous and scared ..... he claimed that on the day of accident itself, he came to know the name of the girl, who had expired as shama shirodkar and the scooterist as nishant ..... the absence of any such explanation, i find it difficult to place reliance upon the testimonies of pw2 and pw4 in support of the prosecution case that they had seen the accident on 15/01/2006, as claimed by them. ..... about 5 to 10 minutes he came to know that accident had occurred. .....
Tag this Judgment!Court : Mumbai Goa
..... subject to the limits of liability as laid down in the schedule hereto the company will indemnify the insured in the event of an accident caused by or arising out of the use of the insured vehicle against all sums which the insured shall become legally liable to pay in ..... 1 either to file written statement in defence or to enter the witness box to explain how the accident occurred, according to him, is fatal and by applying said principle, the mact ought to have recorded the finding in favour of the ..... in the process, the honourable apex court noted that strict proof of an accident caused by a particular bus, in a particular manner, may not be available with the claimants who were to establish their case on touch stone of preponderance of probability and the standard of proof beyond reasonable doubt ..... aw.4, is pressed into service to show that they had witnessed the accident and they have stated that the motorcycle was being driven in speed ..... strength of part of clause, the mact concluded that respondent no.2-insurance company has to indemnify the insured in the event of the accident caused by or arising out of the use of the insured vehicle. ..... framed an independent issue to find out whether the deceased suffered injuries in the accident that resulted in her death and answered it in the affirmative. ..... he states that when a vehicle enters on wrong side and accident takes place or then a passenger travelling in a public transport is injured, such doctrine is usually invoked looking to the .....
Tag this Judgment!Court : Mumbai Goa
..... ) 1.this appeal is directed against the judgment and award dated 30.6.2007 passed by the learned presiding officer of the motor accident claims tribunal, south goa, margao (tribunal, for short), in claim petition no. ..... according to the learned counsel, therefore, since the accident had occurred in the year 2003, the actual loss of income should have been calculated for three years. ..... act, for short) thereby claiming total compensation of rs.12.00,000/- on account of injuries sustained by her in a motor vehicular accident, which injuries resulted into permanent disability. 3. .....
Tag this Judgment!Court : Mumbai Goa
..... the present appeal is preferred by the appellant dissatisfied with the amount of the compensation granted by the judgment and order dated 22.12.2009 passed by the presiding officer, motor accident claims tribunal for the taluka of salcete, at margao( presiding officer ? ..... the claimant was about 43 to 44 years old at the time of the accident and as per the table at serial no.1 of the second schedule to m. v ..... when he reached at old goa bypass road, all of a sudden the front right side tyre of the vehicle burst, as a result of which, the claimant lost control over the vehicle and met with an accident with another vehicle owned and driven by the respondent no.1, i.e. ..... it is also contended that the accident occurred due to the negligence of the claimants as well as the respondent no.1 ..... according to these respondents accident occurred due to rash and negligent driving of the claimant himself ..... at the time of the accident vehicle were insured with the respondent ..... at the time of accident the claimant was aged about 44 years and earning rs.3000/- per month. ..... due to the accident he was taking ..... in the accident the claimant sustained grievous injuries, ..... taking judicial notice, the apex court has considered the earning of the driver of the vehicle to the accident to rs. ..... ground of the appeal only as regards to salary of the claimant therefore, the counsel appearing for the parties have concentrated their arguments only on the aspect of the salary of the claimant as on the date of the accident. 12. .....
Tag this Judgment!Court : Mumbai Goa
..... nature specified in sub-section (1) of section 165 may be made (a) by the person who has sustained the injury; or (b) by the owner of the property; or (c) where death has resulted from the accident, by all or any of the legal representatives of the deceased; or (d) by any agent duly authorised by the person injured or all or any of the legal representatives of the deceased, as the case may be : provided ..... of the circumstance that nothing is produced on record to show that shridhar pujari/aw2 had approached police to inform about the accident or his statement was recorded during investigation, this court holds that the evidence of shridhar pujari/aw2 cannot be used against ..... when under mv act remedy is given to the person to whom loss is caused, to third party, in motor vehicle accident it is open to such person either to approach the tribunal under section 166 of the mv act or to go ..... that another truck bearing no.ga-02-z-7867 which was following truck no.6099 was also involved in the accident and it also gave dash to the truck in which the claimant was taking diesel to ..... the claimant that truck bearing no.ga-01-w-6099 gave dash to the truck tanker of the claimant and the accident was caused by the driver of the truck bearing no.ga-01-w-6099 by driving the truck rashly and negligently. ..... shridar pujari/aw2 has given evidence that he was present in the vicinity of the spot of accident and noticed that truck no.6099 was proceeding towards the side of truck no.8138 and truck no.7867 .....
Tag this Judgment!Court : Mumbai Goa
..... attention of this court was invited to the evidence of all the investigating officers namely aw.3, aw.4 and aw.5, which reveals that there was no eye witness to the accident and even the criminal case, which was against unknown person, was closed as a final . ..... the learned claims tribunal, upon analysis of the entire evidence on record, concluded that the accident had occurred due to the rash and negligent riding of a motorcycle by its rider. ..... this happens to be a pure hit and run motor accident, arising out of the use of a motor vehicle, the identity whereof could not be ascertained, though efforts were made, for that purpose. 19. ..... if the said vehicle was involved in the said accident, then as owner thereof, the respondent would be liable to pay compensation. 13. ..... however, the claims tribunal further held that the claimant failed to prove that the respondent or his motorcycle was involved in the accident, due to which the claim petition came to be dismissed. ..... as against the evidence of the appellant(aw.1), on one side, to the effect that it was the respondent who had caused the accident, there is evidence of respondent (rw.1) himself, on the other side, which clearly reveals that he was not involved in the said accident and that his t.v.s. ..... aw.1 says that the accident had occurred on the pavement in front of the all india radio building (akashvani kendra) whereas according to aw.5, the accident took place on the road near all india radio, altinho and not on the pavement. 17. .....
Tag this Judgment!Court : Mumbai Goa
..... 1, the father of the deceased, as aw1; an eye-witness, namely antonio gonsalves as aw2; one shri govind gaonkar, one of the panch witnesses to the scene of accident panchanama and sketch as aw3; shri chandrahas gaonkar, head constable then attached to agacaim police station as aw4; and shri shamrao chavan, the police-sub-inspector then attached to agacaim police station as ..... the death or injuries sustained by the owner of the goods or his authorised representative being carried in a goods vehicle when that vehicle met with an accident, were not covered under the insurance and, therefore, the insurance company was not liable. ..... goods that were being gifted to the daughter of rw2 and the accident had occurred while returning back with empty suitcases and baskets. ..... consideration of the entire evidence on record, the learned tribunal held that the accident was caused solely due to the rash and negligent driving of respondent no. ..... this appeal, the appellant has challenged the judgment and award dated 21/06/2013 passed by the learned motor accident claims tribunal at panaji ('tribunal', for short), in claim petition no. ..... it has been held that the victims of the accident travelling in the truck of goods vehicle are gratuitous passengers and insurance company is exempted ..... she deposed that after the accident, the empty suit cases and baskets were removed from the tempo by her family members and were carried to their residence in the cars in which they were travelling, since the tempo would be .....
Tag this Judgment!Court : Mumbai Goa
..... 1 shows that after taking the appellant to the hospital he had returned to the spot of the accident at 13:00 hours and at that time he found that the motorcycle was not on the spot and then he was informed that it was taken to the police station. ..... after hearing the learned advocates for the respective parties and examining the record, following points arise for consideration: (a) whether the accident had occurred due to the rash and negligent driving of the motor cycle by the respondent no. 1? ..... the case of the claimant, aged about 40 years at the time of the accident, is that while walking on the katcha road facing betalbatim, the respondent no. ..... 1,65,000/- as compensation which finding is not challenged by the respondents and the appellant having established that accident had occurred due rash and negligent driving by the respondent no. ..... shri kakodkar, learned advocate for the appellant submitted that the tribunal has committed an error in recording the finding that the accident had not occurred due to the vehicle driven by the respondent no. 1. ..... the appeal arises out of the order passed by the motor accident claims tribunal for the taluka of salcete at margao in claim petition on 12.06.2008, by which this claim petition filed by the appellant is rejected with costs, mainly on the ground that the appellant has failed to prove the ..... 1 and his vehicle are not involved in the accident had any substance, the respondents would have challenged the order. 13. .....
Tag this Judgment!Court : Mumbai Goa
..... considered view, the evidence of the appellant and aw3, who, in my opinion, has rightly been held as a chance witness, does not establish the manner, in which the accident occurred much less the negligence of the first respondent even on preponderance of probability. ..... , in view of the finding that the appellant failed to prove that the accident occurred due to negligence of the first respondent, the petition came to be ..... considered view, it is not possible to visualise the manner, in which the accident could have occurred in the context of the normal human conduct and probabilities. ..... it has to be shown that the manner, in which the accident occurred and the attending circumstances and the evidence led, leads to a reasonable probability of the accident having occurred, due to the negligence of the driver/ rider of ..... submitted that the entire story as put forth by the appellant of the manner, in which the accident occurred, is not trustworthy and one inspiring confidence. ..... appeal, the appellant/ claimant is challenging the judgment and award dated 30/11/2009, passed by the motor accident claims tribunal, margao in claims petition no.243/2007. 2. ..... in his evidence, has stated that he was riding as a pillion rider on the motorcycle and as a result of the accident, his brother and he himself fell down. ..... the witness states that the accident occurred on tar road towards left hand side of the road, if one proceeds from margao to cuncolim, about one metre away from the right hand side edge of the .....
Tag this Judgment!Court : Mumbai Goa
..... it is an admitted fact that the claimant/appellant met with an accident due to the driving of the vehicle by the respondent no.1 and owned by the ..... 84/2000 in connection with very same accident under section 163-a of the motor vehicles act and the learned presiding officer of the motor accident claims tribunal by its judgment and award dated 16.09.2003 dismissed the petition on the ground that the claimant/appellant has not suffered ..... the learned presiding officer of the motor accident claims tribunal, has dismissed the petition mostly on the ground that the subsequent ..... the learned presiding officer on issue no.3 read thus: a bare reading of section 163-a would show that the claimant is entitled for compensation under this section only in case of a death or permanent disablement due to the accident arising out of use of motor vehicle. ..... appellant had returned from the school along with other children and was on the side of the road, at that time the respondent no.1 who was driving the vehicle involved in the accident gave dash to the claimant/appellant. ..... is preferred by the original claimant against the judgment and award dated 20.10.2009 passed by the learned presiding officer of the motor accident claims tribunal, panaji, in claim petition no. ..... under the provisions of section 163-a of the motor vehicles act and in that petition, the learned presiding officer had framed three issues namely: (1) whether the claimant proves that the accident occurred on 17.08.2000 at about 1.30 p.m.? .....
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