Court : Mumbai Nagpur
..... in the act or in any other law for the time being in force that the owner of a motor vehicle or the authorised insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of the motor vehicle, compensation, as indicated in the second schedule, to the legal heirs or the victim, as the case may be, and in a claim made under sub-section (1) of ..... and reluctance to participate in the investigation or preliminary inquiry process by the police, one may not go to police station unless the eye witness is close friend or relative of the victim of the road accident, therefore, appreciation of such evidence require reasonable alertness, prudence to get the facts on record considering background of witnesses concerned, knowledge of normal behaviour of witnesses is required on the part of the judicial forum in such ..... on the record in the light of citations and considering the aforesaid well-established principles of appreciating evidence in the cases of the motor vehicle accidents.in my opinion in the facts and circumstances of the case the tribunal committed error of law and failed to properly appreciate the evidence led on ..... form-aa submitted by the police, the tribunal could not have in the facts and circumstances negatived the claim that the deceased prakash died in a motor vehicular accident because of rash and negligent driving of the driver of the tata sumo which was covered by insurance policy of the national insurance co.ltd.. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the vehicle was initially entrusted to respondent no.2 for being driven to pipri workshop which was within the scope of business of the appellants and while the vehicle was under the official entrustment of respondent no.2, the accident occurred at a place where respondent no.2 was not supposed to take it but, his such act was so intimately connected with his initial authority under which he had taken the charge of the vehicle and was ..... he submits that the respondent no.2 was never authorized to take the vehicle to nagpur and, therefore, the accident which occurred in this case fell out of the scope of employment and as such these appellants could not have been held to be responsible vicariously for the negligent act of respondent no.2. ..... claim petition under section 166 of the motor vehicles act, 1988 claiming compensation for the loss occasioned by him owing to his sustaining of serious injuries leading to his suffering from a permanent disability, in the accident caused by rash and negligent driving of one water tanker truck bearing registration no.mtf-7022. ..... according to the appellants, who were the employers of respondent no.2, as the accident occurred due to an act beyond the scope of employment of respondent no.2, no liability for compensation could have been fastened ..... i am of the opinion that the tribunal has rightly held that for the negligent act of the respondent no.2, which resulted into causing of accident in which one person bahoransingh died and another person i.e. .....
Tag this Judgment!Court : Mumbai Nagpur
..... therefore, i am of the opinion that the tribunal has rightly held that for the negligent act of the respondent no.6, which resulted into causing of accident in which one person bahoransingh died and another person lekhan sustained grievous injuries leading to sustaining of permanent disability, the appellants are vicariously liable to pay damages to the legal heirs and dependents ..... she submits that the respondent no.6 was never authorized to take the vehicle to nagpur and, therefore, the accident which occurred in this case fell out of the scope of employment and as such these appellants could not have been held to be responsible vicariously for the negligent act of ..... petition under section 166 of the motor vehicles act, 1988 claiming compensation for the loss occasioned to them by death of bahoransingh, the husband of respondent no.1, and father of the respondent nos.2 to 5, in the accident caused by rash and negligent driving of one water tanker truck bearing registration no.mtf-7022. ..... according to the appellants, who were the employers of respondent no.6, as the accident occurred due to an act beyond the scope of employment of respondent no.6, no liability for compensation could have ..... initially entrusted to respondent no.6 for being driven to pipri workshop which was within the scope of business of the appellants and while the vehicle was under the official entrustment of respondent no.6, the accident occurred at a place where respondent no.6 was not supposed to take it. .....
Tag this Judgment!Court : Mumbai Nagpur
..... according to learned counsel, if the employee had died in the accident, only then a dependent as defined by section 2 (1)(d) of the said act could claim the compensation. ..... on 07/05/2012 said madhu filed proceedings under section 10 of the said act seeking compensation on the ground that the accident in question had arisen out of and in the course of employment. ..... on account of injuries sustained in a motor vehicle accident, the injured filed a claim petition seeking compensation. ..... in case of injuries sustained in an accident, it is obvious that the date of the accident would be the date when compensation under section 4 of the said act would become payable. ..... one madhu was employed with the respondent no.2 and during the course of employment, he met with an accident on 11/02/2011. ..... turning down said objection, it was held that the parents as legal representatives of the deceased could prosecute the claim especially when the death had resulted on account of the accident. .....
Tag this Judgment!Court : Mumbai Nagpur
..... considering the evidence available on record and arguments of both the sides, found that the driver of the offending truck was solely responsible for causing of accident as he had driven the vehicle rashly and negligently, that the insurer and owner of the motorcycle involved in the accident were not necessary parties and that respondents no.1 and 2 were entitled to receive the compensation from the appellant and respondent no.3 jointly and severally. ..... the direction regarding quantum of compensation in the impugned judgment and award passed by the motor accident claims tribunal, nagpur is modified and substituted by the direction that the appellant and respondent no.3 shall jointly and severally pay compensation of rs.4,38,920/- (rupees four lac thirty eight thousand nine hundred and ..... a direction is in the nature of a penalty and it cannot be issued by the motor accident claims tribunal, which is a creation of a special statute, except under express authority of law. ..... the points which arise for my determination are: (1) whether the motor accident claims tribunal, nagpur was justified in granting compensation of rs. ..... and 2 are the parents of deceased dilip, who died in the vehicular accident, and respondent no.3 is driver of the offending truck. 2. ..... they denied that the accident occurred due to rash and negligent driving of the offending truck by its ..... arises out of judgment and award passed on 07/4/2003 in claim petition no.369 of 2002 by the motor accident claims tribunal, nagpur. .....
Tag this Judgment!Court : Mumbai Nagpur
..... when claim was made for the untoward incident of accident u/s.123(c)(2) of the railways act, the railway administration resisted it on the ground that the alleged incident of accidental fall was not an untoward incident. ..... , madhukar was informed about accident of his brother sheshrao. ..... such presumption necessarily arise in case of a person found dead as a result of accident. ..... it appears that deceased sheshrao dangat reportedly died due to railway accident. .....
Tag this Judgment!Court : Mumbai Nagpur
..... 102/2004 whereby the tribunal awarded compensation of rs.3,00,000/- on account of death of one pravin caused in motor vehicular accident occurred on 28.12.2003 involving a taxi bearing no. ..... it will also be easier for the insurance companies to settle accident claims without delay. 8. ..... this appeal is directed against the judgment and award dated 08.10.2009 passed by motor accident claims tribunal, nagpur in m.a.c.p. no. ..... the original claim petition had been filed by the mother and brother of the deceased and the deceased was 33 years of age when he died in the accident. .....
Tag this Judgment!Court : Mumbai Nagpur
..... 102/2004 whereby the tribunal awarded compensation of rs.3,00,000/- on account of death of one pravin caused in motor vehicular accident occurred on 28.12.2003 involving a taxi bearing no. ..... it will also be easier for the insurance companies to settle accident claims without delay. 8. ..... this appeal is directed against the judgment and award dated 08.10.2009 passed by motor accident claims tribunal, nagpur in m.a.c.p. no. ..... the original claim petition had been filed by the mother and brother of the deceased and the deceased was 33 years of age when he died in the accident. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the learned tribunal held that because of rash and negligent driving of the truck accident occurred and therefore fastened the liability jointly and severally on the owner, driver and insurer of the truck. ..... no.35/2005, whereby the appellants herein were awarded compensation of rs.7,64,852/- on account of death of one bhagwatrao which occurred on 14.2.2004, in a motor-vehicular accident involving motorcycle and truck. 2. ..... the amount be deposited with the motor accident claims tribunal, wardha. ..... oral judgment: this appeal arises from the judgment and award dated 4.8.2008 passed by the motor accident claims tribunal, wardha, in m.a.c.p. ..... driver and insurer of the offending vehicle resisted the application mainly on the ground that because of rash and negligent driving of the motorcycle by the deceased himself, accident occurred. .....
Tag this Judgment!Court : Mumbai Nagpur
..... and in support of first appeal nos.981 of 2012 and 604 of 2013 has contended that the learned tribunal has failed to appreciate that the driver of the s.t.bus had taken utmost care to avoid the accident by taking it to the extreme left side of the road, however, since deceased was proceeding on his motor cycle in a high excessive speed, dashed to the s.t.bus from its right side and as such has contended that ..... on the handle of the motorcycle which brushed the bus from its driver's side right from the beginning of the driver's seat to the end of the vehicle and has thus, rightly held that the accident is not a head-on-collision, as had it been a case of head-on-collision, no such mark could have been found on the driver's side of the s.t. ..... 10,000/- per month and accordingly on applying multiplier of 16 granted compensation to the extent of rs.10,33,500/- and has thus contended that as the accident has occurred solely due to the negligence of deceased, the appeals are liable to be allowed by setting aside the impugned judgment and award. 8. ..... from the evidence of bus driver it appears that he has taken due care and caution to avoid the accident by taking the bus to the extreme left side of road, as such the findings of the learned tribunal holding it a case of contributory negligence certainly needs to be affirmed in view of findings based on spot panchanama, as referred above, since there .....
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