Court : Mumbai
Reported in : I(1987)ACC453; (1986)88BOMLR689; [1989]65CompCas206(Bom); 1987MhLJ35
..... of the amendment act to some extent corroborates this view for it particularly indicates that the intention of the legislature was to remove the evil and mischief that people who suffered the accident had to face, bing sometimes unable to prove the negligence or rashness of the driver or the owner of the vehicle and, therefore, unable to get the compensation they were entitled to. ..... the legislative intendment appears thus clear and what was apparently meant is to provide for compensation in all accident cases involving motor vehicles where death or permanent disablement occurred, the question sad to whether the accident was due to the fault of the driver of the vehicle, or of the victim, or due to a mechanical failure, or to force major, ..... it constitutes a beneficial piece of legislation undoubtedly meant to give a quick and effective relief to the victim of a traffic accident, or to his legal representatives in case of death sub-section (1) of s 92-a provides that where the death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or as the case may be, the owners of the vehicles shall, jointly and severally, be liable ..... the above provisions of law that in any case where a death or a permanent disablement takes place as a result of an accident involving motor vehicles, a compensation is to be paid irrespective of the negligence or of any wrongful act done by either party .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1956Bom633
..... the expiry of the period during which the premium is payable or before attaining the age of 60 years, whichever is earlier, shall sustain any bodily injury resulting solely and directly from accident caused by outward violent and visible means and such injury shall, within three calendar months of its occurrence solely, directly and independently of all other causes, result in the death of ..... not prepared to subscribe to any rigid or unbending rule when dealing with the question of permissive presumptions i do take the view that where the question for determination is whether death was caused by accident or design the initial presumption must be in favour of death by innocent cause.in the absence of coercive reasons to the contrary or any binding authority i have reached the conclusion that in the ..... i put some instances of this nature to learned counsel for the defendants the answer was that there was no evidence led by the plaintiff as to the nature of the alleged accident and the court would not rely on what may at the highest be matters of conjecture.now conjecture or suspicion are not modes of proof and i would certainly refrain from founding any ..... were by themselves sufficient to rebut any presumption of accidental death,i put it to learned counsel that even in case of window-sills of safe heights accidents could occur and that it was not unknown that at times persons impulsively rashly or foolishly leaned out of windows disregarding or forgetting all considerations of danger .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1988Bom118
..... 95(2)(b) of the motor vehicles act hasheld that it cannot bedisputed that in view of the provisions of section 95(2)(b) and (4), an insurance policy covers only a liability incurred in respect of any one accide nt up to the prescribed limits and that it is apparent that there are two kinds of limits, one as regards the main and overall liability and the other being the one prescribed in sub ..... now, as it is seen, this court has in the circumstances held in the cases of kashi vishnu and deepathumma that the expression 'any one accident' has also to be looked into from the angle of the victim of the accident of clause (b) and considering the express provision of sub-section (4), further held that in any event, the liability of the insurance company will ..... not the real meaning and import of the above decisions of this court, for 'any one accident', spoken of in sub-section (2) of section 95 has to be looked into fromtheangle of the victim of the accident as held in modi's case : [1982]1scr860 and that since there existed four separate accidents from the angle of each of the victims of the accident, the liability of the insurance company goes in each of such cases up to the limit ..... this limit, it was further observed, was prescribed to facilitate the apportionment of compensation among the various victims of an accident up to the overall limit of the liability of the insurer and that considering the compulsoriness of the insurance, the subordinate limit was established in order to fix a .....
Tag this Judgment!Court : Mumbai
Reported in : IV(2006)ACC266; 2006ACJ2481; 2006(4)ALLMR305; 2006(5)BomCR672; 2006(4)MhLj161
..... sub-section (2) provides that a policy of insurance shall cover any liability incurred in respect of any accident, up to the following limits, namely:(a) save as provided in clause (b), the amount of liability incurred;(b) in respect of damage to any property of a third party, a limit of rupees six thousand:provided that any policy of ..... of the insurance company that it is the owner of the motor vehicle involved in the accident, who is liable to pay compensation since, it was admittedly a gratuitous passenger in goods vehicle ..... insurer will not be liable for paying compensation to the owner of goods or his authorised representative on being carried in a goods vehicle when that vehicle meets with an accident and the owner of goods or his representative dies or suffers any bodily injury. ..... according to the appellant pramodini, it is difficult for her after the accident to perform her normal routine work as she was performing prior to the accident true it is that no medical officer is examined or any other ..... the matter of national insurance company air 2000 scw 3352, the date of accident, was october, 27, 1989 and it was a case of driving negligently ..... death of two persons in this vehicular accident namely subhashchand kasliwal and sureshchandra doshi, ..... in this case was whether the insurer is liable to pay the compensation to the dependent of the deceased, while the deceased passenger was travelling in a goods vehicle and on account of the accident, passenger died or suffered bodily injury. .....
Tag this Judgment!Court : Mumbai
Reported in : 1994ACJ916; (1992)94BOMLR596; [1992(65)FLR1055]; (1993)ILLJ442Bom; 1993(1)MhLj23
..... employer shall not be so liable - (a) in respect of any injury which does not result in the total or partial disablement of the workman for a period exceeding three days; (b) in respect of any injury not resulting in death, caused by an accident which is directly attributable to - (i) the workman having been at the time thereof under influence of drink or drugs, or (ii) the wilful disobedience of the workman to an order expressly given, or to a rule expressly framed, for the purpose of ..... to the section 3 of the workmen's compensation act notwithstanding, there are pronouncements of the hon'ble supreme court and various courts to the effect that even if a worker is negligent or died or met with an accident even in his leisure time or at the place other than his usual working but in the course of his employment, the worker is entitled to the compensation from the employer. ..... considering all the circumstances and the ratio laid down in the cases discussed supra, in my opinion too, the appellant met with an accident while performing his duty though not in diligent manner but the facts remain that his two fingers of left hand have been crushed, still he is entitled ..... appreciate the contention of the respondent, i will refer the relevant provision of section 3, as under : 'if personal injury is caused to a workman by accident arising out of and in the course of his employment, his employer shall be liable to pay the compensation in accordance with the provisions of this chapter. .....
Tag this Judgment!Court : Mumbai
Reported in : I(1998)ACC210; 1997ACJ1374; 1998(4)BomCR446; 1997(1)MhLj737
..... under section 110 of the motor vehicles act, 1939 the motor accident claims tribunal has jurisdiction to adjudicate the claim for compensation in respect of accidents involving the death of or bodily injuries to the persons out of use of ..... applicable to the facts and circumstances of the present case and it can safely be held that the title in the property in the said tractor did not pass to the present appellants on the date of the accident since the sale of the tractor was conditional and upon payment of instalments of rs. ..... was to be effective on payment of full price and during that time the owner allowed the transferee to ply the vehicle and the part of the sale price remained payable on the date of the accident, the property cannot be said to have passed to the transferee on the date of the ..... who was the owner of the vehicle on the date of the accident must obviously depend on the facts and circumstances of each case. ..... was made by the claimants who are father and mother of deceased latif kutubuddin soudagar who died in motor accident which took place on 4-2-1981 in the city of kolhapur. ..... appellants allegedly purchasers of the vehicle set up the plea that they were not owner of the offending vehicle on the date of the accident and, therefore, no liability could be fastened on them. ..... the award passed by the motor accident claims tribunal on 30/8/1985 is modified by making the registered ..... 2 herein filed a claim petition before the motor accident claims tribunal, kolhapur on 10-6-1981. .....
Tag this Judgment!Court : Mumbai
Reported in : 1990ACJ411
..... in a place where the visibility is extremely good since the road is straight, that there was a street tube light in the very place of the accident and that therefore, both the appellant and the first respondent could see each other from a considerably good distance; and that the panchanama recorded by the police shows that the impact of ..... learned presiding officer of the claims tribunal dismissed the application for compensation on the ground that the appellant has come out in his petition with a case that the accident occurred when he was standing with his cycle on the right side when he was dashed by the motor cycle driven by the first respondent. ..... this appeal is directed against the judgment dated 3rd may, 1985, whereby the learned presiding officer of the motor accidents claims tribunal, margao, dismissed an application for compensation filed under section 110-a of the motor vehicles act by the original appellant antonio milagres fernandes ..... in these circumstances, although it is difficult to say that it would have been possible for the first respondent to avoid the accident, undoubtedly, there exists a case of contributory negligence since the appellant also should not have attempted to cross the road when the motor cycle was coming with some ..... there was no other traffic at the time and as such, the first respondent could have avoided the accident either by reducing the speed of his motor cycle or by taking his vehicle to his right side and avoiding the collision with the .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(6)BomCR79
..... and hence breach of insurance policy having occurred;vii) tribunal having erred in appreciating evidence and erroneously coming to the conclusion of insurer having established of offending vehicle being used for a driving school at the time of accident, by misconstruing the evidence of driver of offending vehicle and relying upon investigation report of monica arland not duly proved and thus insurer having established breach of insurance policy having occurred;viii) tribunal having failed ..... even assuming the fact of same being fitted with duel control system being established;vii) tribunal having failed to appreciate that there was absolutely no evidence on record that at the time of the accident in question the vehicle involved in the accident was being used for the purposes of driving school;viii) tribunal having miserably missed significance of the evidence of driver of offending vehicle that he is possessing valid licence and particularly in light of ..... matters stated in the insurance policy at exh.36 and evidence having failed to establish of there being other occupants in the vehicle at the time of the accident;ix) tribunal in absence of any cogent evidence on record of the vehicle involved in accident being used for a driving school at the time of the accident having further manifestly erred in coming to conclusion of breach of insurance policy having occurred;x) tribunal erred in not coming to conclusion of breach of conditions of policy being not .....
Tag this Judgment!Court : Mumbai
Reported in : 1993ACJ291; 1993(1)BomCR654; (1992)94BOMLR668
..... instant case admittedly the insurance company has not discharged the burden of proving that the owner of the vehicle involved in the accident had wilfully and deliberately placed the vehicle in the hands of an unlicensed driver even assuming that the evidence on record suggests that ..... , arises only when the vehicle is driven by the insured or by any person with his permission and the accident is caused due to the fault of the insured or of the person who was actually driving the vehicle with the ..... cause or allow any servant of the repairer also who is engaged in the work of repairs to use the vehicle for the purpose of or in connection with the work of repairs and when this happens and an accident occurs due to the negligence of the repairer or his employee the insurer becomes liable to pay compensation. ..... 's case is that they also were not liable to pay compensation on account of the accident because at the relevant time the jeep which was handed/over to them by respondent no.1 ..... learned tribunal after recording evidence gave the findings that the accident had been caused due to the rash and negligent driving ..... , who was the owner of the vehicle involved in the accident, respondent no.2 one vasant kutty who was actually driving the vehicle which met with an accident, respondent no.3 which is the insurance company of the vehicle, ..... of both the appeals filed against the award of the learned member of the motor accident claims tribunal, panaji, dated 30th september, 1987 in claim petition no. .....
Tag this Judgment!Court : Mumbai
Reported in : I(1990)ACC29
..... the facts of the instant case are also the same and it shows that the accident having been taken place without the fault of workman and while he was on duty at renapur must be taken to be during the course of his employment and also arising out of the employment on account of risk which ..... there was also a causal connection between the accident and the employment, and, therefore, accident must be taken to have arisen out of employment of the petitioner ..... relying on : (1959)iillj65mp , it was observed that the word 'accident' in section 3(1) of the workmen's compensation act, has been used in the popular and ordinary sense; and all that it means is 'mishap' or 'untoward event not expected or ..... there is no gainsaying of the fact that the accident had taken place during the course of employment.7 the only question that calls for consideration is whether it can be said that the accident arose out of the employment or whether there was any connection, casual or otherwise, between the death and the employment of the workman and the ..... it is pertinent to observe in this connection that the mishap of the accident which occurred in a weekly bazar, where the workman had gone after resting his jeep in the rest house, and where he had to lose his life at the hands of a unruly ..... was held that despite the prohibition and despite the fact that there was no necessary connection between the workmen and the crossing of the railway line, the accident had arisen out of and in the course of employment. .....
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