Court : Mumbai
Reported in : 2001(4)ALLMR786; 2001(4)BomCR633
..... state government as expeditiously as possible and in no case later than two months from the date of production of the order of this court.we further direct the state government to make a periodical review of the motor accident claims tribunal in nagpur with reference to the felt need for the disposal of cases taking into account the backlog and expected future filing.rule is disposed of accordingly. ..... recommendation of the district and sessions judge, nagpur, that any addition to the existing motor accident claims tribunal, two additional motor accident claims tribunals are required and the state government's own stand that for creation of two motor accident claims tribunal at nagpur, about two months' time would be required, we are of the view that the state government must ..... the miseries and plight of the claimants can be imagined by the slow speed with which such cases are being disposed by the motor accident claims tribunals at nagpur, as these are not exclusive tribunals dealing with claim cases under the motor vehicles act, but have principal functions as ..... but in the facts and circumstances of the present case, in view of admitted position that as on 30th june, 2001, 6067 motor accident claim cases were pending before the motor accident claims tribunal, nagpur, average monthly disposal of claim cases is 46, the present pendency itself may take more than 12 years in wiping out the backlog muchless addition of more cases and the .....
Tag this Judgment!Court : Mumbai
Reported in : I(1995)ACC628
..... 1,000/- for the funeral expenses.in the cross examination, she refuted that her husband did not die in an accident and asserted that her husband told her before his death that he had been knocked down by prashant and told her that ..... held that in the event it is held that the truck driven by the first respondent did meet with the accident and killed the deceased gajanan, on that fateful night then the appellants-claimants shall be entitled to a compensation of ..... dated 31st january, 1989, held that appellants had failed to prove that the deceased gajanan met with accident against the truck driven by the first respondent and that the claim petition was liable to be rejected. ..... 2 or 3 days, he read in the newspapers that one person had met with an accident and expired.in the cross examination, he affirms that he is not related to the deceased and on the day of the accident, he was travelling with a friend who is from sanvordem, his name being yeshwant naik. ..... case where the claim petition instituted by the appellants has been rejected on the ground that the appellants have failed to prove that the deceased met with an accident being hit by the truck driven by the first respondent and insured by the second respondent.12. ..... a witness in the case, some three days after the death of gajanan, it was to be reasonably accepted that tulshidas naik, who had lodged the complaint to the police in respect of the accident, would have given his name and police would have recorded vithoba's statement.13. .....
Tag this Judgment!Court : Mumbai
Reported in : I(2003)ACC484; 2004ACJ364; 2002(4)ALLMR779; 2003(1)BomCR686
..... no general proposition of the law to the effect that unless two motor vehicles are involved, there is no accident within the meaning of sub-section (1) of section 165 or that the claim for recovery of compensation must fail ..... the learned counsel appearing on behalf of the respondent has made an effort to sustain the dismissal of the application under section 166 by contending that unless there is an accident within the meaning of sections 165 and 166, the application under section 166 could not be entertained.5. ..... appears to have made an a priori assumption that since the vehicle turned turtle and no other vehicle was involved in the accident, the accident must have taken place only due to the negligence of the driver of the vehicles. ..... the appellant was shut out of the inquiry at the threshold by the assumption, which was made by the tribunal that since the accident involved only one vehicle, it must have been caused due to the driver's negligence. ..... instance, in the circumstances of a given case the question may arise as to whether the accident has taken place due to the failure of the owner in maintaining the vehicle in a ..... similarly, there can be no general or universal assumption that where an accident that has taken place involves only one vehicle, such an accident must only have taken place due to the negligence of the driver and ..... consequently, once it is established that the death had occurred from an accident arising out of the use of a motor vehicle, the liability under section .....
Tag this Judgment!Court : Mumbai
Reported in : 2008ACJ2642
..... specifying the person or persons to whom compensation shall be paid and in making the award the claims tribunal shall specify the amount which shall be paid by the insurer or owner or driver of the vehicle involved in the accident or by all or any of them, as the case may be:provided that where such application makes a claim for compensation under section 140 in respect of the death or permanent disablement of any person, such claim and any ..... the contention raised by the appellant insurer in the reply is that though offending bus was being used by the pune municipal transport, there was no valid permit granted by the regional transport office on the date of accident and, therefore, in view of the breach of terms and conditions of policy, appellant was not liable to satisfy the award which may be made against the owner.6. ..... - (1) if the application is not dismissed under rule 259, the claims tribunal shall, send to the owner or the driver of the vehicle or both involved in the accident and its insurer, a copy of the application, and the annexures thereto together with the notice of the date on which the parties shall enter their appearance either in person, or through their duly authorised agents, ..... where the applicant makes a claim for compensation under section 140, the claims tribunal shall give notice to the owner and insurer, if any, of the vehicles involved in the accident directing them to appear on the date, not later than fifteen days from the date of issue of such notice. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007ACJ2649
..... considering all these aspects, tribunal came to the conclusion that there was no negligence on the part of the driver of the bus and the accident occurred entirely due to negligence on the part of the driver of the dumper.14. ..... in the cross-examination, he admitted that after that he left the place of accident, one ambassador car with red light waived signal to him to stop but he did not stop ..... the tribunal has observed that at the time of hearing, the insurance company and driver of the dumper were interested in pointing out that the accident was due to composite negligence on the part of both the drivers. ..... broadly, following points arise for my consideration:(i) whether the accident occurred due to negligence on the part of the driver of the s.t ..... agarwal in support of the appeals preferred by the insurer of the dumper is that the accident occurred due to negligence on the part of the driver of the s.t. ..... kotak appearing for the owner of the dumper is that the accident occurred due to negligence on the part of the driver of the s.t ..... the issue before the tribunal was whether the accident occurred due to composite negligence on the part of both the ..... in cross-examination he has stated that at the place of accident on both the sides the road was plain and straight and he could see vehicles coming from front side when it was at a distance of about 200 to 300 ..... the contention raised in the appeal is that the accident occurred due to negligence on the part of the driver of the bus of the .....
Tag this Judgment!Court : Mumbai
Reported in : III(2005)ACC483; 2004(4)ALLMR216; (2005)107BOMLR460
..... the parties adduced evidence before the tribunal and after considering the evidence, the tribunal recorded finding that the accident occurred due to contributory negligence and the negligence attributable to each of the driver can be assessed to the extent of 50% each. ..... these recitals of the spot panchanama clearly indicate that the accident occurred due to the negligence on the part of the truck driver. ..... the appellant insurance company contended that the accident occurred due to the negligence of the driver of the motorcycle on which deceased anil was travelling as pillion rider and therefore, the insurance company was not liable to pay any compensation to the legal representatives of deceased ..... it appears from the recitals of the spot panchanama that the spot of accident is situated at talegaon to ashti on the tar road near dharmashala and the spot of accident was situated at the distance of 1 km. ..... and that the impact of the accident was so grave that anil sustained grievous injuries and died on the spot instantaneously ..... it was contended that since the accident occurred due to the negligence on the part of the driver of the truck, the respondents including the appellant insurance company were jointly and severally liable to pay entire amount of compensation. ..... the driver of the truck could be held solely responsible for causing this accident in as much as he had seen the motorcycle before the accident and therefore he should have exercised due care and skill to avoid the accident. .....
Tag this Judgment!Court : Mumbai
Reported in : (2005)107BOMLR741a
..... plea of failure of brakes or for that matter the plea of the failure of steering taken by the accused are nothing but an afterthought to explain the accident of losing control of the vehicle and going to the right side of the road and dashing against the said tata mobile and then landing into the adjoining paddy ..... fernandes who is a teacher by profession categorically denied that the accused did not have any occasion to brake or for that matter the accident had taken place because of the failure of either the brakes or the steering. ..... the satisfactory nature of the explanation to absolve him of his criminal liability for the accident has, in such circumstances, to be appraised in the light of the entire evidence ..... the supreme court in this case also observed that:no doubt when an accident like the present takes place one naturally expects the driver concerned to explain the circumstances in which he was obliged to take the bus on to the footpath and to strike against the electric ..... the accused, as it appears from the statement recorded under section 313 of the code is that the said accident took place as the steering of the kadamba bus failed. ..... ga-02-c-8164 driven by peter rodrigues who died in the said accident along with another occupant of the said tata mobile by name ..... was conductor of the said ktc bus stated that at the time of the accident he was busy doing the accounts of the journey sitting on the conductor's seat and he had noticed the accident only after hearing a big sound. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009ACJ819
..... if the injured himself had filed a claim petition and even if it was not established that his death was due to injuries sustained in the accident, his legal representatives can prosecute the original claim petition for claiming compensation to the extent of the loss to the estate of the deceased.21. ..... by preferring this appeal the appellants have taken exception to the judgment and award dated 22.8.91, passed by the learned member of the motor accidents claims tribunal at pune in a claim petition under section 110-a of the motor vehicles act, 1939 (hereinafter referred to as 'the said act of 1939'). ..... 31 of 1995....thus, if the injured person dies during the pendency of a claim petition on account of the injuries suffered by him due to the accident, his heirs can either file a fresh claim petition for compensation after the death of the injured person or can apply to substitute themselves in place of the original claimant (injured) and can claim compensation on account of ..... in para 6 of the decision of the division bench held thus:(6)...it does not sound to reason that if initially the claimant who has filed claim for compensation due to injuries on account of the accident dies during the pendency of the claim application and the death can be directly co-related with the injuries suffered by him in the accident, then the legal representatives should not be permitted to pursue the claim petition as originally filed by the petitioner. .....
Tag this Judgment!Court : Mumbai
Reported in : I(2003)ACC488; 2004ACJ374; 2003(1)ALLMR282
..... there are two principal issues which would arise in this case; the first being as to whether it is established that the accident out of which the death of the deceased occurred was due to negligence of the truck driver. ..... however, in some cases considerable hardship is caused to the plaintiff as the true cause of the accident is not known to him but lies solely within the knowledge of defendant who caused it. ..... and the conduct of the truck driver in speeding away from the scene of accident are sufficient to warrant the application of the doctrine of res ipsa loquitur. ..... after the death of the sole bread-earner in the accident, it was left to the widow to eke out a living for herself and for the 11 children whom the deceased left behind. ..... the tribunal in its judgment dated 21.9.1992 came to the conclusion that the claimants had failed to prove that the accident had been caused due to negligence of the truck driver. ..... the impugned judgment and order of the motor accidents claims tribunal, dated 21.9.1992 is quashed and set aside. ..... it is then for the defendant to establish that the accident happened due to some other cause than his own negligence. ..... the learned counsel for the appellants sought to urge that the absence of an eyewitness to the accident cannot be conclusive in every case of the question of negligence. ..... this first appeal is directed against the judgment of the motor accidents claims tribunal, nagpur, dated 21.9.1992 in claim petition no. .....
Tag this Judgment!Court : Mumbai
Reported in : 2002ACJ1910
..... shivaji claims that the boy lost the balance of the cycle and due to which the cycle fell on the right side of the tractor, according to witness ankush the accident occurred on account of the fact that 'due to the pit the cycle jumped and both the boys fell down'. ..... he has stated that he was sitting in front of his house at the relevant time and on seeing the accident he approached the site and helped to pull out the boy as he was found lying under the wheel of ..... at this stage it is also pertinent to note that witness shivaji has stated that at the site of accident on account of slope he had caught hold of the side plank of the tractor tightly and the fact that the witness ankush was also sitting in the similar position has ..... merely because the witness had failed to state to the police that he had seen the accident and he had made such claim before the court that would not by itself be sufficient to disbelieve the entire testimony of nabisaheb as all other facts stated by him have been ..... the appellants was dismissed on the sole ground that the appellants have failed to establish that the accident in question had occurred on account of rash and negligent driving of the tractor by the respondent no. ..... appellants to establish rashness and negligence of the driver is liable to be quashed and set aside and it is to be held that the claimants have proved that the deceased niyaj died in the motor accident at alabad-kapashi road on 26.5.1986 due to rash and negligent driving of the tractor no. .....
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