Judgment Search Results Home > Cases Phrase: accident Court: mumbai Page 14 of about 39,532 results (0.248 seconds)

The New India Assurance Co. Ltd. Vs. Bharati Adhik Patil and Others

Court : Mumbai

..... the said objection was turned down by the learned commissioner on the ground that the dependents or the claimants did not receive any compensation from the motor accident claims tribunal and therefore, his application under workmen's compensation act for compensation is maintainable as he is not receiving compensation from two separate fora, so, the commissioner partly allowed the ..... therefore, the member, mact, kolhapur, also held that the evidence on record revealed that the accident took place due to the rash and negligent driving of the deceased only and the earning is more than rs.40,000/- per year and so, compensation cannot be granted and hence, dismissed the claim ..... no claim for compensation shall be entertained by a commissioner unless notice of the accident has been given in the manner hereinafter provided as soon as practicable after the happening thereof and unless the claim is preferred before him within two years of the occurrence of the accident or in case of death within two years from the date of death:...... ..... case, the applicants have filed claimed compensation of rs.10,10,000/- before the motor accident claims tribunal, kolhapur under section 166 of the motor vehicles act. ..... of limitation, the learned counsel submitted that whether the claim application of the claimants under the workmen's compensation act was barred by limitation as it is filed two years after the date of the accident or whether the protection under section 14 of the limitation act can be applied. .....

United India Insurance Co. Vs. Khudbuddin and Others

Court : Mumbai Aurangabad

..... said insurance company, or can dispute the proportion of the negligence on the part of said driver when it had accepted the judgment and award passed in m.a.c.p.no.362/1995 arising out of the same accident decided on 21.02.1998 and has also satisfied the liability cast on its part in the said judgment and award, wherein the learned tribunal, which has decided the said claim petition, has held ..... counsel submitted that the tribunal, however, completely ignored the said finding recorded in the earlier decision in the claim petition arising out of the same accident and held the only the driver, owner and insurer of the luxury bus fully responsible for paying the compensation to the claimants in the respective ..... finding recorded on the point of negligence in the judgments impugned in the present appeals is quashed and set aside; ii) it is held that the alleged accident happened as a result of composite negligence on the part of driver of the luxury bus and the deceased driver of the truck involved in the said accident and the proportion of such negligence and consequent liability to pay the amount of compensation to the respective claimants, is held in the ratio of 60:40, as ..... , it was the contention of the claimants in all the claim petitions filed by the respective claimants arising out of the one and the same accident, that the alleged accident had happened because of the rash and negligent driving of the driver of the luxury bus as well as the deceased driver of the offending truck .....

Oriental Fire and General Insurance Co. Ltd. Vs. Aleixo Fernandes and ...

Court : Mumbai

Reported in : AIR1986Bom280; [1987]61CompCas130(Bom)

..... reads :'provided that in the case of a claim under chapter viia 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 ..... chapter shall also apply in relation to any claim for compensation in respect of death or permanent disablement of any person under the workmen's compensation act, 1923, resulting from an accident of the nature referred to in sub-section (1) of section 92a and for this purpose, the said provisions shall, with necessary modifications, be deemed to form part of that ..... from the aforesaid proviso, it is clear that the tribunal has to proceed to make a compensation award on the basis of registration of certificate of the motor vehicle involved in the accident; insurance policy relating to the insurance of the vehicle against third party risks; copy of the first information report; post-mortem certificate or certificates of injury from the medical officer; the ..... of the policy, the appellant is liable to avoid the contract of insurance and, therefore, inasmuch as the driver involved in the accident was not covered by a driving licence, there is no question of the insurance company paying any amount as ordered by the claims tribunal .....

Pandurang Chimaji Agale and Another Vs. New India Life Insurance Co. L ...

Court : Mumbai

Reported in : AIR1988Bom248; 1988(2)BomCR177; [1988]64CompCas837(Bom)

..... driver in his control of the vehicle, carrying more than one pillion rider and the duty to stop the vehicle and remain stationary when required by the police officer or when the vehicle is involed in an accident, the duty to give information when the driver or the conductor of the vehicle is charged with any offence under the act, the duty imposed on the driver of the vehicle or the person in charge of ..... singh, : air1984ap32 , the learned single judge was called upon to decide whether a dam site which was the place of accident and which belonged to the public works department and where the coolies were hired for loading and unloading stones was a public ..... the insurance policy was issued in favour of the appellant company only to cover liabilities from the accident by reason of the vehicle plying in a public place, and since the policy did not cover the risk at a private place, there was no liability of the insurance company and the liability ..... this evidence, it was contended on behalf of the insurance company that the place where the accident took place, which is admittedly within the compound wall of the factory, is not a public ..... cas 519, the learned single judge of the madhya pradesh high court was considering whether the printing press, where the accident took place, could be said to be a 'public place' within the meaning of the act. ..... also notice from chapter viia that the no fault liability on account of the accident arises out of the use of the motor vehicle in any place and not .....

Oriental Fire and General Insurance Company Limited Vs. Smt. Shantabi ...

Court : Mumbai

Reported in : AIR1989Bom46

..... by clear intendment, it can be inferred that that was the intention expressed by the legislature and, therefore, since the intention of the legislature while inserting section 92a was to enable the victims of the accidents or their representatives to receive compensation in all cases on the principle of no fault, it necessarily follows that the said provision of law applies to all pending cases, even if some rights had accrued to the other ..... in dayawati's case : [1966]3scr275 when applied to the case at hand, fully warrant the conclusion that section 92a is to be applied to all pending cases irrespective of the date on which the accident occurred, the fact that the amendment act postulates that the amendments will come into force on that dates notified in the government gazette being of no consequence ..... 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, being sometimes unable to prove negligence or rashness of the driver or the owner of the vehicle and, therefore, unable to get the compensation they were entitled to. ..... the provisions of section 92a of the motor vehicles act, 1939 (hereinafter referred to as 'the act'), are applicable even to pending cases relating to accidents that took place prior to its coming into force is the short but interesting question that this appeal by the original sixth respondent gives rise to and .....

Shivahari Rama Tiloji and Another Vs. Kashi Vishnu Agarwadekar and Oth ...

Court : Mumbai

Reported in : [1986]60CompCas682(Bom); 1985MhLJ22

..... , and after quoting from the said decision, observed that in view of the limit on the insurer's liability in respect of each passenger, the argument on the construction of the words 'any one accident' have no relevance in sheikhupura transport's case, : air1971sc1624 , and it was, therefore, neither made or considered by the court, and further, that different considerations may arise under clause (b) as amended by act 56 of 1969 ..... in fact, the court, after examining and analysing the matter in detail, observed that the expression 'any one accident' occurring in section 95(2) is susceptible to two equally reasonable meanings or interpretations and, therefore, since such expression gives cause to ambiguity in the language used by the legislature in the opening part of section ..... thus, the question that falls for my consideration is whether the liability incurred by an insurer in respect of any one accident, where the vehicle involved is one in which passengers are carried for hire or reward or by reason of or in pursuance ..... considering the compulsoriness of the insurance in order to assure, at least up to that limit, payment of compensation to the victim of a motor vehicle accident, that the said subordinate limit is to fix a minimum limit of liability which must be covered by the insurer.10. ..... counsel appearing for the appellants, submitted that the learned presiding officer of the motor accidents claims tribunal has erred, inasmuch as he has limited the liability of the insurance .....

Alimohamed Jumardikhan Vs. Shankar Tukaram Pote

Court : Mumbai

Reported in : AIR1946Bom169; (1945)47BOMLR857

..... bombay port trust : (1929)31bomlr1304 , it has been argued that the words 'employed for the purpose of' and the words 'employed in' mean exactly the same thing, so that an accident which occurred while the employee was on the way to work could not be the subject of a claim to compensation, it not having occurred while the employee was employed in the actual work ..... that case, however, could have been decided more appropriately on a different ground altogether, namely that the person who suffered the accident was at the time of the accident acting altogether outside the scope of his employment and not merely acting in something that was incidental to his employment but was not the actual employment in the present case it could hardly be accepted ..... towards the end of the judgment, where approval is given to an earlier dictum that the question of notice ought not to be measured in very nice scales and it is said that a wide and unnecessary-extension to the word 'accident' which might defeat the claim to compensation ought not to be lightly given.5. ..... it also provides that failure to give proper notice will not bar a claim if the employer had knowledge of the accident from some other source at or about the time when it occurred. ..... the accident occurred on june 25, 1943, and death took place three days later ; but notice of the accident was not given by the representatives of the injured woman until july 22, and failure to give adequate notice is one of the grounds of this appeal by the .....

Gajanan Bhan Magat Vs. Employees' State Insurance Corporation

Court : Mumbai

Reported in : [1973(27)FLR277]; (1974)IILLJ163Bom

..... , on questions of fact the conclusion is that the personal injury caused to the appellant by the accident, arose out of and in the course of his employment being an insurable employment and injury is an employment injury within ..... division bench of this court is that the expression 'in the course of his employment' suggests the point of time; that is to say, the injury must be caused by accident taking place in the course of the employment, that is, during the currency of the employment. ..... it was contended for the respondent, the window of the workman, that the accident arose out of and in the course of the employment, since the workman was under others to make the journey to the place of work and the journey from it must be treated on the ..... appellant for compensation under the workmen's compensation act, the county court judge found that the accident did not arise out of and in the course of the appellant's employment. ..... : 'employment injury' means a personal injury to an employee caused by accident or an occupational disease arising out of and in the course of his employment, being an insurable employment, whether the accident occurs or the occupational disease contracted within or outside the territorial limits of ..... appellant contended that in order to prove an employment injury within the meaning of the act it is necessary for an employee to prove that the personal injury caused to him by the accident arose out of and in the course of his employment being an insurable employment. .....

Laxmibai Atmaram Vs. Chairman and Trustees, Bombay Port Trust

Court : Mumbai

Reported in : AIR1954Bom180; (1953)55BOMLR924; ILR1954Bom353; (1954)ILLJ614Bom

..... 261 the learned law lord says :'......in my opinion, in the present case it isimpossible for me to attribute this unfortunate and afflicted workman's death to injury by accident, as such pronouncement, however prompted by compassion for those bereaved, would be erroneous in fact and involve a liability which is not imposed either by the language or in the intention of the ..... employer's liability under the workmen's compensation act arises provided the conditions laid down in section 3 of the act are satisfied, and that section provides that 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 compensation in accordance with the provisions of this chapter. ..... the court of appealin england held that the county court judge had misdirected himself and that to establish an accident it was not necessary to find a sudden or special strain, & an award should be made in favour of the dependent, and lord hanworth, master of the rolls, at ..... 247):'......in each case the arbitrator ought to consider whether in substance, as far as he can judge on such a matter, the accident came from the disease alone, so that whatever the man had been doing it would probably have come all the same, or whether the employment contributed to ..... the fact that a man suffers from heart disease and he is likely to suffer from (such an accident is immaterial in deciding whether the death arose out of the employment of the workman. mr. .....

Prakash Chandumal Khatri and Another Vs. Suresh Pahilajrai Makhija and ...

Court : Mumbai

Reported in : II(1992)ACC471; 1992ACJ369; AIR1991Bom365; 1991(93)BLJR397; 1991(1)MhLj034

..... the learned chief justice then directed the appeal to be placed before us.shri agrawal, learned counsel appearing on behalf of the appellants, submitted that though the accident had taken place at the time when the provisions of 1939 act were in operation and the compensation was to be determined in accordance with sub-section (2) of section 92 of the act, still on enactment of 1988 act, the appellants ..... right to receive compensation on the principle of 'no fault liability' and the corresponding liability accrues on the date of the accident and is not made dependent on the legislative changes that may take place during the pendency of the application seeking compensation. ..... with respect, such a view overlooks that the right and the corresponding liability accrues on the date of accident and that cause of action cannot be made dependent upon the legislative changes which may be effected during the pendency of the proceedings for seeking ..... since the liability of the insurer to pay a claim under a motor accident policy arises on the occurrence of the accident and not until then, one must necessarily have regard to the fact of the law obtaining at the time of the accident for determining the extent of the insurer's liability under a statutory policy ..... initially, the right of a victim or his legal representatives for seeking compensation in respect of motor accident depended upon the fault or the negligence of the driver and the right to institute action was part of the branch of law of .....