Court : Mumbai
Reported in : 2009(3)BomCR83; 2009(111)BomLR1836
..... and 2, particularly circumstances described in paras 15 to 17 show that view taken by the tribunal that accident occurred as suddenly the tractor trolley had turned to right side appears to be correct.21. ..... that case a truck was stationary and a taxi car and the tractor collided and after the accident the car also struck the truck which was standing. ..... vehicle was being used for that purpose and accident had taken place near girwali electricity sub-station. ..... is observed in paras 5, 8 and 9 relying upon certain authorities that tractor is a motor vehicle; tractor attached with trailer is a goods vehicle if tractor draws a trailer and the accident is caused by such tractor trailer then vehicle causing the accident would not be a tractor but a goods vehicle. ..... tractor owner had hired trailer for transport of fodder and coolie who was in trailer met with a accident as the tractor was being driven rashly and negligently. ..... it is held that at the time of accident the tractor trolley was being taken by respondent ..... the learned member, motor accident claims tribunal framed necessary issues and ultimately came to a conclusion that the present ..... 4 who were driver and owner of the tractor-trolley filed written statement at exh.29 and admitted that the tractor-trolley was involved in the accident and deceased had died. ..... company being aggrieved by the judgment and award passed by the learned ex-officio member, motor accident claims tribunal and district judge, beed in motor accident claim petition no. .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(3)ALLMR25; 2003(5)BomCR58; 2004(1)MhLj856
..... asking: 'who could have done this?that our family, like nathuram godse and his co-assassins, were 'upper caste' hindus, cured me forever of any narrow understanding of nation - and any vestige of pride, in the accident of birth.....'8. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006ACJ1824; 2005(2)MhLj939
..... further contended that the road on which the truck was proceeding was rough having ditches and the time of the accident was around 2 to 3 o'clock in the night and the driver was not rash and negligent in driving his ..... the said principles has application only when the nature of the accident and the attending circumstances would reasonably lead to the belief that in the absence of negligence the accident would not have occurred and that the thing which caused injury is shown to have been under the management and control of the alleged wrong doer.a rash act is primarily an ..... to such cases that the maxim res ipsa loquitur may apply, if the cause of the accident is unknown and no reasonable explanation as to the cause is coming forth from the defendant. ..... case the circumstances are such that it is impossible to reach the conclusion that the accident could have occurred without the negligence of the petitioner-accused. ..... the maxim applies in actions for negligence where the circumstances of an accident are such that it is so improbable that it would have occurred without the negligence of the defendant, that it can be presumed that it was ..... karnataka, : 1979crilj1374 , it is observed that : 'as a rule, mere proof that an event has happened or an accident has occurred, the cause of which is unknown, is not evidence of negligence. ..... there was no intervention by outside agency at the time of accident and since the driver did not exercise his due care and caution, it has resulted in causing the .....
Tag this Judgment!Court : Mumbai
Reported in : 1988(4)BomCR520; [1990(60)FLR371]; (1990)ILLJ112Bom; 1989MhLJ785
..... 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 ..... there was also a casual connection between the accident and the employment, and, therefore, accident must be taken to have arisen out of employment of the petitioner'.the facts of the instant case are also the same and it shows that the accident having 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 ..... 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 designed ..... it is pertinent to observe in this connection that the mishap of the accident 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 an unruly mob ..... question arose as to whether the death of gokul, the workman can be said to be the result of accident 'arising out of and in the course of his employment'. ..... in other words, had he not been on duty of the bank on that day and had he not taken the jeep anywhere, he would not have met with any accident, much less a fatal one like his death. .....
Tag this Judgment!Court : Mumbai
Reported in : (1979)81BOMLR241
..... pain and suffering are not special damage, because their translation into money terms is arbitrary, but if the plaintiff had his clothes ruined in the accident, and incurred hospital expenses, and loss of wages, the value of the clothes and other monetary loss up to the date of the trial would be special damage upon which he ..... none the less, it must be accepted that, in cases where the victim's life has been shortened by the accident and the claim is properly formulated and proved, some figure to represent the loss suffered by the deceased through the shortening of his life may be included in the damages, and ..... to carefully consider the evidence with regard to the condition of the deceased ramrang after the accident, in the light of the allegations made in the plaint and denied in the written ..... 601, the privy council, when dealing with the assessment of damages of a fatal accident by a motor vehicle, made the following observations on the factors to be taken into account in ..... evidence, it is difficult to hold that chhabra suffered in the matrimonial sphere on account of the accident, particularly when he admitted that there was no disfigurement or disablement in this connection ..... the amount awarded is either so inordinately low or so inordinately high that it must be a wholly erroneous estimate of the damage.all these facts and circumstances relating to the deceased or injured person involved in a fatal accident, about these liabilities, have to be taken as factors for determining the damages. .....
Tag this Judgment!Court : Mumbai
Reported in : 1994(3)BomCR112; (1998)IIILLJ585Bom
..... respondents, supported the order of the learned commissioner for the workmen's compensation act and submitted that while granting compensation under the workmen's compensation act, the worker has to prove that because of the accident and injuries sustained by him, there is either permanent or partial disability to work, resulting in the loss of earning capacity. ..... it is no doubt that the enactment of this section is a welfare legislation and if there is a loss of earning capacity due to accident while working in the factory or undertakings, the worker is entitled for the compensation, else not. ..... the appellant vasant in his evidence stated that he sustained burn injuries in the accident which took place on july 4, 1978, while he was working in the factory of the respondents. ..... under the circumstances the appellant utterly failed to prove that due to accident which resulted in causing acidic burn injuries on his limbs, there is any loss of earning capacity. ..... --where more injuries than one are caused by the same accident, the amount of compensation payable under this head shall be aggregated but not so in any case as to exceed the amount which would have been payable if permanent total disablement had resulted from the injuries. ..... it reads as under :'if personal injury is caused to the workmen by accident arising out of or in the course of the employment, his employer shall be liable to pay compensation in accordance with the compliance of this chapter. .....
Tag this Judgment!Court : Mumbai
Reported in : 1989(3)BomCR406; 1989MhLJ488
..... as all these four appeals arise out of the common judgment and order passed by the motor accident claims tribunal, satara dated 23rd of august, 1988, they were heard together and are being disposed of by ..... kishor, the driver of the car has stated in his deposition that on the date of accident, only his cousin brother goverdhandas was present in the house and he took the keys of the car from the house and went ..... contended by shri kudroli learned counsel appearing for the appellant that the finding recorded by the learned member of the tribunal that on the date of the accident kishor was a minor and was incapable of holding a valid driving licence is wholly perverse. ..... contended that in fact he was holding a learners licence on the date of accident and the finding recorded by the learned member of the tribunal is therefore obviously ..... member of the tribunal came to the conclusion that the accident took place because of the rash and negligent driving at ..... the conclusion that kishor was not holding any valid driving licence at the time of accident and was also incapable of having a valid driving licence. ..... since in these appeals it is not disputed that the accident took place because of the rash and negligent driving of kishor, it is not necessary to deal with the ..... it is also in admitted fact that at the time of accident sandip was 8 months old sharad was about 11 years old, sudhakar and prabhakar were aged about 14 and 11 years old, sudhakar and prabhakar were aged about 14 and 11 years .....
Tag this Judgment!Court : Mumbai
Reported in : III(2004)ACC527; 2005ACJ621; 2004(6)BomCR176; 2004(4)MhLj348
..... i have satisfied myself from the record and proceeding, which was called for in this court, that the report of the accident of the workman, which document was proved in court, shows that the age of the workman is 35 years. ..... the commissioner on the basis of the evidence on record has held that the age of the deceased was 35 years since this was the age mentioned in the accident report which was filed at exhibit c5 alongwith the list. ..... 78,824/- alongwith interest @ 6% per annum from the date of the accident till payment by the respondents jointly and severally. ..... undisputedly, no amount has been paid to the appellants within one month of the accident or till the application was disposed of by the commissioner. ..... according to the appellants, the age of the deceased at the time of the accident was 35 years and his monthly wages were rs. ..... 1 for 15 to 20 years prior to the accident and that he was paid rs. ..... therefore, clearly the commissioner has erred in recording the age of the workman in the accident report as 45 years. ..... after the accident, the appellants claimed compensation from respondent no. ..... the compensation falls due immediately when the accident occurs. ..... 2, died in a motor vehicle accident on 14.7.1984. ..... 1 examined herself and has deposed that her husband, the deceased, was 35 years of age at the time of the accident. .....
Tag this Judgment!Court : Mumbai
Reported in : I(2005)ACC217; 2005ACJ1119; 2004(6)BomCR630; (2005)107BOMLR885; [2005(104)FLR661]; 2005(1)MhLj179
..... section 2(1) of the workmen's compensation act as follows:(1) 'total disablement' means such disablement, whether of a temporary or permanent nature, as incapacitates a workman for all work which he was capable of performing at the time of the accident resulting in such disablement:provided that permanent total disablement shall be deemed to result from every injury specified in part i of schedule i or from any combination of injuries specified in part ii thereof where the aggregate percentage of the ..... 2 submits that the finding of the commissioner that the respondents are liable to pay 9% interest is without any basis since the accident occurred in the year 1991, when the interest which could be levied was only 6% simple interest whereas the commissioner in the present case has ..... he submits that the commissioner ought to have considered the fact that the appellant had suffered total disability due to the accident and, therefore, while considering the compensation to be paid, the commissioner was required to consider the loss of earning capacity which need not be confined to the extent of the disability stated ..... supreme court in the case of pratap narain singh deo (supra) considered the case of a workman who, as a result of an accident arising out of and in the course of employment, suffered a personal injury due to which his left arm above the elbow was required ..... driving the vehicle on 19.8.1991, the appellant met with an accident as the front tyre on the right side of the truck .....
Tag this Judgment!Court : Mumbai
Reported in : 2002ACJ919; 2002(2)ALLMR299; 2002(3)BomCR305; (2002)1BOMLR510; 2002(1)MhLj179
..... after having considered the entire material placed on record, the motor accident claims tribunal allowed the claim petition and consequently, directed the owner and driver of the tractor to pay rs. ..... that the evidence adduced by the claimant is sufficient to come to the conclusion that it was the driver of thetractor who was rash and negligent in driving the vehicle and because of hisrash and negligent driving, the accident occurred in which the minor girlpramila sustained three fracture injuries. 10. ..... i, therefore, hold that the finding of the motor accident claims tribunal in this behalf does not suffer from any infirmity. ..... whether the injured claimant proves that the accident occurred on account of rash and negligent driving of tractor no. ..... feeling aggrieved by the award passed by the motor accident claims tribunal, the owner of the tractor has preferred this first appeal.8. ..... the evidence of pramila and shankar would clearly go to establish that the driver of the vehicle was rash and negligent at the material time and because of rash and negligent driving of the driver, accident occurred in which, pramila sustained fracture injuries. ..... madhukar deshmukh coupled with then oral testimony of pramila, the motor accident claims tribunal has rightly concluded that the injured pramila sustained fracture injuries in the accident, which occurred on 20-8-1986. ..... the evidence brought on record would clearly go to show that because of accident, pramila sustained three fracture injuries. dr. .....
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