Court : Mumbai
Reported in : I(2003)ACC292; 2004ACJ1647; 2003(1)ALLMR141; 2002(4)MhLj27
..... joshi, learned counsel for the claimants vehemently submitted that the motor accident claims tribunal did not at all consider the oral evidence in its proper perspective and has arrived at a wrong conclusion with regard to contributory negligence of ..... feeling dissatisfied by the quantum of compensation awarded by the motor accident claims tribunal, the original claimants have preferred this first appeal. ..... would clearly point out that the driver of the tractor was rash and negligent and because of such reckless driving, accident occurred in which a young boy lost his life. ..... where the fact of accident is admitted but cause of accident is doubtful, then only the doctrine of res ipsa loquitur comes into ..... first appeal is directed against the award dated 12-2-1988 passed by the ex-officio member of the motor accident claims tribunal, latur in motor accident claim petition no. ..... the burden is not discharged, there is a presumption that accident is caused by negligence of respondent. ..... cause of accident is well ..... the motor accident claims tribunal directed the respondents ..... do not know as to how accident occurred. ..... riot place on record any documentary evidence in order to show that the motorcyclist had no valid driving licence on the day of the accident. ..... absence of direct evidence, some times the claimants find it very difficult to prove negligence of the driver of the vehicle involved in the accident. ..... on way suggests, even remotely, that the motorcyclist was partially responsible for accident. .....
Tag this Judgment!Court : Mumbai
Reported in : 1995ACJ989; 1995(1)BomCR317; (1995)97BOMLR161
..... 36 of the said judgment, the apex court held that the construction of the expression arisen out of the use of a motor vehicle in section 92-a of the act enlarged the field of protection made available to the victims of an accident and was in consonance with the beneficial object underlying the enactment. ..... high court, appellate side is directed to return record of the trial court forthwith to the motor accident claims tribunal expeditiously and latest within 10 days from today. ..... that the liability to pay compensation under section 92-a was enforceable against all the respondents jointly and severally as the appellant had suffered 'permanent disablement' as defined in section 92-c of the act, resulting from an accident arising out of the use of a motor vehicle or motor vehicles. ..... to the ratio of this judgment i have no hesitation in accepting the submission of the learned counsel for the appellant that the appellant had suffered serious injury as a result of an accident 'arisen out of the use of' both the vehicles i.e. ..... 22nd july, 1993 passed by additional motor accident claims tribunal for greater bombay in application ..... is filed by the original applicant against order dated 22nd july, 1993 passed by the learned member of additional motor accident claims tribunal for greater bombay in application no. ..... the learned member of additional motor accident claims tribunal was in error when he observed that the appellant had not suffered permanent disablement as contemplated under section 92-a .....
Tag this Judgment!Court : Mumbai
Reported in : 1990ACJ196
..... it will have to be held that the deceased was not responsible for the accident and the accident took place because of rash and negligent driving of pandurang, the s.t. ..... appeal is filed by the maharashtra state road transport corporation against the award passed by the district judge and member of the motor accidents claims tribunal, dhule dated 28th april, 1984 granting to the claimants an amount of rs. ..... framing necessary issues and appreciating the evidence on record, the learned member of the tribunal came to the conclusion that the deceased rajarambhai died in the accident which took place due to rash and negligent driving of the s.t. ..... the evidence on record is read with the panchanama then the only conclusion possible is that the accident took place as a result of rash and negligent driving of the s.t. ..... has recorded a finding that at the time of accident the deceased was about 40 years of age. ..... it was also suggested that the accident took place because of the rash and negligent driving of the deceased which suggestion was obviously ..... however, a dispute is raised as to whether the accident took place because of rash and negligent driving of the bus driver or the driver of the motor ..... case if an earning member of the family who was supervising the cultivation as well as the business dies in an accident, the family is bound to suffer. ..... order to avoid the accident the bus driver tried to reduce the speed by applying brakes but the motor-cyclist lost his control and the accident took place. .....
Tag this Judgment!Court : Mumbai
Reported in : I(2002)ACC642; 2002ACJ642; AIR2002Bom27; 2002(2)BomCR682; (2002)1BOMLR22; 2001(4)MhLj562
..... pillion rider is not covered, in claim of compensation made by the claimant for having sustained permanent disability while riding motor cycle as pillion rider which met with an accident, apparently insurance company is not liable and no further material was required to be seen at the stage of consideration of application under section 92-a to find out whether insurer was ..... who is dead or injured or the property which is damaged as not in a public place at the time of the accident, if the act or omission which led to the accident occurred in a public place :] (2) subject to the proviso to sub-section (1), a policy of insurance shall cover any liability incurred in respect of any one accident up to the following limits, namely :-- (a) where the vehicle is a goods vehicle, a limit of one lakh and ..... moreover, for awarding compensation under section 92-a of the act, the claims tribunal is required to satisfy itself in respect of the following matters : (i) an accident has arisen out of the use of a motor vehicle; (ii) the said accident has resulted in permanent disablement of the person who is making the claim or death of the person whose legal representative is making the claim; (iii) the ..... the light of the aforesaid legal position laid down by the apex court in respect of enquiry under section 92-a, we have to see whether motor accident claims tribunal and the learned single judge were justified in directing the insurer of motor cycle to deposit the amount under section 92-a in the .....
Tag this Judgment!Court : Mumbai
Reported in : 2006ACJ897; 2004(4)MhLj569
..... kukdey, appearing for the appellant insurance company, contented that admittedly, the accident took place on account of mechanical break down, beyond the control and power of the deceased and without any negligence on the part of the deceased ..... non raising of even an issue, even though based on undisputed position of the accident, which occurred due to mechanical defect, according to me cannot be agitated for the first time in the appeal, specially in cases where the owner has not raised such objection, of the court comes to a particular conclusion at the ..... both the contesting respondents could not deny the basic accident, as well as, the claim as such, made by the respondents/original ..... susamma varghese in support of his contention that if the accident was inevitable or an unavoidable one, there cannot be a claim under the law of torts in india and claim cannot be put forward under section 110a of the m. ..... the liability prima facie based on the accident, whether with negligence or without negligence and/or mechanical failure of the ..... see there is no reason to allow the insurance company for the first time to contest the merit of the award even based on undisputed position of accident because of mechanical defects of the vehicle. ..... as liability of the incident as well as of the accident, is basically against the owner and not against the insurance ..... however, submitted that the accident caused because of mechanical fault, and there was no case of any negligence by the deceased driver .....
Tag this Judgment!Court : Mumbai
Reported in : 1(1989)ACC509
..... although cw 5 gaonkar, who happens to be the police officer who investigated the case, stated that his investigation has not disclosed any accident, the fact remains that there are other pieces of evidence that the learned judge ought to have considered before recording his findings in the first place, there is the evidence of the appellant himself ..... this appeal is directed against the judgment dated 31st january, 1985, whereby the learned presiding officer of the motor accident claims tribunal, margao, dismissed the application for compensation filed under section 110-a of the motor vehicles act by ..... that there was any collision of the vehicles, he added that he came to know about the accident only when a cyclist who was following his pick-up made him to stop after the bus went ..... view that in the present case, the appellant had not stated in his examination-in-chief that the accident had occurred due to the rash and negligent driving of the vehicles by the respective owners. ..... held the view that the evidence adduced by the appellant was not satisfactory and that it was disclosing on the contrary, that the accident had taken place due to the exclusive fault of the appellant. ..... taken together with the evidence adduced by the appellant, conclusively establishes that there was an accident, and as a result of such accident, the appellant sustained the injuries described by dr. ..... appellant was 35 years old at the time of the accident and he, admittedly, was working as an accounts clerk in .....
Tag this Judgment!Court : Mumbai
Reported in : II(1988)ACC353; (1988)90BOMLR144
..... driver in his control of the vehicle, carrying more than one million rider and the duty to stop the vehicle and remain stationery when required by the police officer or when the vehicle is involved in the accident, the duty to give information when the driver or the conductor of the vehicle is charged of any offence under the act, the duty imposed on the driver of the vehicle or the person in charge of it to take ..... rajendra 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 place under ..... 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 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 was solely of ..... basis of 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 place. ..... in this view of the matter it cannot be disputed that the place where the present accident occurred was a public place within the meaning of section 95 we, therefore, allow the appeal, set aside the decision of the tribunal and hold that the 1st respondent insurance company is equally liable to pay .....
Tag this Judgment!Court : Mumbai
Reported in : II(1995)ACC159; 1995ACJ1106; 1995(3)BomCR295; (1995)97BOMLR771
..... claimants witness - edward rodrigues has deposed that at the time of the accident, the bus came to an halt near the bus stop, which was about 10 to ..... the tribunal, in its award, in para 38, clearly observed that the accident occurred after the deceased alighted from the bus in which she was travelling as ..... , there is no substance in the contention of the appellant that the respondent was not a passenger as he had only attempted to board the bus at the time the accident happened and accordingly the insurer should be held liable........ ..... he attempted to board the bus at the time of the accident and the court held that when he was about to board he could not be a third party vis-a-vis ..... instead of stopping at the above destination had proceeded further and the accident had occurred causing injuries to the deceased. ..... she had became a pedestrian when the accident occurred, and in that light, the tribunal proceeded to ..... he also described the manner in which the accident took place, and according to him, the lady had put her one foot out of the bus and the ..... this, the learned advocate for the kadamba transport corporation cited transport and accident cases, 1994 1 214, in the case of, m/s. s.m. ..... 1988 is preferred by the insurance company against the finding of the motor accidents claims tribunal in claim petition no. ..... and she saw the lady putting out one foot on the ground and in her attempt to put another foot out of the bus, the bus started and there occurred the accident as stated above.13. .....
Tag this Judgment!Court : Mumbai
Reported in : [2000(85)FLR182]; (2000)ILLJ1251Bom
..... this could have been done by the commissioner even in the absence of a medical certificate as the applicant has in clear terms on oath stated that he met with an accident during the course of his employment while working and his two fingers of left hand were required to be amputated. ..... even assuming that the medical officer was not examined, the fact remains that the applicant had stated on oath the date, time and place of the accident and the nature of the injuries which he sustained and that he lost his two fingers of left hand. ..... in the aforesaid facts when the oral evidence adduced by the applicant himself speaks for the accident and permanent partial disability, the findings recorded by the learned commissioner cannot be sustained and the same are required to be quashed and set aside and perverse. ..... according to me, therefore, the learned commissioner's finding that the applicant has not proved that he met with an accident on march 13, 1980 (march 17, 1980) which arose out of and during the course of his employment. ..... he has further averred in the application that on march 1, 1980 when he was on duty he met with an accident during the course of his employment and his ring finger and little finger of his left hand were injured. ..... this evidence of the applicant is more than enough to establish the fact that the applicant was injured on account of an accident during the course of and arising out of his employment with the opponent no. 1. .....
Tag this Judgment!Court : Mumbai
Reported in : 1996ACJ422
..... set out by the insurer in its written statement was that the driver of the truck was driving the truck in normal speed on the left side of the road and the accident occurred because of the negligence of the motor cycle rider inasmuch as the motor cycle was being driven by jalandar gopal gaikwad with fast speed and he gave dash to the truck ..... tribunal after recording the evidence and hearing the counsel for the parties reached the conclusion that the truck mhq 2413 at the time of accident was driven rashly and negligently by driver and as a result of which jalandar gopal gaikwad and shrirang gopal waghmale died. ..... since the rider of the motor cycle as well as the pillion rider died in the accident instantaneously, the claimant obviously could not lead any direct evidence and in the circumstances looking to the place of the accident and position of the truck, obviously the burden on the applicants to prove rash and negligent act of the driver is prima facie discharged and shifted to the opponents to dislodge ..... immediately after the truck driver crossed the bridge on krishna river, about 1 furlong away, the accident took place between the truck and the motor cycle resulting in instantaneous death of jalandar gopal gaikwad who was driving the motor cycle and shrirang gopal ..... of the driver, the panchnama and the situation at the place at which the accident occurred, it is to be found out whether the accident occurred because of rash and negligent driving of the driver of the truck or not .....
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