Court : Mumbai
Reported in : 1996ACJ788
..... kotak, learned counsel appearing for the respondents, while opposing this appeal and that too with vehemence says that the earliest version of the accident truly came in the claim petition when the appellant had clearly averred in the claim petition that there was no dash or collision between the truck and the scooter driven by the appellant, ..... kotak also points out that the story of collision is an afterthought being clear from several other circumstances, the first of which is that though the accident took place at thane creek bridge which was clearly within the jurisdiction of turbho police station, statement of the appellant was recorded by the police attached to the tilak ..... the tribunal came to the conclusion that the appellant failed to prove the story of the accident as also to adduce cogent evidence in support of his case on the ground that the appellant has himself averred in his claim petition that the truck driven by govind and belonging to ..... otherwise asserted that the appellant was riding scooter on the right lane and going by his own case, it is possible that he met with an accident on his own doing and that way was thrown on the divider. ..... believed that out of the persons gathered when he had become the victim of the accident, one of them had noted down the number of the truck of respondent no ..... tribunal held that even if it were to accept the theory and case of the appellant that the appellant suffered accident on 12.2.1985 the appellant could be awarded only a sum of rs. .....
Tag this Judgment!Court : Mumbai
Reported in : (1996)98BOMLR562
..... kotak, learned counsel appearing for the respondents, while opposing this appeal and that too with vehemence says that the earliest version of the accident truly came in the claim petition when the appellant had clearly averred in the claim petition that there was no dash or collision between the truck and the scooter driven by the appellant, ..... kotak also points out that the story of collision is an afterthought being clear from several other circumstances, the first of which is that though the accident took place at thane creek bridge which was clearly within the jurisdiction of turbho police station, statement of the appellant was recorded by the police attached to the tilak ..... the tribunal came to the conclusion that the appellant failed to prove the story of the accident as also to adduce cogent evidence in support of his case on the ground that the appellant has himself averred in his claim petition that the truck driven by govind and belonging to ..... otherwise asserted that the appellant was riding scooter on the right lane and going by his own case, it is possible that he met with an accident on his own doing and that way was thrown on the divider. ..... believed that out of the persons gathered when he had become the victim of the accident, one of them had noted down the number of the truck of respondent no ..... tribunal held that even if it were to accept the theory and case of the appellant that the appellant suffered accident on 12.2.1985 the appellant could be awarded only a sum of rs. .....
Tag this Judgment!Court : Mumbai
Reported in : (1996)98BOMLR873
..... therefore, the contention that the present court fee levied on the petitions before the motor accident claims tribunal do not satisfy the principle of quid pro quo and it does not proportionately give advantages to payer of fee are not sustainable in view of the aforesaid propositions of law laid down by the supreme court.7. ..... kantak, learned advocate argued that the hardship of the claimants who approach the motor accident claims tribunal, who in most cases have lost their bread winners of the family, cannot be made to be burdened with large amount of fees. ..... evidently, salary and expenses for maintenance of the motor accident claims tribunal is comparatively larger than the collections made towards the fees by the claims tribunal. ..... as the district and sessions court is designated as motor accident claims tribunal, it involves the expenditure of the district and sessions judge also. ..... if section 165 was not there and motor accident claims tribunal had not been established, the petitioner would have filed a suit for damages, of course without any liability of making payment of court fee. ..... therefore, it is a clear case of discrimination that the accident claims alone have been singled out for a different treatment from that of other civil disputes ..... another line of argument of the petitioner is that but for section 165 of the motor vehicles act and the rules made thereunder, all claims for compensation and damages on account of motor accidents will lie in ordinary civil courts in torts. .....
Tag this Judgment!Court : Mumbai
Reported in : 1993ACJ165
..... 65 and 67, the plea of guilty pleaded by the driver of the truck and oral evidence led by the parties, came to the conclusion that the said truck was involved in the accident, the accident occurred on account of rash and negligent driving of the driver of the truck as well as the driver of the bus. ..... 1 to 3 has no doubt become final, but it is necessary to take short resume of how accident took place, since liability is held to be joint and several with the liability of the driver of the bus and his employer ..... state road transport corporation 1985 acj 228, it is held that the application for compensation under the motor vehicles act cannot be dismissed only on the ground of absence of specific plea of negligence when details of the accident are given, because the question of rashness and negligence is an inference to be drawn from the circumstances leading to the accident, the manner in which the accident occurred and other relevant facts. ..... column 8 refers to the place, date and time of accident and column 22 refers to the other information that may be helpful in the disposal of ..... the evidence of these witnesses it is clear that the accident took place near village ambhora on a national highway. ..... above is the basic case of the petitioner before the motor accidents claims tribunal, akola, wherein he lodged a claim for rs. ..... their further common stand is that the accident took place because of the negligent act of the petitioner in taking out his body and hand out of the window of the .....
Tag this Judgment!Court : Mumbai
Reported in : 1993ACJ1048
..... he has failed to take the necessary care and has caused the accident while the respondent was not rash or negligent in driving the taxi.11. ..... a contention was raised on behalf of the insurance company that the said accident had taken place in a private place and not in a public place. ..... it may be noted that admittedly the respondent became unconscious after the accident and, therefore, he was taken to the hospital. ..... the said judgment and order dated 22nd october, 1982, passed by the learned member, motor accidents claims tribunal, greater bombay, bombay, in application no. ..... further, after the accident, a notice was given to the concerned officer of the appellant from bombay central depot which is marked at exh. ..... he picked up a passenger and took him to dadar and was returning when the accident had taken place. ..... the learned advocate for the appellant then submitted that the respondent was drunk at the time of accident and the same has caused the accident. ..... the accident took place causing death of one balappa because the truck entered a private field where balappa was looking after the sugarcane crop. ..... evidence of the respondent that he was not driving throughout night and had parked the taxi near the ambassador hotel, it is not possible to hold that the tiredness of the respondent was responsible for the accident.7. ..... he submitted that the evidence on record clearly establishes that the respondent was guilty of rash and/or negligent driving of the taxi and was responsible for the accident. .....
Tag this Judgment!Court : Mumbai
Reported in : (1997)99BOMLR357
..... eye witness can fail in giving correct account of the accident and human memory may fail to remember but the things speak for themselves and the spot of accident clearly indicate that the bus was driven by defendant ..... the map placed on record clearly speak about the nature of the accident and applying the doctrine of res ipsa loquitur, it is clearly seen that there was negligence on the part of the bus ..... the first column gives the age group of the victims of accident, the second column indicates the multiplier and the subsequent horizontal figures indicate the quantum of compensation in thousand payable to the heirs of the deceased ..... must be realised that the tribunal/court has to determine a fair amount of compensation award to the victim of an accident which must be proportionate to the injury caused. ..... deceased was about 39 years of age at the time of accident and was survived by his wife smt. ..... was going from west to east and at the time of accident was on the centre of the road. ..... the site of the accident is on the left of the centre from east to ..... we turn to the second schedule, we find a table fixing the mode of calculation of compensation for third party accident injury claims arising out of fatal accidents. ..... in the fatal accident case, the damages awarded to the dependents is the pecuniary loss suffered by them as a result of ..... at the time of accident was rs. ..... was working as police constable and ought to have got future increments and promotions from time to time but for the accident. .....
Tag this Judgment!Court : Mumbai
Reported in : 2005ACJ82
..... 'thus the case made out in the deposition of the driver was that when the accident took place it was drizzling and there was a best bus running parallel to his bus moving in the same direction ..... traumatic arthritis means the arthritis caused due to injury which he had sustained in this accident as the applicant was 30 years old when i examined this traumatic arthritis may occur or will occur within ..... counsel appearing for the appellant submitted that from the evidence on record it is very clear that the accident took place only due to negligence on the part of the driver of ambassador car. ..... 1 may not have been removed from his existing employment, the accident not only affected his future prospects of promotion but considering disability suffered by the ..... and particularly the oral evidence on record and the findings recorded by the learned member of the tribunal, i find that the tribunal was not in error when a finding was recorded that the accident occurred due to negligence on the part of the driver of the bus. ..... union of india has taken exception to the judgment and award passed by the motor accidents claims tribunal on 12.1.1990 in a claim petition filed by the respondent no. ..... of the bus applied brakes, as the car was in high speed, collision could not be averted and that left side of the car collided against the bus resulting in the accident and damage to the car and the bus. ..... -examination the driver of the bus stated that at the time of accident there were only three vehicles, viz. .....
Tag this Judgment!Court : Mumbai
Reported in : (1992)94BOMLR556
..... 67-, the plea of guilty pleaded by the driver of the truck and oral evidence led by the parties, came to the conclusion that the said truck was involved in the accident, the accident occurred on account of rash and negligent driving of the driver of the truck as well as the driver of the bus. ..... against the original respondents 1 to 3 has no doubt become final, but it is necessary to take short resume of how accident took place, since liability is held to be joint and several with the liability of the driver of the bus and his ..... road transport corporation, cuttak : air1985ori19 , it is held that the application for compensation under the motor vehicles act cannot be dismissed only on the ground of absence of specific plea of negligence when details of the accident are given because the question of rashness and negligence is an inference to be drawn from the circumstances leading to the accident, the manner in which the accident occurred and other relevant facts. ..... column 8 refers to the place, date and time of accident and column 22 refers to the other information that may be helpful in the disposal ..... evidence of these witnesses it is clear that the accident took place near village ambhora on a national highway ..... above is the basic case of the petitioner before the motor accidents claims tribunal, akola, wherein he lodged a claim for ..... their further common stand is that the accident took place because of the negligent act of the petitioner in taking out his body and hand out of the window .....
Tag this Judgment!Court : Mumbai
Reported in : 1992ACJ833
..... the learned counsel urged that in case due to negligence of the driver of the vehicle the accident occurs, then the liability to pay compensation cannot be avoided, but if the accident occurs due to deliberate intention and voluntary action of the driver of the other vehicle, then the liability ..... as to whether in case the log fell down from the van due to the negligence of the van driver and then an accident occurs to another vehicle, can the van driver be held responsible and the answer was in the affirmative. ..... bandodkar and the alleged transferee volvotkar filed common written statement and resisted the claim alleging that the pick-up van gdz 5642 was not involved in the accident as the said pick-up van was lying in the garage of one naik for repairs at the relevant time. ..... the learned counsel submitted that unless and until the accident was as a result of a collision with the pick-up van the motor accidents claims tribunal could not entertain the claim and remedy, if any, was in the civil court ..... the sub-section empowers the state government to constitute motor accidents claims tribunal for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of motor vehicles cr damages to any property of ..... both the petitions were filed before the presiding officer, motor accidents claims tribunal, south goa, margao and in both the petitions the respondents were the driver gaonkar, owner .....
Tag this Judgment!Court : Mumbai
Reported in : II(2004)ACC863; 2004ACJ1602; 2004(2)ALLMR401; 2004(2)MhLj657
..... the stationary position of both the vehicles soon after the accident is shown in the said panchanama and it would reveal that there was a head-on collision between these ..... learned counsel, for the appellants contended that the tribunal has committed an error in coming to the conclusion that the accident occurred due to negligence of the driver of the st. ..... bus involved in the accident was coming from north side and was proceeding towards the south direction whereas the truck involved in the accident was proceeding from south to north direction and there was a head-on collision between these ..... was wide enough to accommodate both the vehicles and if the drivers would have exercised proper care and skill the accident could have been averted. ..... is directed against the award dated 30-11-1992 passed by the motor accident claims tribunal in claim petition no. ..... common knowledge that both the vehicles involved in the accident are heavy vehicles. ..... it is not disputed that the accident occurred on 19-10-1989 at about ..... reached near the spot of accident, the truck, bearing ..... brief facts are as under:the accident occurred on 19-10-1989 at about ..... on considering the evidence recorded findings that the accident occurred due to rash and negligent driving of both the drivers of the vehicles involved in the accident. ..... came from the opposite direction and there was a head-on collision between these two vehicles, as a result of which laxman and others succumbed to the injuries sustained by them in the accident. .....
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