Judgment Search Results Home > Cases Phrase: accident Court: mumbai Page 2 of about 39,532 results (0.032 seconds)

National Insurance Company Ltd. Vs. Chaitali Samir Parekh (Widow of th ...

Court : Mumbai

..... having perused the record and the impugned judgment, we are not inclined to interfere with the finding of the learned tribunal holding that the accident was caused due to the composite negligence of the driver of the tata sumo jeep and the wagon-r car as also the apportionment of the negligence as 70:30 ..... it was also contended that the deceased was removed from the car after about one and half hours from the accident and the death cannot be directly attributed, to the injuries suffered as valuable time was lost, before the deceased could ..... the case of contributory negligence, a person who has himself contributed to the accident cannot claim compensation for the injuries sustained by him in the accident to the extent of his own negligence; whereas in the case of composite negligence, a person who has suffered has not contributed to the accident but due to the outcome of combination of negligence of two or more other ..... chaitali samir parekh, widow of the deceased, filed application no.255 of 2002 before the motor accident claims tribunal at mumbai under section 166 of the motor vehicles act, 1988 (for short, "the act"), claiming compensation of rs.3,00,00,000/- (rupees ..... counsel for the appellant strongly urged that having regard to the manner in which the accident has occurred, no negligence could be attributed, to the driver of the wagon-r ..... the learned tribunal came to the conclusion that the accident occurred on account of the negligence of the drivers of the tata sumo jeep and the .....

Hemant Krishnanath Wadke Vs. Patheja Forging and Auto Parts Manufactur ...

Court : Mumbai

Reported in : II(2005)ACC106; 2005ACJ1202; 2005(2)ALLMR832

..... the supreme court held as under:'(12) in its very nature whenever a tribunal or a court is required to fix the amount of compensation in cases of accident, it involves some guesswork, some hypothetical consideration, some amount of sympathy linked with the nature of the disability caused. ..... 2 was guilty of rash and negligent driving and that when he overtook the truck and caused the accident the car was on the wrong side of the road and the appellant was on the correct side ..... relying upon the panch witness evidence, has held that it is obviously improbable that blood and pieces of bone would happen to lie at the place of the accident, if in fact the appellant was thrown on the bonnet of the car and dragged to the distance of about 30 to 40 feet. ..... out with a totally contradictory and false case which is best exposed by extracting para 2 of the written statement which reads as under:'(2) that this opponent also denies the occurrence of the alleged accident as narrated by the applicant in para 22 of the claim application and also the negligence on the part of opponent no. 2. ..... could be deduced nor any rate of interest can be fixed to have a general application in motor accident claim cases having regard to nature of provision under section 171 giving discretion to the tribunal in such ..... according to us, as the appellant was an advocate having good practice in different courts and because of accident he has been crippled and can move only on wheelchair, the high court should have allowed a .....

The New India Assurance Company Limited and Others Vs. Sunil Parsharam ...

Court : Mumbai

..... driver of the said vehicle lost control over the same, as he was driving the vehicle at high speed, in a rash and negligent manner, resulting in the vehicle turning turtle ; that pursuant to the accident, an fir came to be registered as against the respondent no.5 - driver of the vehicle, which was registered vide c.r.no.6 of 2009 with the dehu road police station ; that as a result of the ..... accident, ujwala sustained serious injuries and died on the spot ; that his wife ujwala was aged 44 years ; was a strong and stout women ; that she had completed her post graduation ..... 2) has taken exception to the judgment and award dated 9th may, 2014, passed by the learned member of the motor accident claims tribunal, islampur, sangli, by which the respondent claimants were granted compensation of rs.49,02,216/- with interest @ of 6% per annum from the date of filing of the claim petition ..... respondent nos.1 to 3 filed a claim petition in 2009, under section 166 of the motor vehicles act in the motor accident claims tribunal, and sought compensation of rs.85,00,000/- respondent nos.4 and 5 (original opponent nos.1 and 3) contested the claim and filed their written ..... nos.4 and 5, the respondent no.5 had a valid licence at the time of the accident and had driven the vehicle cautiously with due care and caution. .....

The Tata Hydro-electric Power Supply Company Limited and Others Vs. Pr ...

Court : Mumbai

Reported in : 1999(3)ALLMR504; 1999(4)BomCR566

..... out that, in comparison to these extremely unlikely and improbable events, serious damage being caused to the petitioner plant from a lightening strike was much higher at 10e-7 per year (once in a ten million years) or from an accident at the nearby nuclear power station could be 10e-7 per year (once in ten million years) or from a falling aircraft would be 2 x 10e-8 per year (once in 50 million years), the probabilities of these events ..... 's report is that, without taking into account the probability of any such catastrophic accident, the report concludes that there was a possibility of damage to the petitioners' power station in the event of (a) rupture ..... its estimation the probability of the 'worst case scenario' (occurrence of a catastrophic accident and total loss of containment) was negligibly low, the a.e.r.b. ..... first considered whether there was any possibility of a catastrophic accident occurring to the storage tanks or the pipeline having regard to the design of the plant (double walled cryogenic low pressure facility, built and installed ..... walled cryogenic low pressure facility built and installed as per bs 7777 standards and had several inbuilt safety systems, the first question that aerb addressed itself to was the probability of catastrophic accidents occurring to the storage tanks or the pipeline. ..... it also does not indicate whether a catastrophic accident of the magnitude contemplated by the petitioners in a credible/possible scenario keeping in mind the design .....

Brihan Mumbai Municipal Corporation Vs. General Secretary, Best Worker ...

Court : Mumbai

Reported in : 2002(3)BomCR444; [2002(95)FLR660]; 2002(2)MhLj785

..... another material on which the enquiry officer has placed reliance is the report of the accident reporter, an employee of the undertaking, whose duty appears to be to reach the spot of accident and record the statement of the concerned driver/conductor and any other witnesses if available. ..... it cannot be said that the said senior inspector of police had imagined that some accident had taken place and that the said constable was lodging the fir. ..... since the said constable was on duty at the time of the occurrence of the accident and since he had immediately gone to the police station to report the incident, the said material had rightly been believed by the enquiry officer though the very same police constable had retracted from ..... the enquiry officer has not believed this version and according to me, rightly so, as the rickshaw driver claims to see the whole accident from his side mirror, which could not be of a very large size. ..... even the conductor had made a statement before the said accident report that the driver was not driving properly but he was driving in a zig zag manner. ..... 20(j).it appears that the said driver did not submit his written explanation to the charge sheet to explain the circumstances of the accident and to admit or deny the charges levelled against him. ..... the fir recorded by the senior police inspector, accident reporter's report, absence of story of the rickshaw driver except at the time of enquiry, absence of the story of the cyclist knocking down the girl etc. .....

A.R. Subarao and anr. Vs. Shalini Hanumant Sinkar and ors.

Court : Mumbai

Reported in : 3(2005)ACC622

..... according to her, the truck driver had in every way tried to avoid the accident and had in fact swerved the truck to the left side of the road in order to avoid the collision. ..... obviously, therefore, the truck driver must not have braked in order to avoid the accident but proceeded in the same speed and merely swerved to the left. ..... she, therefore, submits that the proportionality of the claim for the accident could not be joint and several and the truck driver ought to be absolved of all liabilities. ..... the respondents' claim that it was on account of the rash and negligent driving of the drivers of both taxi as well as the truck that the accident had occurred which resulted in the death of hanumant sinkar.4. ..... sonawane, appearing for respondents, submits that the accident was not attributable to the deceased, as they were mere passengers in the taxi and could not be saddled with any blame. ..... the present first appeal arises out of the award of the motor accident claims tribunal granting compensation to the respondent-claimants. ..... agarwal and had come head-on in the path of the oncoming truck, there was sufficient time for the truck driver to avert the accident by braking and then swerving to the left. ..... it appears that the defence of one of the drivers was that he was not responsible for the accident as he had kept to the extreme left. ..... the tribunal held that both the drivers had driven their vehicles rashly and negligently resulting in the accident and the death of hanumant sinkar. .....

Shri Jayawant Yeshwant Walawalkar Vs. Shri V.P. Shanmugam and Another

Court : Mumbai

Reported in : 2002ACJ1419; 2000(4)ALLMR500; 2000(4)BomCR654

..... it may be noted that the appellant's version in the examination-in-chief about the manner in which the accident in question has practically gone unchallenged since there was no effective cross-examination about the facts stated by him ..... tribunal upon consideration of the evidence, did not accept the appellant's case that the accident had taken place on account of rash and negligent driving on the part of the truck driver ..... vinod kumar bhatnagar and others, : air1984all344 , wherein the facts were that in an accident which took place in 1962, the respondent sustained severe injuries which resulted in amputation of his right arm ..... the material question which is required to be considered is whether the appellant has succeeded in proving that the accident in question took place on amount of rash and negligent driving of the truck driver. ..... which is an insurance company and with whom the offending truck was insured, filed its written statement and denied that the accident in question had taken place in the manner alleged by the appellant. ..... there is no dispute of the fact that because of the accident and subsequent treatment the appellant could not attend his duty and therefore, he had to lose his salary for a period of six ..... the appellant had to lose his right arm in the accident, his company continued his service on compassionate ground. ..... it is also not in dispute before us that in the said accident, the appellant sustained severe injuries, as a result of which his right arm required to be .....

S.N. Kedare Vs. Ceat Tyres of India Ltd., Mumbai and anr.

Court : Mumbai

Reported in : [2001(91)FLR922]; 2002(2)MhLj359

..... the first and primary finding which has been arrived at by the industrial court in the present case is that the accident had not taken place at all and it is on that basis that the court has come to the conclusion that the claim of the workman was liable ..... but even if the employer was justified in not accepting the plea of the workman that he had met with an accident during the course of employment, the workman could not have been compelled to work on a reduced wage on an ..... position, if the case of the employer was that the incapacity on the part of the petitioner was not due to the accident which he had suffered, but was entirely as a result of a pre-existing ailment dating back prior to the date of the accident, then some medical evidence ought to have been forthcoming on the part of the employer to that effect. ..... , 1982, the petitioner wrote a letter to the vice-president (manufacturing) of the first respondent recording the circumstances in which he had met with an accident on 11th may, 1982 and requesting the employer to allot to him work of a 'light nature' in any other department. ..... 12th to 17th may, 1982 under the belief that he had actually met with an accident whilst on duty, but when the records relating to the petitioner were scrutinized, the company had come to the conclusion that the workman was not completely cured of his ailment and that he had falsely alleged that he had met with an accident while on duty on the second day after resumption of work after a long period .....

Oil and Natural Gas Commission, Mumbai Vs. Macqreqor-navire Port Equip ...

Court : Mumbai

Reported in : 2002(1)BomCR278; 2002(3)MhLj313

..... the learned single judge held that the finding recorded was by importing personal knowledge and, therefore, the arbitrator had travelled beyond his jurisdiction.insofar as the delay due to accident which occurred during the lowering section of the link span, the learned single judge held that the issue before the arbitrator was the contention of negligence, but instead of answering that issue the ..... officer (time being the essence of the contract) of within such extension of the said completion period as may be allowed by the engineer in writing, provided that should the progress of the work be delayed by strikes, lockouts, fire accidents or any cause beyond the reasonable control of the contractor or due to any variation ordered the engineer a reasonable extension of the completion period shall be granted by the engineer..... ..... this court while accepting the respondents challenge on that count held that the issue argued before the learned arbitrator was that the petitioners were not negligent and the accident was beyond their reasonable control, while the contention of the petitioners was that the respondents were guilty of negligence. ..... on 5th january, 1987 the respondents were entitled for extension and the period excluded.insofar as the accident is concerned, it was held that the respondents were entitled for extension as their case was covered by clause 20.1 of the contract as it fell within the clause 'beyond reasonable control'.the learned arbitrator then considered the .....

Shipping Corporation of India Vs. Himatlal Sewai Solanki

Court : Mumbai

Reported in : 2006ACJ2416; 2006(3)ALLMR123; [2006(109)FLR541]; 2006(2)MhLj333

..... (emphasis supplied).the court ruled that though the onus of proving that the injury by accident arose both out of and in the course of employment rests upon the applicant these essentials may be inferred when the facts proved ..... sub-section (1) of section 3 of the act provides insofar as is material, that if a personal injury is caused to a workman by accident arising out of and in the course of his employment, the employer is liable to pay compensation in accordance with the provisions of chapter ii ..... the deceased was not suffering from any previous heart disease is, to my mind, a stronger case and in such circumstances if he suddenly gets a heart attack while proceeding to perform his duty, the accident can be another but arising out of his employment.in divisional controller, n.e.k.r.t.c. ..... then was) speaking for a division bench noted :three expressions used therein are material : (i) personal injury, (ii) accident and (iii) arising out of and in the course of employment. ..... held that in order to sustain a claim under the act, 'the injury by accident must arise both out of and in the course of employment'. mr. ..... singh (as he then was) formulated the principles thus :(a) 'accident' means an untoward mishap which is not expected or designed ..... the view that within the meaning of sub-section (4) of section 3 of the act, the respondent was entitled to compensation since the disease was directly attributable to a specific injury by an accident arising out of and in the course of his employment. .....