Court : Mumbai
Reported in : I(1985)ACC85; [1985]58CompCas58(Bom)
..... these three appeals arise out of the same accident and are being disposed of the by this common judgment since the material facts are common. ..... on these pleadings and the evidence on the record, the tribunal held that the fact that the said 35 persons were travelling in the truck at the time of the accident was established; that respondent no. ..... 6 is the owner of the truck which met with the accident in question and respondent no. ..... 1012 of 1980 arises out of an application for claim made by the heirs and legal representatives of one of the victims of the accident while appeal no. ..... will not be used for a purpose not allowed by the permit under which the vehicle is used, where the vehicle is a transport vehicle no sum shall be payable by the insurer in respect of the liability arising out of the accident. ..... 1013 of 1980 arises out of the application for claim made by the heirs and legal representatives of another victim of the accident. .....
Tag this Judgment!Court : Mumbai
Reported in : 1965(67)BLJR735; [1966(12)FLR345]; (1965)ILLJ554Bom; 1966MhLJ220
..... was in fact dead, that the death, if any, was not caused in the course of the employment, that in any event the death could not be said to have been caused by an accident which arose out of employment and that the probabilities were more consistent with a suicidal death than with an accidental death. 5. the parties did not lead oral evidence at the trial of the claim ..... . on the factual aspect of the case, lord tomlin took the view that the findings of the arbitrator would justify the inference that at the time of the accident the deceased was traveling in the railway carriage in the course of his employment, 'subject to the inherent risks, slight though they may ordinarily be, of falling from the carriage through insecurely ..... has also discussed, in his concurring judgment, leading cases on the subject of unexplained deaths and expresses his view by saying that 'if the accident is shown to have happened while the deceased was in the course of his employment and at a place where he was discharging the duties of his employment and the accident is capable of being attributed to a risk which is ordinarily inherent in the discharge of such duties, the arbitrator is entitled to ..... warrington, lord tomlin, lord russel and lord wright concurred, observes in his speech that if the county court judge were to hold, on a consideration of the evidence, that the accident did not arise out of the employment of the deceased, it would have been impossible for the house to interfere with that decision .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1952Bom382; (1952)54BOMLR421; ILR1952Bom1048; (1952)ILLJ1Bom
..... again, if a workman were operating upon a machine, and while at work he got personal injury, there is no difficulty in saying that the injury received by him is as a result of an accident arising out of his employment.if, on the other hand, an employer were to send his employee to a post office to post his letters with a direction to go on foot, and instead of obeying the direction, the employee were to go to a stable of the ..... 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.the expression 'arising out of his employment' suggests both the time as well as the place of employment. ..... 136: '......the appellant was injured because she happened at the moment of the accident to be working in the shed where she was employed to work, and i think that, unless authority constrains us to hold the contrary, the act ought to be construed as signifying that an accident such as this comes within the class against which she is insured. ..... it is apparent that two conditions are required to be satisfied, that is, (1) personal injury must be caused to a workman by accident arising out of his employment, and (2) it must be caused to him in the course of his employment. ..... the test laid down in that case is as follows:'the question as to whether the accident arose out of the employment cannot be determined on any general view of facts. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1968Bom187; (1967)69BOMLR407; ILR1967Bom484; (1967)ILLJ610Bom; 1967MhLJ758
..... lord tomlin's observations to the following effect : (page 745_ - 'now, my lords, from these passages to which i have referred i think this rule may be deduced for application to that class of cases which may be called unexplained accident cases - namely, that where the evidence establishes that in the course of his employment the workman was properly in a place to which some risk particular thereto attaches and ..... quite early in the case law on the subject two lines of authority began to emerge, amongst many others, the first being where the personal injury to the workman was caused by an accident resulting from the forces of nature; the second being where the personal injury arose from the ordinary risks incurred by the workman when in a street or public place. ..... 357)- 'it is true that when we deal with the effect of natural causes affecting a considerable area, such as severe weather, we are entitled and bound to consider whether the accident arose out of the employment or was merely a consequence of the severity of the weather to which persons in the locality, and whether so employed or not were equally liable. .....
Tag this Judgment!Court : Mumbai
Reported in : III(2004)ACC489; 2004ACJ2009; 2004(2)MhLj1069
..... taking into consideration the explanation to section 165 and also the provision contained in section 165 of the motor vehicles act which provides for filing of application for compensation arising out of an accident of the nature specified in sub-section (1) of section 165, it is crystal clear that when appeal under section 173 sub-section (1) is preferred against the passing of the award or dismissal of claim for compensation, the ..... to section 165 sub-section (1) of the motor vehicles act, 1988 is to the effect that for the removal of doubt it is hereby declared that the expression 'claims for compensation in respect of accidents involving the death or bodily injury to persons arising out of use of motor vehicles,' includes claims for compensation under section 140 of the motor vehicles act arising out of use of motor vehicles, includes claims ..... a reference is also necessary to section 165 of the motor vehicles act, 1988, wherein it is provided that motor accident claims tribunal have been constituted for the purpose of adjudication upon the claims for compensation is respect of accidents involving the death, of, or bodily injury, to the persons arising out of the use of motor vehicle, or damages to any property of third party, so arising ..... treatment is consistent with the theory put forth by the respondent that in the process of pulling the motorcycle the accident took place when the rope gave way and appellant sustained injury as a result of falling from the motorcycle. .....
Tag this Judgment!Court : Mumbai
Reported in : (1983)34CTR(Bom)41; [1983]142ITR57(Bom); [1983]13TAXMAN524(Bom)
..... . in view of the position of law discussed above and our finding with regard to the nature of the right of the deceased to compensation under the personal accident insurance (group) policy, it must necessarily follow that the deceased was possessed of property which he was at the time of his death competent to dispose of and it must, therefore, be deemed to pass on his death within the meaning of s ..... the employer wanted to safeguard itself against a possible claim by an employee, who had suffered an accidental injury, or the legal representatives of the employee, who had met with accidental death, would mean that what is expressly a personal accident insurance policy is to be equated with an employer's liability insurance policy on the footing that it was a contract of indemnity which, on the face of it, the present is not ..... . that was also a case in which the father of the deceased who was nominated as a beneficiary under two policies of personal accident insurance had received moneys as the decision before the gujarat high court was whether the amounts were liable to estate duty under ss ..... . the division bench of the madras high court in that case has taken the view that in the case of a personal accident policy, the property is not the policy but the ultimate money that is paid and that shall be deemed to as on the death of the deceased because of his competency to dispose of the same by will and the holder of .....
Tag this Judgment!Court : Mumbai
Reported in : (1976)78BOMLR106
..... the honourable high court after considering all these facts have held that the defendant was not responsible for the accident, but in act the defendant tried his best to avoid the accident and in view of the aforesaid finding, the honourable high court was pleased to acquit the defendant and ..... witnesses for the plaintiffs are (1) sub-inspector ponkshe, who arrived at the scene of the accident after the deceased, who had been injured, had already been removed to hospital in a ..... is to be noticed that thirteen years have already elapsed since the date of the accident and the dependents of the deceased have not received anything for all this period of ..... shetty, sister's son of the deceased, who arrived at the scene of the accident almost immediately while the deceased was in an unconscious state and was still lying ..... a perusal of the plaint clearly shows that the claim is under section 1a of the fatal accidents act, 1855, and that although section 2 of the said act provides that a claim for loss to the estate of the deceased can be inserted, such a ..... now, we will assume that the speed of the jeep just before the accident was not more than 26 to 27 miles per hour and looking at the brake-marks of 40 feet on the road and deducting there from the length of the jeep, we will assume ..... the defendant must either show what was the cause of the accident and that the result of that cause was inevitable or that he must show all possible causes and with reference to every one of such possible causes that .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1967Bom27; (1965)67BOMLR534; 1967CriLJ155; ILR1966Bom154
..... would be clear that even though he did not make any detailed enquires he had obtained such information as he could, such as the time when the accident, occurred & he could not make any further enquiries because the persons who were injured in the accident were lying in the hospital and their statements could not have been obtained till the 31st of may 1961, till which time they remained in the ..... gambhirwala, who appeared for the state, contended that although all the particulars had been known to deshpande, on the date of the accident, the requirement of the notification that the notice must be in writing must be treated to be a mandatory provision since the notification is under a provision of a statute which provides for safety of the public and the workmen ..... energy in or in connection with, any part of the electric supply-lines or other works of any person and the accident results or is likely to have resulted in loss of human or animal life or in any injury to a human being or an animal, such person shall give notice of the occurrence and of any such loss or injury actually caused by the accident, in such form and within such time as may be prescribed to the electrical inspector and to such other authorities as ..... the other allegation was that in the inquiry which was made after the accident relating to the causes of the accident it had transpired that the accident was due to the fact that the apparatus of receiving electric supply was not maintained in accordance with the .....
Tag this Judgment!Court : Mumbai
Reported in : [1997(75)FLR910]; (1998)IIILLJ1021Bom
..... the case of the petitioner that the personnel manager of the company shri vijay kumar on october 6, 1992 advised the petitioner to resume duty with an assurance that the question of payment of accident benefit would be settled later and so by relying on the assurance made by the personnel manager, the petitioner resumed duty and until february 1993, the petitioner was given light work in the lubrication ..... it is the contention of the petitioner that the act of the respondents in not providing him light work in the factory and failure to give accident benefit/ compensation for the period of his absence from working in accordance with cause 10-a of the settlement dated september 28, 1993, amounts to unfair labour practice under items 4(f) of schedule ii and items 9 and 10 of schedule iv ..... petitioner made several requests and had several discussions with the management of the respondent-company on his own and through the trade union and requested the company to grant him accident benefit and was assured in the matter and therefore, he did not rush to the court. ..... shamim gandhi told the petitioner to forget about his demand for accident benefit and promised the petitioner to give light work which the petitioner refused and therefore, he was made to sit for 8 hours of the day in the time office without giving any ..... behalf of the petitioner that the petitioner made representation through the trade union for payment of the accident benefit and resumption of duty in the respondent's company. .....
Tag this Judgment!Court : Mumbai
Reported in : 2003ACJ1458; 2003(1)MhLj68
..... with a case of negligence of the car driver the burden to prove that the car driver was negligent is rest on them but he contend that the heirs of the deceased are not the eye witnesses to the accident and it is not expected from them that they should produce the evidence in such circumstances principle of 'res ipsa loquitur' is to be followed and the burden to prove even the negligence of car driver is on the ..... on the kaccha strip of the road beyond the tar road, and that therefore, the truck definitely was not either on the wrong side or in the centre of the road, and therefore, when the accident took place the car must necessarily have been on its wrong side and that could be only possible if the car driver was trying to overtake some vehicle in front of the car. ..... the truck had actually fallen down on the ground on the road and was resting on the suspension, and therefore, the truck, after accident, must have necessarily stopped on the place of accident itself and actually could not have even travelled any distance further, so as to conclude that after the accident the truck might have been swerved to the left side of the road and taken to the kaccha portion of the road so as to ..... the learned counsel pointed out that front wheel of the truck were separated due to impact and the truck stopped on the spot of accident but the car in which the unfortunate persons were travelling went behind the truck and stopped there, that shows that the truck has gave dash to the car and not .....
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