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. .....
Tag this Judgment!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 : 1993ACJ291; 1993(1)BomCR654; (1992)94BOMLR668
..... instant case admittedly the insurance company has not discharged the burden of proving that the owner of the vehicle involved in the accident had wilfully and deliberately placed the vehicle in the hands of an unlicensed driver even assuming that the evidence on record suggests that ..... , arises only when the vehicle is driven by the insured or by any person with his permission and the accident is caused due to the fault of the insured or of the person who was actually driving the vehicle with the ..... cause or allow any servant of the repairer also who is engaged in the work of repairs to use the vehicle for the purpose of or in connection with the work of repairs and when this happens and an accident occurs due to the negligence of the repairer or his employee the insurer becomes liable to pay compensation. ..... 's case is that they also were not liable to pay compensation on account of the accident because at the relevant time the jeep which was handed/over to them by respondent no.1 ..... learned tribunal after recording evidence gave the findings that the accident had been caused due to the rash and negligent driving ..... , who was the owner of the vehicle involved in the accident, respondent no.2 one vasant kutty who was actually driving the vehicle which met with an accident, respondent no.3 which is the insurance company of the vehicle, ..... of both the appeals filed against the award of the learned member of the motor accident claims tribunal, panaji, dated 30th september, 1987 in claim petition no. .....
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 : 2008(5)ALLMR757; (2008)110BOMLR2919
..... said act and engaged in and open the service of the insured at the time such injury is sustained whilst mounting into dismounting from or traveling in but not driving the motor car and caused by violent accident external and visible means which independently of any other cause shall within six calendar months of the occurrence of such injury result in death only...100% compensation. ..... : (2005)12scc243 the supreme court held that the insurance company was not liable to pay compensation on the death of gratuitous passenger in the truck when it met with accident but the claimants are entitled to recover the amount of compensation granted by the tribunal from the owner of the vehicle.57. ..... it reads thus:95(2) subject to the proviso to subsection (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 fifty thousand rupees in all, including the liabilities, if any, arising under the workmen's compensation act, 1923, in respect of ..... submitted that endorsement imt 5 on which reliance is placed by learned single judge pertains to 'accidents to unnamed passengers other than the insured and his paid driver or cleaner'. ..... submitted that section 110 of the said act conferred upon the tribunal jurisdiction to adjudicate upon claims for compensation in respect of accidents involving the death of or bodily injury to and/or damage to any property of third party. .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(1)BomCR1
..... before the tribunal the learned counsel appearing for best fairly conceded that the petitioner has established that the accident has taken place on 7th april, 1999 due to which he has sustained injuries for which he was treated in sion hospital and thereafter in somaiya ..... by this petition, the petitioner is seeking to challenge the order of the motor accidents claims tribunal, mumbai dated 5th february, 2001 dismissing the petitioner's application under section 140 of the motor vehicles act, ..... the panchanama and the first information report will show whether the accident had arisen out of the use of the motor vehicle in ..... further, in what are known as 'hit and run accidents, by reason of the identity of the vehicle involved in the accident not being known, the persons affected cannot prefer any claims for ..... tribunal is thus not required to hold an elaborate trial for adjudicating the claim under section 140 and the panchanama and first information report or station diary are sufficient to show whether the accident had arisen out of the use of the vehicle in question. ..... the provisions of the act as to compensation in respect of accidents can be availed of only in cases of accidents which can be proved to have taken place as a result of a wrongful act or negligence on the part of the owners or drivers of the vehicles ..... last three years, the number of road accidents per year on the average has been around 1.45 lakhs and of these the number of fatal accidents has been around 20,000 per year. .....
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. .....
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