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 : 2005ACJ1244
..... 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 ..... according to her, the truck driver had in everyway tried to avoid the accident and had in fact swerved the truck to the left side of the road in order to avoid 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. ..... present first appeal arises out of the award of the motor accident claims tribunal granting compensation to the respondent-claimants. ..... 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. ..... 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. ..... appearing for respondents, submits that the accident was not attributable to the deceased. ..... tribunal held that both the drivers had driven their vehicles rashly and negligently resulting in the accident and the death of hanumant sinkar. ..... she submits that the accident had occurred on account of the negligence of both the truck driver as well as taxi driver and this amounts to composite negligence on .....
Tag this Judgment!Court : Mumbai
Reported in : I(1995)ACC184
..... if the claim for compensation made under motor vehicles act, 1939 could not be entertained by the claims tribunal for want of valid cause of action or for want of proof in respect of negligence of the driver causing the accident as alleged under section 110-aa of motor vehicles act, 1939 can never be applied so as to bar the claim for compensation under workmen's compensation act, 1923. ..... the court held that no claim for compensation under motor vehicles act, 1939 could be entertained by the claims tribunal unless the accident had occurred due to actionable negligence of the owner or the driver of the vehicle causing injury or death of third party. ..... in this case, the dependents of the deceased had already made a claim for compensation before the motor accident claims tribunal and the compensation was already awarded by the tribunal to the claimants concerned. ..... even if the deceased was himself negligently driving the tractor leading to the accident in question, the claim for compensation under workmen's compensation act, 1923 may be still maintainable against the employer concerned or against the insurance company if the deceased died as a result of an accident which took place during the course of employment of the deceased. ..... the dependents of the deceased may not be aware about the cause for the death of the deceased and may not be able to prove that the deceased had died as a result of an accident which occurred due to actionable negligence of the owner or the driver concerned. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007CriLJ850
..... and came towards his side, due to which he slowed down his bus, but the said mini bus came and gave a dash on the right side of his bus due to which the accident took place and due to the impact his bus got damaged and passengers from his bus sustained injuries and he sustained injuries on his leg and on his hip. ..... 8 had fairly conceded and stated that he had not stated before the police that the accused was driving the said bus on the date of accident, he too was allowed to be confronted with his previous statement when in the light of his admission there was no necessity of he being confronted with his statement to ..... lobo has submitted that the accused was 24 years of age at the time of the accident and had taken the injured to the hospital and considering the same a lenient view be ..... was travelling in the very bus driven by the accused and had sustained injuries and he has implicated the accused as responsible for the said accident in spite of the fact that he was travelling in the very bus driven by the accused. ..... 5 read with the panchanama and sketch clearly proves that after the accident, the vehicle of rajesh/pw 5 was on right/correct side of the road whilst, the vehicle of the accused was on the wrong side of a road which was more than 6 meters, which would normally allow ..... stated that he had stated before the police (in his statement) that the accused was driving the said bus on the date of the accident and he was confronted with the statement where it was not recorded. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(3)BomCR947
..... and the motor cycle was substantially damaged;(vii) the bus driver had seen the motor cycle from a distance of nearly 60 feet which has been stated in the contemporaneous record, immediately after the accident;(viii) in his initial statement, the respondent had stated that he had not stopped the bus at the bus stop since there were no passengers who were waiting to get into the bus or to ..... court in the course of the order in appeal also noted the nature of the impact; the fact that the road was free at the time when the accident took place and that the driver's side portion of the bus that was driven by the respondent was on the wrong side of the road. ..... taking the facts of a case such as the present for consideration, the driver of the undertaking may have been involved in a serious accident and once it is held that the accident has been caused by an act of gross negligence on his part, it would be manifestly inappropriate for the labour court to hold that the penalty is disproportionate merely on the ground that it was for the first ..... the report of the disciplinary proceedings contained the following findings:(i) at the point of time when the accident took place, both the motor-cycle and the bus were in motion and there was a head-on collision;(ii) at the place of accident, the road was sufficiently wide with a width of approximately 70 feet;(iii) at the time of accident, there were no other vehicles on either side of the road, nor was any part of the road occupied by .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(2)BomCR816
..... labour court says that there is absolutely no material before the enquiry officer and absolutely no jurisdiction for enquiry officer to hold the respondent/driver guilty of the accident, it has found that there is no material on record to hold that the bus was being driven in an excessive speed, as alleged in the charge ..... that during trial two occupants of the jeep were examined by the prosecution and though they were injured in the accident, their evidence also could not establish that respondent/driver was negligent or rash in driving his bus. ..... has further found that the conductor of the bus, whose statement was recorded after the accident, was not examined during the departmental enquiry and no passenger in the bus was also ..... apparent that the learned labour court has evaluated the entire material and thereafter has arrived at a finding that respondent/driver could not have been blamed for this accident and has, therefore, disagreed the findings recorded by the enquiry officer. ..... he stated that he was not at all responsible for the said accident and the sole fault was that of jeep driver, the learned labour court, after appreciation of evidence on record, found that the findings reached by the enquiry officer are perverse and, ..... act and took a defence that at the place of accident, the jeep was coming from opposite direction on wrong side and ..... all these documents do not show the situation leading to the accident and no eye-witness to the accident was examined in departmental enquiry. .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(4)MhLj31
..... 2, the driver of the bus in question was not negligent in driving, but the accident occurred due to the negligence of deceased sanjay himself, and therefore, they were not liable to pay ..... the bus was not kept exactly at the spot of the accident, but was parked on the left hand side of the road ..... the best person who was possible to state about the accident was the driver of the bus - the respondent no. ..... must be noted that the panchanama was not prepared immediately after the accident, but was done on the next day at 13.15 hours i.e. ..... tribunal held that the claimants had not proved that the accident had occurred on account of negligent driving of respondent no. ..... has stated that at the time of the accident, the deceased was visible to him. ..... reason given by the tribunal for coming to the conclusion that the driver of the bus was not negligent was that in the spot panchanama drawn after the accident it was written that the s.t. ..... is a natural eye witness to the said accident and he has stated the manner in which the accident took place. ..... his evidence, navnath has stated that the accident took place on 16-4-1991 at about 10 p.m ..... is the widow and the appellants numbers 2 to 4 are the children of deceased sanjay salunke, who succumbed to injuries arising out of a motor accident, which took place on 16-4-1991. ..... appeal is directed against the judgment and order dated 17-8-2002 passed by the motor accident claims tribunal, latur (for short, 'the tribunal'), dismissing the motor accident claim petition no. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(2)BomCR370
..... , akola, framed the following issues and recorded his findings, which read thus-issues(1) (a) whether the accident in question was caused due to the rash and negligent driving of the drivers of both the vehicles viz. ..... (4) as per final order below.thus, according to the learned member, the accident had occurred due to rash and negligent driving of the driver of the truck no. ..... in order to consider the rival contentions of the parties, it is necessary to bear in mind that the claimants have examined one witness angad jaiswal, who is alleged to be the eye-witness to the accident and there is no other evidence except that of the documents in f.i.r. ..... and the spot panchanama, he held that the accident had occurred due to negligence of the driver of the truck no. ..... 11, however, contested the appeal saying that the accident had occurred only because of the negligent driving of the truck no. ..... it was inter alia claimed that the accident had occurred due to rash and negligent driving of the other truck i.e. ..... it was claimed that the accident had occurred on the road which was of sufficient width and the other truck mtg-8466 was also involved in the accident and the driver of the said truck had not taken any care and with a view to escape his liability, the driver of the said truck had lodged false report. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(2)BomCR434
..... that in view of the fact that the driver of the said truck was negligent in driving the said vehicle because of which the accident had occurred, the said driver, owner of the vehicle as well as its insurer are jointly and severally liable for the same. ..... it is not a profit making organization and this is not a begging by the claimant, the victim of the injuries suffered in an accident by the vehicle insured, but it is the liability and material responsibility of the insurance company which it has to discharge at any cost without raising protractive pleas and resorting to dilatory tactics ..... is a public money, which is to be spent for meeting out the just claims of compensation, but then it is its statutory liability and responsibility to honour such commitment in the interest of people at large for the victims of such accidents may not be, at times would be able to get the full details in respect of insurances of the vehicles. ..... since the driver of the truck could not be traced, correct information about the accident by the truck could not be got nor information about the driving licence of the driver ..... insured with the appellant, in respect of the injuries and permanent disablement caused to her in an accident dated 11.4.1991 when she was returning to home by her luna moped at about 5.20 p.m. ..... the justification of this part of claim as given by learned member, motor accidents claims tribunal is thus:14(u) low of earning capacity:- the evidence on record shows that, the petitioner was .....
Tag this Judgment!Court : Mumbai
Reported in : 2008ACJ2356; 2007(6)ALLMR626
..... after considering that evidence, learned member of the tribunal recorded finding that the accident did occur because of rash and negligent driving by the car driver and the claimants were held entitled to the ..... of the parties challenged the finding of the tribunal that death of the deceased occurred in this motor accident and it was because of negligence on the part of the car driver. ..... and as there was no serious challenge, tribunal concluded that accident was the result of rash and negligent driving of the driver ..... is also no dispute that the deceased died in this motor accident.as regards the status of the deceased, also there is no dispute ..... it is liable to pay entire amount of compensation.insurance company (present appellant) came with a defence that the deceased was one of the passengers in the car involved in the accident which car was insured with them. ..... on account of death of deceased swapnil occurred in an accident that took place on 22.5.1996 on jalna-aurangabad road. ..... of 1997 has preferred the present appeal challenging the award dated 21.6.2002, passed by the learned member, motor accidents claims tribunal, aurangabad, granting compensation of an amount of rs. ..... the case of tilak singh, the accident was alleged to have occurred on 31.10. ..... 5' deals with the cases of personal accident cover to unnamed passengers other than the insured and his paid driver or ..... 21.6.2002 passed by the learned member, motor accidents claims tribunal, aurangabad in motor accident claim petition no. .....
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