Court : Gujarat
..... in our opinion taking recourse to the proviso appended to sub-section (3) of section 110a for excusing the delay made in the filing of the application between the date of the accident and the date of the constitution of the tribunal is not correct. ..... the time taken between the date of the accident and the constitution of the tribunal cannot be condoned under the proviso. .....
Tag this Judgment!Court : Gujarat
..... the proximate cause of an injury is the primary or moving cause, or that which in a natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury and without which the accident could not have happened, if the injury be one which might be reasonably anticipated or foreseen as a natural consequence of the wrongful act. ..... (d) whether in case of the accident law permits the presumption to treat the accident as 'culpable homicide not amounting to murder'. ..... (c) whether in case of the accident, law permits the presumption to treat the accident as negligence in all the cases and what is the meaning of criminal rash or negligent act. ..... in the accident, the bus which was being driven by the appellant was badly damaged and as a result of the accident, several passengers got injured and two persons died. ..... (b) what is the meaning of accident and criminal 'negligence' within the meaning of section 304a and section 304 of i.p.c. ..... while it was near a railway crossing, an accident took place. ..... (g) what is the meaning of the words "culpable homicide" and what are the ingredients of the words "culpable homicide and what is the difference between the words culpable homicide, the rash or negligent act or the accident. mr. .....
Tag this Judgment!Court : Gujarat
..... the deposition of p.w.9-dr.himanshu hasmukhbhai shah exh.35 that dying declaration exh.37 was recorded before the learned executive magistrate and the opinion of dr.himanshu shah exh.38 shows that cause of death of deceased-ms.rasilaben was an accident. .....
Tag this Judgment!Court : Gujarat
..... it was the case under fatal accident act. .....
Tag this Judgment!Court : Gujarat
..... is a workman who has been engaged on a permanent basis and includes any person who has satisfactorily completed a probationary period of three months in the same or another occupation in the industrial establishment, including breaks due to sickness, accident, leave, lockout, strike (not being an illegal strike) or involuntary closure of the establishment. .....
Tag this Judgment!Court : Gujarat
..... the tribunal has awarded only rs.30,000/- towards loss of consortium and loss of expectation of life, which we find it on a lower side, but at the same time, since the date of accident was of december, 1997 and considering the cost structure prevailing at the relevant point of time, it would be appropriate to award rs.50,000/- under joint heads of loss of consortium, expectation of life and funeral expenses. ..... the advance tax was already paid and the tax payable was also rs.25,388/- as per the income tax return, it was required for the tribunal to consider the said return, since prior to the accident, advance income tax was already paid by the deceased. ..... so far as the third income tax return at exh.52 is concerned, it is true that it has been filed on 21.5.1998 after the date of the accident, but the relevant aspect is that the income tax was of rs.25,000/- in the respective year was already paid being advance tax earlier to 15.12.1997, whereas the date of accident is 30.12.1997. ..... resultantly, the accident occurred and the deceased navinbhai sustained injuries with the other persons, who were also injured in the accident. .....
Tag this Judgment!Court : Gujarat
..... the tribunal, on consideration of the evidence on record, came to a conclusion that in the accident, the driver of the matador van was 80% negligent while the deceased was negligent to the extent of 20%. ..... therefore, the involvement of the vehicles in the accident and the coverage of insurance of the vehicles are not in dispute. ..... since the accident occurred 14 years ago, i direct the tribunal to release the amount together with interest accrued thereon in favour of the claimants on proper verification and in terms of the proportion indicated in the award of the tribunal, after the ..... the accident occurred on 11th february 2000 and the victim was professional driver having heavy vehicle license. ..... gurudayal singh, 2003 (2) scc 274 in the absence of any bar in the act, the tribunal and for that reason any competent court is entitled to award higher compensation to the victim of an accident. ..... to be 30 years, once it is established from the certificate given by the school authority that the victim was born in the month of june 1964, it is apparent that his real age was 35 years 7 months at the time of the accident. ..... age of the victim has been given to be 30 years, it has come from the document produced by the claimants themselves that the date of birth of the victim was june 1964 and therefore, on the date of the accident i. e. .....
Tag this Judgment!Court : Gujarat
..... , the learned advocate appearing on behalf of the appellant-insurance company, strenuously contended before this court by relying upon the panchnama of the place of the accident that there being a divider in the street where the accident had occurred, the maruti car coming from the opposite direction could not have collided with the scooter driven by the deceased which was coming from the opposite ..... to find out what should be the amount which the estate of the victim has suffered for the curtailment of his life by the accident, which necessarily means the amount that he would have earned less the amount which the victim himself would have spent for his own expenditure ..... contended that the police constable on duty having taken the number of the offending vehicle and the driver of the vehicle having admitted that at the point of time when the accident occurred he was very much present at the spot but another vehicle was involved, the tribunal below rightly disbelieved such version. mr. ..... rajguru further contends that the driver or the owner of the maruti car not having disputed the allegation of the accident involving the maruti by filing a written statement, the tribunal rightly disbelieved the version of the driver appearing as a witness at the instance of ..... questions that arise for determination in this appeal are, first, whether the maruti car was involved in the accident, and, secondly, if the answer to the first question was in the affirmative, what should be the compensation .....
Tag this Judgment!Court : Gujarat
..... the tribunal is required to find out what should be the amount which the estate of the victim has suffered for the curtailment of the life of the victim by the accident, which necessarily means, the amount that he would have earned less the amount which the victim himself would have spent for his own expenditure. ..... the learned tribunal, on consideration of the materials on record, found that the driver of the offending jeep was solely responsible for the accident and the victim had no negligence of his own. ..... this appeal under section 173 of the motor vehicles act, 1988, is at the instance of an insurance company and is directed against an award dated 16th june 2008 passed by the motor accident claims tribunal [main], banaskantha, at palanpur in m.a.c.p. no. .....
Tag this Judgment!Court : Gujarat
..... on 7.2.2014, there was a scuffle between him and one driver of a tanker regarding small accident between his two-wheeler and such tanker. ..... he has taken treatment at astha icu, the certificate discloses something different since it is stated in such certificate that rameshbhai chaudhary was treated as an opd patient on 8.2.2014, having following injuries due to fall from bike (vehicular accident at 2 p.m.). .....
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