Court : Gujarat
Reported in : (2008)3GLR1961
..... it was seen from the impugned award that the deceased victim of the accident was an agriculturist, having his own land, and in the evidence of his widow, it was claimed that he was earning rs. ..... challenging the judgment and award dated 29-9-2006 of motor accident claims tribunal, gondal in claim case no. ..... bhatt that the claims tribunal had erred in applying multiplier of 15 after recording the finding that the deceased was aged 40 years at the time of the accident. .....
Tag this Judgment!Court : Gujarat
Reported in : [2008(117)FLR408]; (2008)1GLR12; (2008)ILLJ985Guj; 2009(2)SLJ37(NULL); 2008(2)AIRKarR227(FB)(Guj)
..... certain other anomalous situations are also pointed out that a person who meets with an accident may claim compensation from two employers; in case of accident, it would be difficult to determine as to which one of the employers would be responsible for payment of compensation. ..... a person working part time, is a workman under the act, does not hold good also for the reason that such a general proposition is likely to lead to various anomalous or conflicting situations e.g (i) a person who meets with an accident may claim compensation from two employers. ..... in case of accident, it would be difficult to determine as to which one of the employers would be responsible for payment of compensation, (ii) in the event of breach of the provisions prohibiting working of more than 9 hours by a person, which one of the two or more employers would be .....
Tag this Judgment!Court : Gujarat
Reported in : 2009ACJ518; (2008)1GLR835
..... the argument for the respondents really involves the reading into the act of a proviso to the effect that an accident shall not be deemed to be within the act, if it arose from the mischievous act of a person not in the service of the employer. ..... it appears that the tribunal found that as the act of causing alleged injuries was an intentional act, it cannot be said as an accident and, therefore, the claim petition for compensation would not lie before the tribunal and hence, the claim was not maintainable.4. ..... in the said case, the court rejecting an argument that the said incident cannot be treated as an accident held: the accident which befell the deceased was, as it appears to me, one which was incidental to his employment as an engine driver in other words it arose out of his employment. ..... , parliament however, chose to use the expression 'arising out of' which indicates that for the purpose of awarding compensation under section 92a, the casual relationship between the use of the motor vehicle and the accident resulting in death or permanent disablement is not required to be direct and proximate and it can be less immediate. ..... 92a of the motor vehicles act, 1939 held as follows (para 12 of air ): section 92-a was in the nature of a beneficial legislation enacted with a view to confer the benefit of expeditious payment of a limited amount by way of compensation to the victims of an accident arising out of the use of a motor vehicle on the basis of no fault liability. .....
Tag this Judgment!Court : Gujarat
Reported in : 2009ACJ129; (2008)2GLR938
..... following:(1) the insured;(2) any other person provided he is in the insured's employ and is driving on the insured's order or with his permission.provided that the person driving holds a valid driving licence at the time of the accident or had held a permanent driving licence (other than a learner's licence) and is not disqualified from holding or obtaining such a licence.11. ..... 616 of 1982, arises from the judgment and award dated 18th may, 1984 passed by the motor accident claims tribunal, surat (hereinafter referred to as, 'the tribunal'). ..... it is also not in dispute that the accident occurred on account of negligence of the truck driver. ..... 616 of 1982 before the motor accident claims tribunal, surat for compensation in the sum of rs. ..... as to the accident in question, there is no dispute that the accident did occur and the claimant received injuries in question in the said accident. ..... the finding that it was the driver of the offending truck, who was solely responsible for the accident in question requires to be confirmed.8. ..... this appeal, preferred under section 110d of the motor vehicles act, 1939 (hereinafter referred to as, 'the act') by the claimant in the motor accident claim petition no. ..... on examination of the panchnama and the oral evidence of the eyewitness, the learned tribunal held that the driver of the offending vehicle -the truck - was wholly responsible for the accident in question. .....
Tag this Judgment!Court : Gujarat
Reported in : 2008CriLJ644
..... a scrutiny of the evidence brought on record by the prosecution as reproduced hereinabove, reveals that what has been brought on record is the fact that an accident took place, that the accused was driving the tempo, the deceased persons were coming on a bicycle which dashed against the tempo on the right hand side, they sustained injuries and later succumbed to ..... a perusal of the evidence of this witness, who was sitting in the front seat next to the respondent when the accident took place, does not point out any rashness or negligence on the part of the respondent, due to which the death of the injured persons took place. ..... in fact, the prosecution witnesses, who were sitting in the tempo at the time of accident, have failed to give any satisfactory account of how the accident took place and have only come to know about it when the noise was heard. ..... in his cross-examination, this witness states that a pile of crushed stones was lying on the right hand side at the place of accident and that there was a tree near the spot, as well as a gutter near the road. ..... the evidence of this witness only proves that the respondent was driving the tempo at the time of the accident and this witness was sitting next to him and nothing more than that. ..... this witness states that the boys riding the bicycle dashed against the right-hand side of the tempo, on the driver's side, and after the accident took place, the tempo stopped at a distance of five feet from the spot. .....
Tag this Judgment!Court : Gujarat
Reported in : [2008(117)FLR616]; (2008)ILLJ479Guj
..... (20 of 1946), or under the act or under any other law applicable to the industrial establishment;(ii) he has been on leave with full wages, earned in the previous years;(iii) he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment; and(iv) in the case of a female, she has been on maternity leave; so, however, that the total period of such maternity leave does not exceed twelve weeks.sub ..... - for the purposes of this chapter -(i) a workman shall be said to be in continuous service for a period if he is, for that period, in uninterrupted service, including service which may be interrupted on account of sickness or authorised leave or an accident or a strike which is not illegal, or a lock-out or a cessation of work which is not due to any fan it on the part of the workman;(ii) where a workman is not in continuous service within the meaning of clause (1) for a period of one year or ..... -section 1 of section 25-b of the act provides that a workman shall be said to be in continuous service for a period (emphasis supplied) if he is, for that period, in uninterrupted service, including service which; may be interrupted on account of sickness or authorised leave or an accident or a strike which is not illegal etc.continuous service as defined under section 25-b(1) of the act are in relation to 'period which is in dispute. .....
Tag this Judgment!Court : Gujarat
Reported in : 2008ACJ1506; AIR2008Guj12; (2007)3GLR2731
..... the tribunal was not unjustified in holding that if two premiums are charged for two vehicles and if two vehicles are responsible for causing the accident, then, each of the vehicle would be liable to attribute to the accident and even if i hold that the liability of insurance company would be to the extent of rs. ..... the appellant-insurance company, being aggrieved by the award dated 18th may, 1990 passed by the learned motor accident claims tribunal (aux), panchmahals at godhra in mac. .....
Tag this Judgment!Court : Gujarat
Reported in : 2008ACJ2012; (2007)3GLR2650
..... from the award made by the learned tribunal below, it would clearly appear that the learned tribunal was of the opinion that the accident took place because of the sole negligence on the part of the driver of truck no. ..... gtb-6834 was the author of the accident and under the circumstances, the claim filed by smt. ..... the case of abhesinh was that the accident was the result of rash and negligent driving on the part of each of the drivers, while the case of gangaram bhalaji rajput, the driver of truck no. ..... gtc-3113 was author of the accident, there was no negligence on the part of the driver of the truck no. ..... gtb-6834, was that the accident was result of sole negligence on the part of the driver of truck no. ..... 60,000/- and the accident was result of rash and negligent driving on the part of gangaram bhalaji rajput.3. ..... the appellant-faridabanu (since deceased through her legal representatives) has filed the present appeal, being aggrieved by the judgment and award dated 7th may, 1982 passed by the learned motor accident claims tribunal, valsad in m.a.c.p. no. ..... gtc-3113 was solely responsible to occasion the accident. ..... gtc-3113 was solely responsible for the accident. ..... in an accident between two trucks bearing registration nos. .....
Tag this Judgment!Court : Gujarat
Reported in : 2007CriLJ4609
..... the theory placed by the defence side was of accident. .....
Tag this Judgment!Court : Gujarat
Reported in : [2008(116)FLR330]; (2008)1GLR436; (2008)ILLJ608Guj
..... the gratuity would be payable to an employee by the employer on superannuation of the employee or on his retirement or resignation or on his death or disablement due to accident or disease.11. .....
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