Court : Gujarat
Reported in : 2009ACJ883; (2008)1GLR225
..... that the parliament intended to lay a comprehensive scheme for the purpose of grant of adequate compensation to a section of victims who would require the amount of compensation without fighting any protracted litigation for proving that the accident occurred owing to negligence on the part of the driver of the motor vehicle or any other fault arising out of use of a motor vehicle.thus after explaining the object of enacting section 163-a, the apex court has ..... , essentially under article 227 of the constitution of india, to challenge the order passed by motor accident claims tribunal (main), bhavnagar, dated 24/8/2006, whereby the tribunal has granted applications of the claimants seeking amendment in the claim petitions. ..... the note appended to column 1 which deals with fatal accidents makes the position furthermore clear stating that from the total amount of compensation one-third thereof is to be reduced in consideration of the expenses which the victim would have incurred towards maintaining himself had he been ..... the legislative intent behind the enactment of the said section was to provide for the making of an award consisting of a predetermined sum, without insisting on a long-drawn-out trial or without proof of negligence in causing the accident. ..... tribunal [main], bhavnagar for obtaining compensation for the death and/or injuries suffered by the victims of a vehicular accident. .....
Tag this Judgment!Court : Gujarat
Reported in : 2008CriLJ761
..... if this case was really a case of accident, then there was no reason for these two prosecution witnesses to implicate the appellant as a culprit because otherwise they were having good relations. .....
Tag this Judgment!Court : Gujarat
Reported in : [2008(117)FLR487]
..... the applicants also produced xerox copy of the accident report at exhibit 6/2-which shows that accident took place due to fire explosion because of leakage of some chemical/xerox copy of death certificate at exhibit 6/3 showing that the deceased expired on 2.1.1991, post-mortem report at; exhibit 6/4 which ..... the act and he was also an 'insured person' within the meaning of section 2(14) of the act and, therefore, the learned judge had held that the deceased died due to the injuries of the accident and he was entitled to the insurance mount in this behalf. ..... benefit period is from 1.1.1991 to 31.6.1991 and hence, as the accident took place on 30.12.1990 and the employee had died on 2.1.1991, he was entitled to ..... there is no dispute to the fact that the accident took place on 30.12.1990 and the deceased expired ..... she has also stated that the accident took place oft 30.12.1999 and ..... stated short facts of the case that accident took place on 30.12.1990, he has ..... stated that he has been shown accident report which was filled up by ..... 1,600/- per month on the date of the accident and he is not entitled to any benefit under the esi act and therefore, on this ground alone, the lower court ought to have rejected the ..... in identical situation, the court has observed employees' state insurance general regulations, 1950, regulations 4 and 5 employee-employment injury contribution period definition of insured employee suffering employment injury on date of accident employee getting salary of more than rs. .....
Tag this Judgment!Court : Gujarat
Reported in : 2008ACJ2711; (2008)1GLR327
..... of any injury which does not result in the total or partial disablement of the workman for a period exceeding [three] days;(b) in respect of any [injury, not resulting in death [or permanent total disablement], caused by] an accident which is directly attributed to -(i) the workman having been at the time, therefore, under the influence of drink of drugs, or(ii) the wilful disobedience of the workman to an order expressly given, or to a rule expressly framed, for ..... to pay compensation and in support of the same they relied upon section 3 of the workmen's compensation act which reads as follows:employer's liability for compensation:- (1) if personal injury is caused to a workman by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this chapter:provided that the employer shall not be so liable--(a) in respect ..... , the insurance company and the owner are liable to pay 40% of monthly wages of the deceased workmen multiplied by relevant factors in view of the fact that the accident took place on 26-12-1991 and the amendment of 50% of monthly wages to be given came into force in 1995 will not be applicable in the present case and to that extent the ..... read with sections 19(1) and 22 also indicate that the liability of employer gets crystallised on the date of the accident to the concerned workman and the employer is required to meet the said liability as per the procedure and time .....
Tag this Judgment!Court : Gujarat
Reported in : I(2008)BC192; (2007)2GLR2267
..... registrar general of the high court has appeared and placed on record the communication dated 25.05.2007 intimating all principal district judge/motor accident claim tribunal, for the order passed by this court as well as to comply the directions issued by this court vide paragraph ..... shall ensure that the prima facie reasons recorded and the present order is communicated to each principal district judge and motor accident claims tribunal(main) functioning in each district of gujarat state for information to all motor accidents claim tribunal functioning in such districts and the reference court functioning under the land acquisition act. 5. ..... receipt and the matters are subjudice before this court.similar can be the situation even in respect of investments made by various tribunals gujarat state functioning under the motor accident act on account of the award passed by it for which, no appeals are preferred before this court. ..... all concerned courts under the land acquisition act and all motor accident claim tribunals functioning under the motor vehicle act in the state of gujarat, shall undertake the exercise of premature encashment of all investment made during the period of 2003 to 2006 at the rate ..... it is further directed that the principal district judge/motor accident claims tribunal (main) shall place such information in the notice board of the tribunal concerned/reference court concerned under the land acquisition act, inviting submissions or suggestions, if any, by giving .....
Tag this Judgment!Court : Gujarat
Reported in : 2007CriLJ3579; (2007)2GLR2114
..... 24, who stated that relatives gave history that a fight was ensured on account of accident of rickshaw in which bhailal received injuries. .....
Tag this Judgment!Court : Gujarat
Reported in : 2007ACJ2557
..... according to the tribunal it is proved from the evidence that harshaben died in the accident taken place due to rash and negligent driving on the part of the driver of the truck no. ..... harshaben was 35 years old at the time of the accident and she would have worked up to the age of retirement. ..... as regards the multiplier is concerned, at the time of the accident the age of harshaben was 36 years. ..... it was claimed that at the time of accident in the year 1994 the salary of harshaben in coast radiator warehouse was $ 2,500. ..... , is directed against the judgment and award dated 13.1.2004 passed by the motor accidents claims tribunal, kheda at nadiad in motor accident claim petition no. ..... from the evidence on record the tribunal found that it was proved that at the time of the accident the original opponent no. ..... on the day of the accident the respondent nos. ..... at the time of accident she was working as chief accountant with the coast radiator warehouse and was earning a salary of $ 2,500 per month. ..... in the accident harshaben sustained serious injuries and she was taken to hospital at umreth, but she succumbed to the injuries. ..... 1 at the time of the accident. ..... the tribunal has not believed the version of the insurance company that harshaben has not died due to the vehicular accident. .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)1GLR575
..... it is true that the income-tax return is filed after the accident, but in absence of any record to the contrary, it cannot be said that the tribunal has committed error in relying upon the income shown in the income-tax return. ..... 35,000/- per year as the income, on the date of accident, the prospective income would come to rs. ..... therefore, even if the position as prevailing in the year 1990-1991 is considered, it cannot be said that the view taken by the tribunal for applying the multiplier of 15 in case of the person who died on account of the accident aged 36 years, is unjust or unreasonable. ..... 48,000/- per year based on the evidence of the income as per the income-tax return, which was filed only for 1 year and after the accident. .....
Tag this Judgment!Court : Gujarat
Reported in : 2008ACJ828
..... therefore, the tribunal has come to the conclusion that the original claimant had died due to the injuries sustained by him in the accident and the nexus between the injuries and the death has been established with satisfaction. ..... dakshesh mehta, advocate appearing for the appellant insurance company, submitted that the claimant has not expired due to the accident happened on 27.10.1995 inasmuch as he has expired only on 25.6.2000. ..... he submitted that looking to the long gap of about 4 years and 8 months it cannot be said that the claimant has expired due to accident and there is no nexus between the accident and the cause of death. mr. ..... deceased met with the accident on 27.10.1995 and died on 25.6.2000. ..... there is no dispute about the accident in question and the injury suffered by the original claimant. ..... this appeal is directed against the judgment and award dated 15.4.2002 passed by motor accidents claims tribunal (main), kutch at bhuj in motor accident claim petition no. ..... it is, therefore, clear that after the accident the original claimant was bedridden, he had developed bedsores due to his inability to move himself due to the injuries sustained by him in the accident. ..... document further shows that the deceased was completely bedridden through the period of five years and ultimately he died because of the bedsores and loss of haemoglobin due to the injuries sustained by him in the accident. .....
Tag this Judgment!Court : Gujarat
Reported in : 2008ACJ1225; (2007)2GLR1695
..... 1 found that the driver of the truck was fully responsible for the accident and did not attribute any contributory negligence to the claimant and awarded the compensation of rs. ..... 102 of 1981 for the very accident, attributed contributory negligence of 50% to the driver of the rickshaw and he submitted that the said decision dated 19.3.1983 passed by the very tribunal in macp no. ..... with an excessive speed the driver of the said truck lost control over the vehicle and the truck went off wrong side and dashed with the rickshaw of the claimant resulting into the accident and injuries to the claimant. .....
Tag this Judgment!