Court : Gujarat
Reported in : 2008ACJ2230; (2007)3GLR2642
..... however, it appears that for the compensation under the other heads, which has been awarded by the tribunal for the accident of 1983 when the award was passed in the year 1987, the interest awarded is at the rate of 12% p.a. ..... in the year 1988, since the accident was in the year 1983, it would be reasonable to assess the notional income of the claimants of rs. ..... the year of accident is 1983, but it cannot be concluded even if the person was not having income at the time of accident, no amount deserves to be awarded towards compensation. ..... appear from the record and on the said aspect there is no dispute that the tribunal has not assessed the income of any of the claimants, and more particularly, because they were students at the time of accident. .....
Tag this Judgment!Court : Gujarat
Reported in : 2007CriLJ2879
..... it was argued on behalf of the petitioner that it was the first and only accident committed by the petitioner and there was no previous record of any other offence against his name, that he was a poor labourer with responsibilities of his family including his children and old parents and, therefore, ..... 14) that there was a police constable on duty at the spot and, at the time of accident and immediately after the incident, he had chased the truck which had knocked down the unfortunate girl aged seven and then that witness had taken the petitioner to the police station and ..... chhara also submitted that a period of about 15 years had already passed since the accident and imprisonment of the petitioner now may disrupt his difficult life.3. ..... thus, not only that there were eye-witnesses to the accident but the petitioner was practically caught red-handed by a chase by a police constable and he was taken to the police station by that independent witness. ..... in such circumstances, the driver cannot save accident howsoever slowly he may be driving and, therefore, he cannot be held to be negligent. ..... therefore, there could not be a reasonable doubt about identification of the petitioner as the person who was driving the truck at the time the accident had happened. .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)3GLR2584
..... 9 for declaration of the particulars of all accidents or losses during the past three years in connection with all motor vehicles owned, no details are mentioned. ..... , whereas the owner of the vehicle, by suppressing the material fact of the accident, got the vehicle insured on 24.9.1984 at 10 a.m. ..... the principal contention appears to be on the part of the appellant that the accident had occurred on 24th september, 1984 at 8 a.m. ..... if the aforesaid documents are considered with the deposition of kiritkumar shankarlal, the insurance agent on ex.44, it appears that without disclosing the aforesaid aspects that the accident had already occurred at 8 a.m. ..... he submitted that the accident is of 24.9.1984 and, therefore, the tribunal has rightly found that the vehicle was insured by the insurance company and the liability is of the insurance company with the owner of the vehicle.6. ..... in view of the above, it appears that the tribunal has committed error in holding the liability of the insurance company - appellant herein, for the accident in question.11. .....
Tag this Judgment!Court : Gujarat
Reported in : 2007ACJ1565
..... and circumstances of the case, considering the age of the deceased, the multiplicand that we have adopted the fact that the deceased would have in any case superannuated in less than 12 years after the accident, we find that appropriately multiplier of 8 would be justified.reference at this stage may be made to the decision of the apex court in the case of chellammal v. ..... , inescapable conclusion would be that despite the highway having four lanes and a road divider in between, the tanker driver had for unknown reason travelled on the wrong side of the road and caused accident by knocking down the motorcyclist, who was travelling on the left hand side on his correct side of the road. ..... reliance was sought to be placed on the narration in the panchnama of the scene of the accident, where some such suggestion was made, such contents were not proved. ..... heard the learned advocates appearing for the parties, first adverting to the question of negligence of the tanker driver in causing the accident, we find that the claimants had examined eyewitness sanjay rajendrabhai patel at exh. 39. ..... the basis of the above-referred evidence, the tribunal was of the opinion that the accident occurred on account of sole negligence attributable to the driver of the tanker.12. ..... the appellant insurance company as insurer of the tanker involved in the accident has, therefore, preferred this appeal challenging the conclusion of the tribunal both on the question of negligence as well as quantum of compensation .....
Tag this Judgment!Court : Gujarat
Reported in : II(2007)ACC682; 2008ACJ955
..... 23 of 2005 passed by the motor accident claims tribunal, gandhidham-kutch is hereby quashed and set aside. ..... 23 of 2005 passed by the motor accident claims tribunal, gandhidham requires to be quashed and set aside for the following facts and reasons:the original applicants preferred an application under section 163a of the motor vehicles act, 1988. ..... 23 of 2005 passed by the motor accident claims tribunal (auxiliary), gandhidham, kutch, whereby the petitioner company is denied the right of cross-examination of the petitioner.2. ..... 26, in motor accident claims petition no. ..... 26 in motor accident claims petition no. ..... 26 in motor accident claims petition no. .....
Tag this Judgment!Court : Gujarat
Reported in : 2008ACJ2436
..... the supreme court traced the legislative history of english law as regards the liability of an insurer in the event of a motor vehicle accident in respect of third party right and held that in order to avoid its liability on the ground that there was breach of the terms and conditions of the policy, the insurer cannot invoke breach of any ..... then proceeded to consider as to what would be the salary of the deceased 18 years after the date of the accident had the deceased survived and on that basis assessed the prospective annual income of the deceased at rs. ..... in the facts and circumstances of the case and particularly considering the fact that the accident in question took place in the year 1992 and the evidence was recorded 8 years, thereafter, in the year 2000, during which period the pay scale for the concerned post was substantially ..... considering all these aspects of the matter, we confirm the finding of the tribunal that the accident in question was occasioned by the sole negligence of driver of the chhakada rickshaw insured by the appellant ..... present, leaving aside the case falling under clause (a) (collusion between the claimant and driver/owner of the vehicle involved in the accident), it is clear that the ingredients of clause (b) of section 170 are quite objective in nature. ..... by the insurer of one of the vehicles involved in the motor vehicle accident challenges the judgment and order dated 30.7.2001 passed by motor accidents claims tribunal, kachchh-bhuj in the m.a.c.p. no. .....
Tag this Judgment!Court : Gujarat
Reported in : 2008ACJ1551; (2007)2GLR1663
..... consideration, the salary which the deceased would have received in the year 2001 (the mean year between the date of accident and date of retirement), may appropriately be taken in the facts of this case as the prospective income of the deceased ..... above principles, the apex court adopted the multiplier of 12 and not 16 as adopted by the tribunal and high court in the case where the deceased was about 38 years of age on the date of accident and the claim petition was filed by the widow, minor child and mother of the deceased. ..... the present case, the deceased was aged 45 years and five months on the date of accident survived by widow and three children and the second schedule would provide for multiplier of 13. ..... there were two methods adopted to determine and for calculation of compensation in fatal accident actions, the first the multiplier mentioned in davies case (1942) ac 601 and ..... of compensation, claimants produced the evidence regarding the income which the deceased was actually receiving on the date of accident and further examined an employee of the taluka panchayat for showing that deceased was employed as talati-cum-mantri since the year 1974 and that on the date of accident in may, 1995, the deceased was receiving basic pay of rs. ..... also cannot overlook the fact that section 163a provides for structured formula of compensation on the basis of actual income of the deceased on the date of the accident and consideration of future prospects is not provided under section 163 a. 20. .....
Tag this Judgment!Court : Gujarat
Reported in : 2008ACJ1880
..... were really obiter because (as para 10 thereof would indicate) the witness who had stated that the deceased did not pay any income tax, was a person who was examined only as a witness of the accident and he had not and could not have any personal knowledge about the extent of income of the deceased from his various sources as against the knowledge of the wife of the deceased.16. ..... as a matter of fact, the bus was lying to the east of the car.in view of the above oral and documentary evidence on record, the tribunal had no hesitation in holding that the accident was caused by the sole negligence of the luxury bus driver.5.4 as per the unshaken evidence of eyewitness vallabhbhai who was travelling as a passenger in ambassador car being driven by the deceased, which is corroborated by the contents of the f.i.r. ..... that the deceased was owner of two vehicles, one ambassador car and one jeep, and though loans were taken to purchase the said vehicles, the deceased had cleared the loans before the accident and, therefore, the deceased had substantial income from the business of plying these vehicles on hire, particularly because the vehicles were given on hire basis to o.n.g.c. ..... if the jeep was purchased in the year 1990 and was being plied on hire basis as claimed by the claimants prior to the accident on 23.11.1994, the deceased would have filed income tax returns for the intervening 3 years because the alleged income of the deceased was much higher than rs. .....
Tag this Judgment!Court : Gujarat
Reported in : 2009ACJ2099; (2007)2GLR1340
..... maintainable and the tribunal entertains such an application, if in course of enquiry the tribunal comes to a finding that it is the other joint tort-feasor connected with the accident who was responsible and not the owner or driver of the motor vehicle then the tribunal cannot be held to be denuded of its jurisdiction which it had initially. ..... : [2002]2scr290 wherein it is held that the crucial expression conferring jurisdiction upon the claims tribunal consisting under the motor vehicles act is the accident arising out of use of 'motor vehicle,' and therefore, if there has been a collision between the motor vehicle and railway train then all those persons injured ..... further submitted that the aforesaid sections clearly manifest that motor vehicles act, 1988 is a complete act for determination of compensation in respect of an accident resulting in death of, or bodily injury to persons arising out of the use of the motor vehicle or damage to any property of a ..... on merits in view of the provisions contained under section 165 read with section 168 of the act as the claims tribunal is empowered to adjudicate all claims in respect of the accident involving death or a bodily injury or damage to property of third party arising in use of motor vehicle. ..... claims tribunal constituted under section 165 read with section 168 is empowered to adjudicate all claims in respect of the accidents involving death or of bodily injury or damage to property of third party arising in use of motor vehicle. .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)3GLR2336
..... . the first informant had given report of accident in the first instance ex.14, wherein the first informant had not stated anything regarding the so called harassment ..... it is further alleged that since the complainant had raised a suspicion in respect of death of his sister, the complainant had given an application dated 3.7.2004 before the morva police station and the same was registered as accident death entry no. .....
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