Court : Gujarat
Reported in : 2008ACJ1335; AIR2007Guj121
..... the appellants are the parents of one sanjiv, a young qualified engineer who died at the age of 24 years in a motor vehicle accident between a jeep belonging to the gujarat electricity board where the deceased was employed as an electrical engineer and a truck. ..... 3 - insurance company contested the claim petition and contended in its written statement at exh.31 that since the driver of the truck involved in the accident was not joined, the claim petition was liable to be dismissed for non-joinder of a necessary party. ..... the claim petition was filed only against the driver/owner/insurer of the truck without impleading either the heirs of the driver-cum-owner of the car who died in the accident or the insurance company with which the said car was insured. ..... on facts, the tribunal attributed 60% responsibility of the accident to the truck driver and 40% to the jeep driver. ..... the tribunal found that the accident took place on account of composite negligence of the truck driver and the deceased car driver determined by the tribunal in the ratio of 75:25 percent respectively. ..... this appeal at the instance of the claimants under section 173 of the motor vehicles act, 1988 is directed against the judgment and award dated 20.2.2006 of the motor accident claims tribunal, baroda in mac petition no. ..... vijayaben hemantlal dhulia 1996 (1) glh 1007 : 1996 (3) glr 493, this court was concerned with a similar controversy involving the accident between a truck and a car. .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)2GLR2155
..... her husband, mansukhbhai alias babu, met with an accident. .....
Tag this Judgment!Court : Gujarat
Reported in : 2008ACJ1332; AIR2007Guj119
..... 2,95,000/- with proportionate costs and interest to the husband and minor son aged 10 years of tulsiben virambhai, who died at the age of 30 years in a motor vehicle accident that took place between the scooter on which the deceased was a pillion rider and the luxury bus insured by the appellant insurance company on june 28, 1999. 2. mr. ..... this appeal under section 173 of the motor vehicles act, 1988 is directed against the judgment and award dated 19.07.2006 of the motor accident claims tribunal (main), sabarkantha at himatnagar in macp no. ..... when the accident took place, the deceased was aged 30 years which is apparent from p.m. .....
Tag this Judgment!Court : Gujarat
Reported in : 2007ACJ2750; (2007)1GLR890
..... apparently, there was a road-divider on the highway and the matador was travelling on the wrong track and thereby caused the fatal accident.with respect to the quantum of compensation, the tribunal took into account elaborate evidence led by the claimants to establish the educational qualifications of deceased timirbhai and his work experience in ..... the apex court was pleased to reduce the multiplier from 16 adopted by the high court for the deceased who was aged 38 years on the date of accident and applied a reduced multiplier of 12 and on that basis, the apex court worked out the compensation payable to the claimants at rs. ..... there was also material on record to suggest that the brother of the deceased paragbhai aged about 43 years on the date of the accident, was mentally ill and had lost his job way back in the year 1982. ..... determine the quantum of compensation, the earnings of the deceased at the time of the accident and the amount which the deceased was spending for the dependents, are the basic determinative ..... 5 lakhs.the claims tribunal in its impugned judgment came to the conclusion that the accident took place on account of sole negligence on the part of the driver of the ..... outset, it may be noted that with respect to negligence of the driver of the matador in causing the accident, the insurance company has not raised any grounds in the appeals. ..... the tribunal, therefore, in our view, correctly held that the accident was caused on account of sole negligence on the part of the .....
Tag this Judgment!Court : Gujarat
Reported in : 2008ACJ3367
..... this appeal for enhancement of the compensation is filed by the widow, minor son and parents of hasmukhbhai kuberbhai chaudhary who died at the age of 35 years in a motor vehicle accident between the motor-cycle which the deceased was driving and the bus belonging to the respondent-corporation.the cross-objections are filed by the st corporation for challenging the award in so far ..... view of the absolutely unreasonable approach of the tribunal in not taking into consideration the dearness allowance being received by the deceased prior to the accident which was the major chunk of his salary, we were constrained to pass a detailed order on 25.9.2006 issuing notice for early ..... . the tribunal has also not considered the well settled principle that in motor accident compensation cases, the tribunal is required to award just and proper compensation not merely on the basis of the actual income of the deceased on the date of the accident, but where a case is made out, also on the basis of the potential future income which the deceased would have earned over a period of time till his retirement ..... . the tribunal has also erred in not considering that in fatal accident cases what is awarded as conventional amount is not on account of pain, shock and suffering to the dependents or heirs who were not present at the time of the accident, but as compensation for loss of expectation of life which goes to the estate of the deceased and, therefore, compendiously known as the conventional amount for .....
Tag this Judgment!Court : Gujarat
Reported in : 2008ACJ2486
..... and the claimant had to be rushed to the hospital where the claimant's right upper arm was required to be amputated at the level of upper third of forearm, and when the claimant had given the history of vehicular accident (tractor with thresher) when he was admitted to the hospital for treatment, it cannot be said that the claimant has come before the tribunal with an after-thought. ..... appeal under section 173 of the motor vehicles act, 1988 is directed against the judgment and award dated 19.10.2004 of the motor accident claims tribunal, ahmedabad rural in mac petition no. ..... the tribunal held that the accident was caused by the sole negligence of the driver of the ..... , it is also submitted that since the complaint was filed by the claimant one week after the accident and the case of the driver of the tractor was that the claimant was under the influence of alcohol, the tribunal ought not to have held even the driver responsible for the accident in question.4. ..... copy of this judgment shall be sent to the presiding officer of the tribunal who rendered the judgment under appeal and also to the learned administrative judge, incharge of the motor accident claims tribunal. ..... the accident in question took place when not only the thresher was attached to the tractor, but when the thresher was being moved with the help of the ..... tribunal has to consider whether the claimant would be able to perform the same job or carry on the same avocation which he was performing/carrying on before the accident. .....
Tag this Judgment!Court : Gujarat
Reported in : 2008ACJ989
mohit s. shah, j.1. this appeal under section 173 of the motor vehicles act, 1988 (for brevity, 'the act') is filed by the insurance company against the judgment and award dated 1.10.2005 of motor accidents claims tribunal (aux.), rajkot in m.a.c. petition no. 446 of 2000 awarding compensation of rs. 6,28,400 with proportionate costs and with interest at the rate of 9 per cent per annum from the date of the claim petition till realisation.2. though served, none appears for the respondents. respondent nos. 1 to 8 are the original claimants. respondent no. 9 was the driver of the vehicle involved in the accident. respondent no. 10, company was the owner of the vehicle and when notice for final disposal of the appeal was sought to be served, the company had already closed down. in view of the importance of the issues raised in the appeal, particularly the issues affecting claimants in the motor accident claim petitions, we permitted mr. mrugen purohit and ms. amrita ajmera to intervene and make submissions on behalf of the claimants in some other appeals filed by the insurance companies against the awards made by the claims tribunals presided over by the same judicial officer (mr. m.s. shaikh) at surendranagar, rajkot or junagadh.2.1. although not very conventional, we would like to give an index to this judgment, since it runs into 80 pages with almost equal number of paras: index to
Tag this Judgment!Court : Gujarat
Reported in : 2008ACJ528; (2007)1GLR633
..... in the alternative it was also averred that if the driver of the truck was held liable for causing accident, the liability of the appellant could be only to the extent it arose under the workman's compensation act.4. ..... according to him, on the date of the accident, his salary was rs. ..... the said proceedings also arose on account of the accident in question. ..... the appellant has challenged the finding given by the tribunal that the driver of the vehicle insured with the appellant was 100% negligent while driving his vehicle and as a result of the same, he caused accident in question. ..... the evidence on record of the present proceedings clearly showed that the sole negligence was that of the driver of the truck and, therefore, the tribunal rightly held him 100% liable for causing the accident. ..... according to the appellant, the driver of the bus also contributed to the accident. mr. a.p. ..... in this appeal the challenge is to the finding given by the claims tribunal holding the driver of the truck solely responsible for causing the accident. ..... on the basis of the material produced before it, the claims tribunal decided the issue with regard to negligence and held the driver of the truck fully responsible for causing the accident. .....
Tag this Judgment!Court : Gujarat
Reported in : 2008ACJ186; (2007)2GLR1328
..... or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle or the authorised insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of motor vehicle, compensation, as indicated in the second schedule, to the legal heirs or the victim, as the case may be.the second schedule provides for compensation for fatal ..... clause (5) in the said schedule reads as under:disability in non-fatal accidents: the following compensation shall be payable in case of disability to the victim arising on of non-fatal accidents:loss of income, if any, for actual period of disablement not exceeding fifty two weeks. ..... this appeal under section 173 of the motor vehicles act, 1988 is directed against the judgment and award dated 16/02/2006 of the motor accident claims tribunal (main) banaskantha at palanpur dismissing the mac petition no. ..... a copy of this judgment shall be circulated amongst all the motor accident claims tribunal in the state. ..... the jeep met with an accident and the claimant suffered serious injuries resulting into paraplegia. ..... 2-owner of the jeep involved in the accident, none appears for respondent no. .....
Tag this Judgment!Court : Gujarat
Reported in : 2007ACJ2029; (2007)1GLR793
..... after a period of more than eleven years of the accident, even today, the claimant who is personally present before the court was not in a position to speak properly or see with his left eye and his entire body starts trembling after some time. ..... vankar from scheduled castes met with an accident when he was going on his bicycle on 4-3-1995 at .4-30 p.m. ..... he was only 18 years old at the time of the accident doing diploma in agriculture after completing s.s.c. ..... in the instant case, due to accident life of a young boy aged 18 has become miserable. ..... has challenged in this appeal the impugned judgment and award dated 7-5-1999 passed by the motor accident claims tribunal (aux. .....
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