Court : Gujarat
Reported in : 2007ACJ1897; 2007(4)KLT49
..... the insurance companies or the owners of the motor vehicles depositing the amounts in compliance with the awards of the motor accident claim tribunals shall -(a) first spread the interest amount over to the relevant financial years for the period from the date of filing the claim petition till the ..... (ix) to such income credited or paid by way of interest on the compensation amount awarded by the motor accident claims tribunal where the amount of such income or, as the case may be, the aggregate of the amounts of such income credited or paid during the financial year does not exceed fifty ..... account of death of prafulchandra narbheram ladhani (hereinafter referred to as 'the deceased') on 1.4.1991 in a motor vehicle accident between an ambassador car in which the deceased was travelling and a public carrier truck. ..... the same principle will apply to interest on compensation awarded by the motor accident claims tribunal in a claim petition under the motor vehicles act, 1939 or motor vehicles act, 1988 or on further appeal by this court or ..... of section 194a(3)(ix) of the income-tax act, 1961 regarding deduction at source of the income-tax payable on the interest received by the claimants on the compensation received by them pursuant to the award of the motor accident claims tribunal.2.1 this application is filed by the heirs of deceased prafulchandra narbheram ladhani, who had filed motor accident claim petition before the motor accident claims tribunal for claiming compensation of rs. .....
Tag this Judgment!Court : Gujarat
Reported in : 2008ACJ61; (2007)1GLR567
..... buch as well as the photographs of the appellant, which have been taken immediately after the accident and before the treatment and also the photographs which are taken after the completion of the treatment, show that the original looks of the appellant have been restored almost ..... due to the retrospective effect given to this amendment, the present accident would also stand covered in the amended clause. ..... tribunal has considered the evidence on what actually happened at night and thereafter it has come to the conclusion that the accident was caused on account of the negligence of the appellant. ..... moreover, in the supreme court case, the accident had taken place on 18/12/1960 prior to the issuance of the directions of the said committee.so, concluding, the learned judge has further proceeded to ..... tribunal on the basis of the material produced before it as well as the oral evidence, reached the conclusion that the accident occurred on account of the sole negligence of respondent no. 1. ..... it is to be noted here that as a result of the accident, the appellant had lost two teeth and one tooth was half broken for which he had to get the special denture of two ..... 1 who was totally negligent and the accident occurred solely on account of his negligence ..... it is not in dispute that in the accident the appellant suffered most of the injuries on his ..... original claimant has preferred this appeal for enhancement of the compensation granted by the motor accident claims tribunal [main], surat in m.a.c.p. no. .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)1GLR659
..... the mandatory provisions of section 47 of the act of 1995, directed to the petitioner to grant all the benefits which are available to the respondent under section 47 of the act of 1995 with the salary from the date of accident till the date of resuming the duties and to give any other work which has been suitable to the respondent and also to adjust the place of work which will be near to the residence of the respondent. ..... if the petitioner provides any light duty to the respondent and since the respondent met with accident and has become totally blind and if he receives any furhter injury due to blindness, the petitioner is liable to pay compensation to the respondent under workmen compensation act, 1923 and in the case of the respondent herein, ..... the commissioner has considered the factual aspect about the accident occurred on 30.4.2004 during the period of service. ..... on 30.4.2005, when respondent visited his residence, he met with an accident and lost his 100% eyesight. ..... mehta, submitted that when the respondent met with an accident, he was not on duty. ..... such contention was not raised before the commissioner when advocate of the petitioner was remained present and apart from that, the respondent while completing the work returned to the home, meanwhile the accident was occurred. ..... disability comes as a result of an accident or disease.14. ..... due to accident occurred on 30.4.2004, 100% disability has been certified by medical board. .....
Tag this Judgment!Court : Gujarat
Reported in : 2008ACJ966
..... prospective income of the deceased as compared to the actual income, from all practical purposes, the easiest method of computing the dependency benefit would be to take actual monthly/annual income of the deceased on the date of the accident itself as the monthly/annual dependency benefit, as the aforesaid calculations would clearly bear out.9. coming to the question of multiplier, mr ..... ., the appellant insurance company as well as driver and owner of tempo involved in the accident.the amount of compensation, if any, paid or deposited under section 140 of the act shall be adjusted against the aforesaid amount awarded under this judgment ..... on the question of negligence, after going through the oral and documentary evidence on record, the tribunal held that the deceased died in a motor vehicle accident caused by rash and negligent driving of tempo by original opponent no. 1.4. ..... this appeal is directed against the judgment and award dated 21.12.2005 passed by the motor accidents claims tribunal (aux. ..... on himself, remaining amount would be 2/3rd of the prospective income and this final figure would be the amount of dependency benefit which is being lost by the claimants on account of the death of the deceased in the motor vehicle accident. ..... once, the tribunal assessed the actual income of the deceased on the date of the accident at rs. ..... 23, deceased was aged about 46 years at the time of accident. .....
Tag this Judgment!Court : Gujarat
Reported in : 2007ACJ1743; (2007)1GLR749
..... since the claimant was 40 years of age on the date of accident, we consider it proper to rely upon the multiplier in the second schedule to the act, which is 16 years. ..... the tribunal held that the accident was caused by rash and negligent driving of bus driver.5. ..... from the date of petition till its realisation on account of serious injuries sustained by appellant original claimant in motor accident involving the bus driven by respondent no. ..... this appeal is directed against the judgment and award dated 9th february 2006 passed by motor accident claims tribunal, dahod, in m.a.c.p. no. ..... the tribunal has been constituted under the provisions of motor vehicles act, 1988 for awarding just compensation to the victims who have suffered serious injuries in motor vehicle accidents or to the heirs of the persons who have died in motor vehicle accidents. .....
Tag this Judgment!Court : Gujarat
Reported in : 2007ACJ1198; AIR2007Guj39
..... its decision as it emerges as under from the discussion made in the foregoing paragraphs of the present judgment that:(1) though provision is for entertaining claims for compensation in respect of accidents death of, or bodily injury to, persons arising out of the use of motor vehicles, the admitted legal position is that not only claim for non-pecuniary loss can be entertained ..... section 110 of the act, the legislature intended to give relief to persons who had suffered loss as a result of damage to their property as a result of a motor accident and in absence of any express or implied indication to the contrary, the expression 'damages to property' must be given the same meaning which it has been assigned in the ..... section 110: claims tribunal (1) : a state government may by notification in the official gazette, constitute one or more motor accident claims tribunals, [hereinafter referred to as claims tribunal] for such area as may be specified in the notification for the purpose of adjudicating upon claims for compensation in respect of accidents, involving the death of, or bodily injury to, persons arising out of the use of [motor vehicles, or damages to ..... constitute a claims tribunal, by issuing necessary notification in the official gazette, for the purpose of adjudicating upon the claims for compensation in respect of the accident involving the death of, or bodily injury to the persons arising out of the use of motor vehicles or damages to any property of a third party so .....
Tag this Judgment!Court : Gujarat
Reported in : 2007ACJ1705; (2007)1GLR784
..... on way the accident occurred wherein the deceased received fatal injuries. ..... 1, surat dated 4th april, 1979 passed in motor accident claim petition no. ..... original claimants have approached this court by way of this first appeal to challenge judgment and award of the accident claims tribunal no. ..... the accident took place on 14th may, 1977. .....
Tag this Judgment!Court : Gujarat
Reported in : 2007ACJ1367
..... at 8.5' below knee joint.compound communited injury over right forearm for which operation amputation of right upper limb was done.4.2 he has further stated that from the evidence of the petitioner at exh.25 after the accident he has taken medical treatment in the shardaben hospital for three months as indoor patient and he has sustained burn injury on the right hand and the right hand upto elbow has been amputated. ..... 3 filed written statement at exh.19 wherein the insurance company denied that alleged accident occurred due to rash and negligent driving on the part of opponent no. 1. ..... we have gone through the evidence on record and as the petitioner was 20 years old on the date of accident and was working as a conductor, we assess the monthly income at rs. ..... the petitioner was 20 years old at the time of accident which took place in the year 1995 and now we are in 2006. ..... mithun kalikrishna banerjee, appellant- original claimant- petitioner has filed this appeal under section 173 of the motor vehicles act, 1988 against the judgment and award dated 1.2.2002 passed by the motor accident claims tribunal (aux.ii), ahmedabad (rural) in mac petition no. ..... it has been stated that the accident occurred due to rash and negligent driving on the part of opponent no. ..... (i) whether the applicant proves that he received injuries because of rash and negligent driving of the driver of the vehicle involved in the accident ? ..... 2000/- per month at the time of accident. ..... 1200 per month at the time of accident. .....
Tag this Judgment!Court : Gujarat
Reported in : II(2007)ACC469
..... the division bench held that although the decision was under the workmen's compensation act, the principle made clear can well be applied to the motor accident cases and after relying upon the same, the division bench held that in the case on hand the disability must be assessed totally, and not partially.10. mr. ..... in the application, it was stated that because of the accident, he was immediately taken to the civil hospital, ahmedabad where he was treated as an indoor patient at least for one and a half month during the period from 29.10.1992 to 10.12.1992 as he suffered crush injuries on his right upper ..... in this case, the accident occurred in october 1992 and the tribunal has decided the matter on 14.10.2005. ..... dahyabhai somchand parmar, appellant, original claimant, has filed this appeal against the judgment and award dated 14.10.2005 passed by the motor accident claims tribunal (aux. .....
Tag this Judgment!Court : Gujarat
Reported in : 2008ACJ1455
..... the learned counsel for the appellant has submitted that the defence of the appellant- insurance company before the tribunal was that the vehicle in question was not involved in the accident and that apart from raising such a plea in the written statement, on behalf of the insurance company investigator's report exh.19/1 and affidavit of owner of the vehicle exh. ..... this appeal is directed against the judgment and award dated 10.3.2006 of the motor accident claims tribunal, kheda at nadiad in mac petition no. ..... . it is obvious that even in an application under section 163a of the act, the claimant has to prove that the vehicle in question was involved in the accident .....
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