Court : Gujarat
Reported in : (2006)3GLR2385
..... it was argued on behalf of the state that the testimony of witness radheshyam chhotelal does not become doubtful at all merely because he had given history of injury sustained by him as vehicular accident inasmuch as in his substantive evidence before the court also, he has stated that when attempt was made by the appellants to flee on the scooter, a portion of the scooter had dashed with him as a result of which, he had ..... hospital and before the doctor, he had narrated that he had sustained injuries in a vehicular accident in the afternoon, which shows that he was not an eye-witness and, therefore, could not have been relied upon by the learned judge of the trial court for fastening criminal liability on the appellants. ..... before dr.chandana also, it was mentioned by police constable chhotelal radheshyam that he had sustained injury in a vehicular accident. .....
Tag this Judgment!Court : Gujarat
Reported in : 2006ACJ2688; (2006)2GLR1514
..... 26, contending inter alia, that the petitioners should be put to strict proof of the factors like particulars of accident, injuries causing death of deceased ranjanben, her age, income and other factors. ..... claims tribunal fixed age of deceased ranjanben as 40 years at the time of accident for the purpose of calculation of compensation on the basis of petition, photo copy of pm note and other documentary evidence on record. ..... by answering issue no.1 in affirmative, tribunal held that the accident in question has taken place solely due to rash and negligence on the part of opponent no. 1. ..... she was hale and hearty and if unfortunate accident would not have occurred, she would have survived long. ..... 3 has denied that the accident has taken place due to rash and negligent act on the part of opponent no. 1. ..... deceased ranjanben had undergone plenty of pain, shock and suffering after accident and before her death. ..... through this appeal, appellant has challenged award made by motor accident claims tribunal (aux. ..... that the petitioner was negligent to a major extent namely 75% for the occurrence of accident. .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)202CTR(Guj)198; [2006]283ITR402(Guj)
..... act the motor accident claims tribunal is entitled to make a direction that the insurer shall be impleaded as a party to the proceedings and thereupon, without prejudice to the provisions of section 149(2) of the m.v. .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)3GLR1809
..... (10) the civic bodies shall compulsorily have such worker insured and to pay the premium, the worker should be availed of various schemes from social welfare department, such as coverage of insurance, payment of compensation, in the event of accident happening, and in the case of death, to give compassionate appointment to the dependent of the deceased worker subject to such candidate passing requisite qualifications for the employment. ..... if the higher authority insists upon worker entering the manhole, such order should be given in writing and in case of any accident, the responsibility would lie on the concerned officer as well as civic body, and it will expose them to civil liability as well as criminal prosecution. ..... the civic bodies to compulsorily have the equipments designed in the manner that would help preventing the accidents in the drainage like the gas detector which will find out the presence of poisonous gases and its intensity. ..... (2) it is found that there is possibility of any kind of accident or presence of poisonous gas is noticed, the worker should not be allowed to go inside the manhole. ..... because of this, there is rise in such accidents and cases have also come to light wherein the workers of the contractors have lost their lives. ..... it is, therefore, high time that the court may look into this problem seriously and prescribe such measures so as to avoid any such accidents occurring in future. .....
Tag this Judgment!Court : Gujarat
Reported in : 2006ACJ2524; (2006)2GLR1362
..... 1561 of 1999, 1562 of 1999 and 1849 of 1999, arising out of the same accident, by the presiding officer, fast track cort no. ..... he was aged about 20 years at the time of the accident and was earning rs. ..... she was aged about 40 years at the time of the accident and was earning rs. ..... at the time of the accident he was aged 22 years and was earning rs. ..... all the three claimants in the claim petitions received severe injuries as a result of this accident.3. ..... 2 in all the three claim petitions, which arose out of the same accident. .....
Tag this Judgment!Court : Gujarat
Reported in : 2007ACJ2253
..... it is contended that in the complaint there is no mention of the goods being carried by the deceased and it only mentions that the truck was loaded with fertilizer and when the accident took place, the deceased persons, who were travelling in the truck, were pressed under the fertilizer. ..... 338, 339, 340, 341 and 342 of 2006, all of which have been filed by the appellant insurance company against the common judgment and award of the motor accident claims tribunal (main), ahmedabad (rural) dated 20.9.2005, in m.a.c.p.nos.942, 943, 944, 945 and 946 of 1998. ..... since these appeals, arise out of the same accident, the factual matrix is the same in all the cases.2. ..... issues were framed by the m.a.c.tribunal and after examining the oral and documentary evidence on record, the m.a.c.tribunal came to the conclusion that the driver of the truck was negligent in causing the accident and resultant death of the deceased persons. ..... it is stated that the accident took place on 19.5.1998 at about 1.30 p.m. ..... it should be kept in mind that the complaint was filed by none other than the conductor of the offending truck,after the driver ran away from the spot when the accident took place. ..... due to the rash and negligent driving of the driver of the truck, while over taking one tractor going ahead, the truck turned turtle and the accident took place. ..... were held to be jointly and severally liable since the truck was found to be insured at the time of the accident. .....
Tag this Judgment!Court : Gujarat
Reported in : IV(2006)ACC406; 2006ACJ2759; AIR2006Guj117; (2006)2GLR1229
..... it has further been argued that the disability certificate exh.39 dated 25.6.99 has been given by the orthopaedic surgeon who has only treated the fracture of the left tibia of the claimant as a result of the vehicular accident in january 1996, and that the said doctor was not competent to give a certificate to the effect that the respondent no. ..... 1-claimant, whom he has treated even after the accident and whose medical condition is seen and has been assessed, on the basis of the record of the neuro surgeon, such as the disability certificate to this effect. ..... under the m.v.act, would amount to defeating the very object and purpose behind the enactment of this beneficial statute, which is to provide immediate relief in the form of just and reasonable compensation to unfortunate victims of motor accidents or their legal heirs, as the case may be.8. ..... the driver of the scooter, which caused the accident, took the claimant to an orthopaedic surgeon, dr.p.n.dholakia. ..... it is not disputed that as a result of the accident that took place on 4.1.1996 the respondent no. ..... against the judgment and award passed by the motor accident claims tribunal (aux. ..... on the contrary, as a result of the injuries sustained in the accident, the respondent no. ..... due to the accident, the respondent no ..... due to the accident in question, his left leg was fractured and he was unable to go to work ..... 1-claimant suffered permanent disability in the form of paralysis of both legs to the tune of 70% as a result of the accident. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2006Guj157
..... except for the purpose of making is secure under the direction of the city engineer;(b) any change is made in the sky-sign, or any part thereof;(c) the sky-sign or nay part thereof fall either through accident, decay or any other cause;(d) any addition or alteration is made to, or in, the building, or structure upon or over which the sky-sign is erected, fixed or retained, involving the disturbance of the sky-sign or any part thereof;(e) the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2006Guj115
..... 849/ 92, pending at the file of the motor accident claims tribunal, surendranagar to motor accident claims tribunal, ahmedabad city.the grounds for transfer as set out in the application are that the applicant is a permanent resident of the city of ahmedabad; that the applicant is residing at ahmedabad; that it is difficult for him to attend hearing of the motor accident claims tribunal (mact) at surendranagar; that the regional office of opponent no. ..... besides, it is submitted that the opponents are not to be prejudiced in any manner if the motor accident claim petition (macp) no. ..... the applicant has approached this court with the prayer that:your lordships may be pleased to transfer the motor accident claims petition no. .....
Tag this Judgment!Court : Gujarat
Reported in : 2006ACJ2222
..... tribunal in the impugned judgment and award has taken note of the fact that the claimants have later on, during the course of hearing and adducing of evidence, introduced the plea that the accident took place due to the jeep being hit from behind by the luxury bus, which was being driven in a rash and negligent manner and with excessive speed, but at the samp time this fact ..... tribunal, after scrutinising the entire material on record and taking note of the oral and documentary evidence, has independently came to the conclusion that the accident took place due to the jeep being hit from behind by the luxury bus, which was being driven in a rash and negligent manner, with excessive ..... was contended in the written statement filed by the appellant-insurance company that it was the driver of the luxury bus who was responsible for the accident and the driver and owner of the jeep as well as the appellant are not at all liable to pay the compensation. ..... appellant has denied the liability of the insurance company to pay the compensation, since it is contended that the jeep involved in the accident was a carrier of goods and the deceased persons were gratuitous passengers, travelling unauthorisedly, in the jeep.5. ..... on that date, they were travelling towards ozar village of nasik and on 7-10-1996, the date of the accident, they reached village sawa under kosamba police station, when a luxury bus came with full speed from the wrong side and hit the jeep in which they were travelling, from .....
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