Court : Gujarat
Reported in : (2006)IIILLJ169Guj
..... the prayers are based upon the facts that her husband had joined service of the respondent bank in october, 1976 and had served till 24.10.2000 when he met with an accident and died in harness. .....
Tag this Judgment!Court : Gujarat
Reported in : IV(2006)ACC225; 2008ACJ104
..... the evidence adduced on the record, the tribunal positively holds that the vehicle of the owner in question was involved in that accident, then the tribunal without inquiring into correctness of other objections that may be raised by the insurance company would be entitled to make the award under section 140 and require the insurance ..... of the aforesaid provision, it is manifest that in case of death or permanent disablement of any person has resulted from an accident arising out of the use of the motor vehicle, the owner or the owners shall be jointly and severally liable to pay ..... if an award is given against insured holding him liable to pay certain amount as compensation or damages in regard to the claim arising out of an accident with his motor vehicle, then the liability of insurer is absolute and the insurer cannot question its liability on the ground that the amount is awarded on the principle ..... section 140 provides that where death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or, as the case may be, the owners of the motor vehicles shall, jointly and severally, be liable to pay ..... where death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, as the case may be, the owners of the vehicles shall, jointly and severally, be liable to any compensation in .....
Tag this Judgment!Court : Gujarat
Reported in : I(2007)ACC249
..... on the pleadings of parties, claims tribunal framed issues, recorded evidence and found that accident was caused by truck driver and not by the claimant. ..... the claimant did not contribute to the accident, therefore, finding based on evidence, is confirmed, contention rejected.6. ..... this award is challenged on two counts, namely, liability for the accident and assessment of compensation. ..... this appeal arises out of judgment dated 31st december, 1988 passed by motor accident claims tribunal (aux. ..... in the alternative, accident was result of contributory negligence on the part of claimant.4. ..... further, it states that claimant could not negotiate the turn correctly, therefore accident took place. .....
Tag this Judgment!Court : Gujarat
Reported in : IV(2006)ACC432; 2006ACJ1941; (2006)1GLR637
..... claims tribunal are constituted by state government 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 any property of third party so arising, or both, under section 165, chapter xii, motor vehicles act, 1988 (hereinafter referred to ..... nonetheless, when the court is called upon to assess compensation on account of some negligent act in a motor accident, the court has to keep in mind that under section 1-a, it has to assess loss caused to the legal heirs, which means, the loss caused to the dependents of the deceased should be assessed on the basis of the value ..... which clearly lays down that claimant is entitled to `just' compensation, court should grant it irrespective of claim made by the victim of accident, on the available evidence or allow amendment to be made and opportunity to lead evidence. ..... : [1995]1scr75 that while fixing the amount of compensation payable to a victim of an accident, damages have to be assessed separately as pecuniary damages and special damages, in other words, pecuniary loss and non ..... the driver of the jeep, with a view to avoid the accident, took it to the left but it dashed with the tree, with the result, claimant sustained injuries on the left leg, left hand and other parts of ..... and cross objections are directed against the award of motor accident claims tribunal (main), panchmahals at godhara, macp no. .....
Tag this Judgment!Court : Gujarat
Reported in : 2006ACJ792; (2005)3GLR2436
..... this appeal is directed against award of motor accident claims tribunal (main), surendranagar, in m.a.c.p. no. ..... shortly stated, accident took place on august 30, 2001 near s.t. .....
Tag this Judgment!Court : Gujarat
Reported in : 2006ACJ1448; (2005)3GLR2372
..... the high court of andhra pradesh held that once the owner had entrusted the motor vehicle to the licensed mechanic to effect repairs, testing being integral part of effecting repairs and the accident had taken place during the course of testing the vehicle, the necessary conclusion was that the mechanic acted within his limits of authority and in the course of the employment for and on ..... he then was, in the course of the said decision rejected the contention of the insurance company based on the exemption clause which exempted the insurance company from liability arising out of an accident during the period when the motor vehicle was used 'for hire or used for organized racing, pace making, reliability speed testing' which was also one of the contentions urged before us ..... university of madurai, : air1980mad219 in which it has been held that the doctrine of vicarious liability could not be extended to a case where the accident had taken place on account of the negligence of the driver employed by an independent contractor even when the claim is made not under the law of torts but under ..... 75) (supra) in india the opinion appears to be divided on the liability of the insurer of a motor vehicle when the accident giving rise to the claim takes place when them otor vehicle is in the custody of a repairer. ..... last condition-10 in this agreement provides that for whatever damage or accident suffered by the tanker during the course of use, whole expenditure thereof shall have to be borne by .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)1GLR695
..... (g) 'continuous service' means uninterrupted service, and includes service which may be interrupted merely on account of sickness or authorized leave or an accident or a strike which is not illegal, or a lock-out or a cessation of work which is not due to any fault on the part of the workman, and a workman, who during a period of twelve calendar months has actually worked in an industry for .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)200CTR(Guj)82; [2006]280ITR94(Guj)
..... as a matter of fact that the industrial undertaking of the assessee employs more than 20 workers; the assessee has the ultimate control over the affairs of the establishment; it is the assessee who is responsible to the workers in case of an accident and that the assessee can let off workers at any time, if he so desires. .....
Tag this Judgment!Court : Gujarat
Reported in : 2006CriLJ726
..... section 80 of the code provides that nothing is an offence if it is done by accident of misfortune and without any criminal intention or knowledge in doing a lawful act in a lawful manner by lawful actions and with proper care and caution. ..... accident in doing a lawful act, - nothing is an offence which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.20. .....
Tag this Judgment!Court : Gujarat
Reported in : 2006ACJ1238; (2005)3GLR2488
..... he was 40 year-old at the time of accident, hale and hearty, only earning member in the family maintaining six members. ..... after recording of evidence and hearing the parties, claims tribunal finds driver responsible for the accident, therefore, awarded compensation of rs. ..... allegation is that the accident took place on account of rash and negligent driving by opponent no. ..... on account of this accident, he lost permanent income from salary, suffered great pain and shock. ..... shortly stated, accident took place on 29-7-1998. ..... they also alleged that the claimant was negligent and caused the accident. .....
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