Court : Gujarat
Reported in : 2009CriLJ2919; (2009)2GLR984
..... in the meantime, information was received that a dead body of a boy was found on railway track and an accident had occurred and, ultimately, it was revealed that arvindbhai had committed suicide laying down on tracks and was crushed under on coming train. ..... according to his deposition, when he came to know that his nephew had died due to accident, he reached at community health center where the dead body was taken and last rituals were performed by him. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2009Guj57
..... 1 lakh each, with additional personal accident benefit and dreaded disease riders for rs. ..... sapna premal jhaveri, unfortunately died due to a road accident on 15.8.2004 at ahmedabad. .....
Tag this Judgment!Court : Gujarat
Reported in : 2010ACJ100; (2009)1GLR319
..... contract on 22nd march, 2000, it would not create any liability against insurance company to pay compensation till issuance of policy, which was issued on 28th march, 2000 and accident took place on 25th march, 2000 on which date, policy of insurance was not in force and, therefore, learned commissioner was right in exonerating insurance company. ..... insurance coverage as available to the insured employer- owners of the motor vehicles in relation to their liabilities under the workmen's compensation act on account of motor accident injuries caused to their workmen would include additional statutory liability foisted on the insured employers under section 4a(3) of the compensation act.18. ..... however, if the insured makes up the premium even after the cheque was dishonoured but before the date of accident it would be a different case as payment of consideration can be treated as paid in the order in which ..... 28th march, 2000 but it must have to be made effective from 22nd march, 2000 and accident took place on 25th march, 2000, therefore, insurance company is liable to pay compensation as per terms of ..... the dicta laid down therein clarifies that if on the date of accident the policy subsists, then only the third party would be entitled ..... apex court has considered that on the date on which accident occurred, there was a policy of insurance in respect of vehicle in question, third party would have claim against insurance company and owner of vehicle would have to be indemnified in respect .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)1GLR216
..... more than mere sorrow or grief or mourning and that additional or extra element has aken the form of any recognizable paychiatric illness which is attributable and really wholly attributable to the misfortune of having actually witnessed accident.it is imporotant to note that damages on this head even if admissible, they can be given only when the close relative of the dec eased has actually witnessed ..... in this case, it has been held that;damages for nervous shock caused by the sight of an accident to a close relative can be awarded. ..... in other words, the accident has taken place within his her sight.now turning to the facts of this case it is very clear that neither applicant no. ..... 1 nor rrest of the applicants have witnessed the actual accident. ..... the proper multiple to be applied in the present case would be 15 since the age of the deceased was 32 years at the time of accident. ..... then, claims tribunal applied multiplier of 15 looking to age of deceased, 32 years, at the time of accident. .....
Tag this Judgment!Court : Gujarat
Reported in : 2009ACJ2128
..... mind, keeping in mind that the claimant was qualified to earn and prosper in future and also keeping in mind one more fact that the claimant was aged 29 years at the time of the accident and only 13 multipliers are applied in an injury case like this, we do not propose to interfere in overall amount of compensation awarded by the tribunal ..... and not to start the bus when the claimant was in climbing process and, therefore, we do not incline to interfere in the conclusion of the tribunal to hold driver of the st bus was responsible for the accident to the extent of 90% and the claimant to the extent of 10%. 8. so far as compensation is concerned, true it is that, the rule of dr ..... , it is submitted that the claimant is required to be held responsible to the extent of 50% in causing the accident and that assessment of damages by the tribunal is erroneous and on these both counts, the compensation is required to ..... bus, has been examined as a witness, has no personal knowledge of the accident as he was inside the bus and was busy in the booking. ..... vehemently urged before the tribunal that the applicant himself was contributory negligent in causing the accident, but the tribunal came to the conclusion that the applicant was negligent to the extent of 10% in causing the accident while present appellant no. ..... of the motor vehicles act, 1988, against the judgment and award delivered by motor accident claims tribunal(auxilliary), baroda, on 30th of august, 2006, in motor accident claim petition no. .....
Tag this Judgment!Court : Gujarat
Reported in : [2008(119)FLR1057]
..... in view of the above particular fact it is evident that the claimant has failed to prove that in fact the vehicle is solved in the accident was the vehicle which was insured with the appellant. ..... he submitted that the owner has another chhakda (delivery van) which was insured and the vehicle involved in the accident was not the insured vehicle. ..... according to him on 12.1.2003 he met with an accident during the course of employment and sustained injuries. ..... has lodged the fir with the police station, but he has not mentioned the rto registration) number of the delivery van which points out that the said vehicle was not involved in the accident. ..... gj-ll-v-1749 was insured and the said vehicle was not involved in any accident. .....
Tag this Judgment!Court : Gujarat
Reported in : [2008(119)FLR1112]
..... 1997 (77) flr 637 (sc), reported in wherein it is held as under:on the aforesaid interpretation of these two statutory schemes, therefore, the conclusion becomes inevitable that when an employee suffers from a motor accident injury while on duty on the motor vehicle belonging to the insured employer, the claim for compensation payable under the compensation act along with interest thereon, if any, as imposed by the commissioner, sections 3 and 4-a(3)(a) of the ..... when he was driving truck insured with the appellant and returning from vadodara, met with an accident due to brake fail as a result of which he sustained injuries and had to take medical treatment. .....
Tag this Judgment!Court : Gujarat
Reported in : 2009ACJ1999
..... 167 of 2003, against the judgment and award delivered by motor accidents claims tribunal (auxiliary), valsad on 17.6.2006, wherein the tribunal was pleased to award, in all, compensation of rs. ..... 15,63,500 to the claimants-present opponents with running interest at the rate of 7.5 per cent from the date of application till realization, for the death of rameshchandra shah, caused by accident, who happens to be the father of present respondent nos. ..... corporation was negligent to the extent of 50 per cent in causing accident appears to have been accepted by the parties.7. ..... the present first appeal is preferred by the original opponent gujarat state road transport corporation of motor accident claim petition no. .....
Tag this Judgment!Court : Gujarat
Reported in : 2010ACJ15; (2008)3GLR2661
..... simply because there are three persons on the scooter or that the driver of the scooter had no licence, does not obsolve the driver of the bus from the liability of the accident which he could have very well avoided by stopping the bus the moment he saw the scooter coming from the right hand side. ..... then a care is to be taken by the driver of heavy vehicle after seeing the small vehicle to ahead 10 ft, but that care was not taken properly and due to carelessness of the driver accident had occurred and there was no contributory negligence at all of the scooterist. ..... , it was at a distance of 10 ft and at that time the bus was in motion and at that time the front left portion of the bus had come on the road, that is, out of the bus stand and accident was not occurred at that place, but panchnama ex. ..... had tried to disown the liabilities stating that the accident has not occurred there, the panchnama ex. ..... the opponents being the driver and owner of the amts bus involved in the accident are liable to pay the same. ..... has also admitted that the accident had not occurred at that ..... a document of his birth date, which means that on the date of the accident he was of 19 years of age. ..... the fact that nimish died on account of the aforesaid vehicular accident is amply proved. ..... copy of the post mortem report shows that he died on the date of the accident due to the injuries sustained by him during the accident. ..... their versins appear to be an effort to fasten the liability of the accident on each otherside. .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)1GLR471
..... so, products received from agricultural field was proved and for selling them, they were going to amreli market yard, therefore, on the basis of this evidence itself and looking to the year of accident 2003, farmer having this much land as per exhs. ..... 23 and in her oral evidence, it was deposed by her that at the time of accident, deceased was aged about 55 years and was earning rs. ..... reversed by apex court, this aspect has been examined by the apex court and the apex court has considered that the amount of compensation payable to the heir and legal representative of the deceased victim of accident must be a fair and reasonable one. ..... the age of claimant at the time of accident was 17 and applying multiplier of 16 on the income of ..... appellant has, under section 173 of the motor vehicles act, 1988 ('the act', for short), challenged the award dated 22-3-2007 of motor accident claims tribunal, vadodara in motor accident claim petition no. ..... 000/- towards mental agony suffered by the claimant as after one day of accident, the deceased died and rs. ..... is also necessary to note important part that on the date of accident on 9-12-2003, deceased shambhuram asharam devmurari injured vallabhbhai asharam devmurari were going to sell groundnuts at amreli market yard and at that time, accident occurred. ..... appeal is filed by the appellant-shardaben shambhuram devmurari, original claimant for enhacement of award while challenging the award passed by the motor accident claims tribunal, amreli in m.a.c.p. no. .....
Tag this Judgment!