Court : Mumbai Goa
..... the appellant-insurance company is challenging the judgment and award dated 19.07.2008 passed by the motor accident claims tribunal (tribunal, for short), only on the ground of the alleged breach of policy condition, in as much as it is contended that the driver of the offending vehicle was not holding a valid and effective driving license. 2. ..... the tribunal came to the conclusion that the accident occurred due to rash and negligent driving of the offending vehicle. ..... the accident occurred near the gate of goa bagayatdar cooperative society at sanquelim-bicholim road. .....
Tag this Judgment!Court : Mumbai
..... deduct any amount towards tds and the same shall also be deposited in addition to the amount that has already been deposited to the credit of m.c.o.p.no.879 of 2006, on the file of the motor accident claims tribunal, additional district judge, fast track court, dharmapuri, within a period of four weeks from the date of receipt of a copy of this order and the respondent is entitled to take ..... right law and hence, this court arrives at the conclusion that the compensation awarded or the interest accruing therein from the compensation that has been awarded by the motor accident claims tribunal cannot be subjected to tds and the same cannot be insisted to be paid to the tax authorities since the compensation and the interest awarded therein does not ..... (ix) thereof and provides that the provisions of sub-section (1) shall not apply to such income credited or paid by way of interest on the compensation 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 paid during the financial year does not exceed rs.50,000/-. ..... , as it originally stood, requirement of deducting tax at source under sub section (1) would not apply in a case where any income is credited or paid by way of interest on compensation amount awarded by motor accident claims tribunal where the amount of such income or, the aggregate amounts of such income credited or paid during the financial year does not exceed fifty thousand rupees. .....
Tag this Judgment!Court : Mumbai
..... in the case of ramesh singh (supra), a justification for doing so was also laid down to the effect that, if a young man is killed in the accident, leaving behind aged parents, who would not survive long enough, to match with a high multiplier, provided by the 'second schedule', then, the court has to off-set such high multiplier ..... . accordingly, in appeal no.738 of 2015, though the age of the deceased at the time of the accident was 32 years, as the age of the parents, who are the only claimants, is stated to be 50 years, their age being higher than the deceased, depending on their age, the appropriate multiplier ..... would be reasonable to say that a person who is self-employed or is engaged on fixed wages will also get 30% increase in his total income over a period of time and if he/she becomes the victim of an accident then the same formula deserves to be applied for calculating the amount of compensation ..... the house of lords laid down the test that award of damages in fatal accident action is compensation for the reasonable expectation of pecuniary benefit by the deceased's ..... this case, a mother, who has lost her 22 years old son in a motor accident, has approached the hon'ble supreme court, being aggrieved by the inadequate compensation awarded ..... . in appeal no.756 of 2016, though the age of deceased kartik at the time of accident was between 21 to 25 years, as the age of his parents, who are the only claimants, was 55 and 53, taking their average age as 52 years, the appropriate .....
Tag this Judgment!Court : Mumbai
..... , 2007 acj 1105 has submitted that once the doctor, who is an expert, is examined by the claimants and once it is proved that the disability was due to injuries sustained in the accident are non scheduled was proved by a qualified medical practitioner all that was open either to the employer or to the insurance company is to bring evidence of rebuttal. ..... by the trial court, is modified to the extent that the compensation amount as awarded by the trial court to the tune of rs.6,39,680/- is reduced to rs.4,47,776/- with interest @ 12% per annum on the amount of rs.4,47,776/- from the date of the accident till the date of depositing the said amount in the court. 10. .....
Tag this Judgment!Court : Mumbai Nagpur
..... under section 17, if death or injury to any person (other than a workman) or damage to any property or environment has resulted from an accident or adverse impact of any activity or operation or process, under any enactment specified in schedule-i, the person responsible for it has to give such relief or pay compensation, as specified in section 17[1]. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... there is no dispute in between the parties on the following aspects:- (a) on 17.10.2006, the petitioner was discharging his duties as a driver and met with an accident. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the aforesaid claim petition was filed by one ansabai kishanrao pokale, claiming compensation on account of death of her son namely maruti pokale in a vehicular accident happened on 13th july, 1985 having involvement of a motor-cycle bearing registration no.mth-4620 owned by present respondent no.5 and insured with present respondent no.6 ..... driver of the st bus, had also adduced his oral evidence in order to substantiate that the alleged accident had happened not because of his negligence, but because of the negligence of respondent no.4, who was plying the motor-cycle at the relevant time. 5 ..... in aathwad ghat the motor-cycle colluded with st bus coming from the opposite direction and in the accident so happened, maruti pokhale suffered grievous injuries and ultimately died because of the said injuries. 3. ..... the present appeal is filed against the judgment and award passed by the motor accident claims tribunal, ahmednagar (for short the "tribunal") on 4th march, 1996 in m.a.c.p.no.119/1985. 2 ..... the quantum of compensation must, therefore, be ascertained on the basis of the fact that the mother of the deceased was alive on the date of the accident, and the right to sue for compensation accrued on said date. ..... further submitted that there was no reason for the tribunal to dismiss the claim petition even against the owner of the motor-cycle (respondent no.5) when the claimants have successfully proved that the alleged accident had happened because of the negligence of the motor-cycle rider. .....
Tag this Judgment!Court : Mumbai
..... wanted pregnancy is shared equally, however, when it is an accident or unwanted, then the man may not be there to share the burden but it may only be the woman on whom the burden falls. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the perusal of section 123(c)(2) and 124-a of the railways act 1989, it is clear that for claiming compensation on account of death suffered in a train accident, two things are to be established; one that the deceased was a bona fide passenger of the train, and the other that, he suffered the death ..... however, as i have discussed here-in-above, that the relatives and / or the legal representatives of the deceased came to know about the alleged accident later on, and much prior to that the ticket was recovered from the pant pocket of the deceased while conducting inquest panchnama and the personal search by the police persons in ..... in absence of any concrete evidence showing that the alleged accident happened because of negligence on the part of the deceased, it has to be inferred that the deceased sukhlal suffered the death in an untoward incident while ..... knowing as to at what point of time the alleged accident had occurred and at what point of time deceased might have ..... number, a phone call was made by a police person which was the number of one ravindra babulal barela who is the son in law of deceased sukhlal and he was informed about the alleged accident and about the death of the sukhlal. ..... be expected from the appellants to state and / or disclose in what manner the accident had occurred. ..... the initial burden cast on them to prove that the deceased was a bona fide passenger and further that he accidentally fell down from the train, and suffered death in the accident so happened. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the aforesaid claim petition was filed by the appellants seeking compensation, being the legal heirs and dependents of deceased dilip ratnaparkhi, who suffered death in a vehicular accident, happened on 27.10.1995 having involvement of a truck bearing registration no.grp-6633 insured with united india insurance co. ..... kishore dan (cited supra) has ruled that, - "salary receivable by the dependants in the motor accident claim petitions on compassionate appointment does not come within the periphery of motor vehicles act to be termed as "pecuniary advantage" liable for deduction. ..... the appellants have filed the present appeal seeking enhancement in the amount of compensation awarded by the motor accident claims tribunal, at aurangabad (for short, the tribunal) in macp no.138/1996 decided on 27.12.2000. ..... as was stated in the claim petition, age of deceased dilip, on the date of accident was 45 years and his monthly income by way of salary was stated to be rs.8,530/- per month. .....
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