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 Goa
..... in shila datta (supra), their lordships also formulated questions which arose for their consideration in regard to the position of an insurer under the act namely the insurer can contest the motor accidents claim on merits, in particular, in regard to the quantum, in addition to the grounds mentioned in section 149(2) of the act for avoiding liability under the policy of insurance and whether an insurer can ..... in this appeal filed by the insurer challenging the judgment and award passed by the learned motor accidents claims tribunal, north goa, panaji ("the tribunal" for short) in the claim petition no.93 of 2013, the respondents have raised a preliminary objection to the very maintainability of the appeal under ..... insurer on the ground that since it had failed to move an application under section 170 of the act, it was not open to the appellant to challenge the award of the motor accidents claims tribunal, hoshangabad, except on the grounds provided under section 149 of the act. ..... the insurer filed an application before the motor accidents claims tribunal under section 170 of the act seeking permission to cross-examine the claimants and their witnesses which was rejected on the ground that the owner ..... these provisions were to show that an award by the tribunal could not be seen as an adversarial adjudication between the litigating parties to a dispute, but a statutory determination of compensation on the occurrence of an accident, after due enquiry, in accordance with the statute. 13. .....
Tag this Judgment!Court : Mumbai Goa
..... this is because, the appellant was earning monthly salary of rs.15,605/- at the time of the accident, while the salary in november, 2009 was stated to be rs.36,000/-, which has come in the cross examination of the ..... and 2 in the affirmative, holding that the appellant had suffered grievous injuries, resulting in permanent disability, in the accident, which occurred due to the rash and negligent driving of the truck by the respondent no. 1. ..... is an appeal challenging judgment and award dated 26.02.2010, passed by the motor accident claims tribunal (the tribunal, for short) at panaji in claim petition no. ..... the claimant proves that as a result of the said accident, he sustained grievous injuries resulting in permanent disability? 3. ..... has come in the evidence of the appellant that he was aged 42 years on the date of the accident and has suffered 90% permanent disability. ..... whether respondents prove that the accident was caused solely due to the rash and negligent driving of the ..... further, according to the appellant, the accident occurred due to the rash and negligent driving of the truck by respondent no. ..... it was claimed that the accident was a result of the rash and negligent driving of the appellant himself ..... it was denied that the accident was caused due to rash and negligent driving of the respondent ..... impugned judgment, the tribunal has awarded compensation of rs.25,000/- to the appellant/ claimant in respect of permanent partial disablement, resulting out of a vehicular accident. 2. .....
Tag this Judgment!Court : Mumbai Goa
..... at one time the learned presiding officer disbelieved the case of the appellant that the excise licence to run the bar was subsequent to the date of accident and yet in the same breath held that she would face no difficulty to sit at a liquor bar and to conduct the business to hold that there would be no future loss of income. 16 ..... learned presiding officer of the tribunal had examined the excise license produced by her authorising her to sell liquor but was swayed by the fact that the accident had occurred prior to that date and concluded that there was no documentary evidence to prove that she was earning rs. ..... this is an appeal by the original claimant challenging the judgment and award dated 11/12/2009 passed by the learned motor accident claims tribunal, margao ( the tribunal for the short) by which the learned presiding officer secured her partly with the compensation and without appreciating her case in its proper ..... partial permanent disability being a person's inability to perform all the duties and bodily functions that he could perform before the accident, though he could be able to perform some of them and is still able to engage in some gainful activity. ..... so far as the evidence is concerned on the aspect of earning and the quantum of compensation, it is not out of place to advert to the evidence of appellant/claimant herself who had stated on oath that prior to the accident she was an agriculturist, doing household work and also running a bar and thereby earning rs. .....
Tag this Judgment!Court : Mumbai Goa
..... at the outset, it is necessary to mention that, the fact that the vehicle met with an accident and at the time when the accident occurred, a person not having a valid driving license was driving the vehicle, is not disputed. ..... during the course of investigation, it was revealed that at the time of accident, the bus was driven by one prathamesh pangam, who was not holding a driving license. ..... , the said vehicle met with an accident at valpoi in respect of which, an offence at crime no. ..... at the time of the accident, there were about 35 passengers, mostly school going children in vehicle, in which, 29 passengers were injured. 5. ..... prathamesh pangam, who boarded the bus en-route, took the bus to valpoi, when the accident occurred. ..... naik had driven the vehicle on the first trip from hivrem and on the way from thana to hivrem, prathamesh pangam took charge of the bus and drove the bus towards valpoi, when the accident occurred. ..... it is only by providence that there were no casualties in the accident. ..... it is submitted that fortunately, there were no casualties in the accident. .....
Tag this Judgment!Court : Mumbai Goa
..... 15/2013, which is pending before the motor accident claims tribunal, panaji, goa. ..... 3 before the motor accident claims tribunal, is challenging the order dated 11.08.2015, by which application filed by the petitioner for taking the written statement on record has been rejected. 3. ..... 1 and 2 are seeking compensation of rs.2,00,000/- for the death of one gurudas ekawade in a vehicular accident. .....
Tag this Judgment!Court : Mumbai Goa
..... :- on 29.3.2013 at about 19.30 hours, within the jurisdiction of respondent no.2, the petitioner drove his motorcycle in a rash and negligent manner and when the petitioner and the pillon rider/ respondent no.3 reached near the spot of the accident, the motorcycle gave dash to one scorpio jeep, due to which the petitioner as well as the respondent no.3 fell down and sustained grievous injuries, therefore, offence punishable under sections 338 and 279 of ipc came .....
Tag this Judgment!Court : Mumbai Goa
..... as against this, it is the specific case of the claimants' that when the deceased was riding on the scooter and at the spot of the accident, the tanker gave a dash to the scooter due to which he fell down and came under the rear wheel of the tanker. 13. ..... 1 and 2, the appellants have specifically contended that the vehicle was not involved in the accident and the deceased herself fell down on the road and due to slope, she rolled down and came near the rear wheel of the tanker. ..... if at all the vehicle of the respondents/appellants was not involved in the accident, then it was not possible to have a crush injury to the deceased. ..... with a claim petition in terms of section 166 of the motor vehicles act, 1988, a tribunal stricto sensu is not bound by the pleadings of the parties; its function being to determine the amount of fair compensation in the event an accident has taken place by reason of negligence of that driver of a motor vehicle. ..... in addition to the oral evidence, the claimants have relied and placed on record copy of fir, accident report, inquest panchanama, post mortem report vide exhibit 22 to 25, insurance policy, registration certificate vide exhibit 26 and 27, death certificate exhibit 29, marriage certificate exhibit 30, birth certificate exhibit 32 and copy of driving licence at exhibit 33, copy of the salary certificate vide exhibit 44, copy of the panchanama of the scene of accident at exhibit 49, school leaving certificate of the deceased at exhibit 53. 8. .....
Tag this Judgment!Court : Mumbai Goa
..... as against this, it is the specific case of the claimants' that when the deceased was riding on the scooter and at the spot of the accident, the tanker gave a dash to the scooter due to which he fell down and came under the rear wheel of the tanker. 13. ..... 1 and 2, the appellants have specifically contended that the vehicle was not involved in the accident and the deceased herself fell down on the road and due to slope, she rolled down and came near the rear wheel of the tanker. ..... if at all the vehicle of the respondents/appellants was not involved in the accident, then it was not possible to have a crush injury to the deceased. ..... with a claim petition in terms of section 166 of the motor vehicles act, 1988, a tribunal stricto sensu is not bound by the pleadings of the parties; its function being to determine the amount of fair compensation in the event an accident has taken place by reason of negligence of that driver of a motor vehicle. ..... in addition to the oral evidence, the claimants have relied and placed on record copy of fir, accident report, inquest panchanama, post mortem report vide exhibit 22 to 25, insurance policy, registration certificate vide exhibit 26 and 27, death certificate exhibit 29, marriage certificate exhibit 30, birth certificate exhibit 32 and copy of driving licence at exhibit 33, copy of the salary certificate vide exhibit 44, copy of the panchanama of the scene of accident at exhibit 49, school leaving certificate of the deceased at exhibit 53. 8. .....
Tag this Judgment!Court : Mumbai Goa
..... considered view, the evidence of the appellant and aw3, who, in my opinion, has rightly been held as a chance witness, does not establish the manner, in which the accident occurred much less the negligence of the first respondent even on preponderance of probability. ..... , in view of the finding that the appellant failed to prove that the accident occurred due to negligence of the first respondent, the petition came to be ..... considered view, it is not possible to visualise the manner, in which the accident could have occurred in the context of the normal human conduct and probabilities. ..... it has to be shown that the manner, in which the accident occurred and the attending circumstances and the evidence led, leads to a reasonable probability of the accident having occurred, due to the negligence of the driver/ rider of ..... submitted that the entire story as put forth by the appellant of the manner, in which the accident occurred, is not trustworthy and one inspiring confidence. ..... appeal, the appellant/ claimant is challenging the judgment and award dated 30/11/2009, passed by the motor accident claims tribunal, margao in claims petition no.243/2007. 2. ..... in his evidence, has stated that he was riding as a pillion rider on the motorcycle and as a result of the accident, his brother and he himself fell down. ..... the witness states that the accident occurred on tar road towards left hand side of the road, if one proceeds from margao to cuncolim, about one metre away from the right hand side edge of the .....
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