Court : Mumbai Goa
..... unfortunately, she suffered an accident and in the absence of any other grown up male member in the family she was persuaded by her brother lawrence to come and reside in his apartment which was one of the flats in ashoka apartments and which .....
Tag this Judgment!Court : Mumbai Goa
..... she was due to answer the examination in april, 2000, in respect of the said course, during that time, she met with a severe accident. .....
Tag this Judgment!Court : Mumbai Goa
..... he further pointed out from the sketch which is part of exhibit 18 colly that the maruti van had completely turned its direction after the accident and was facing margao side, whereas, the pick-up had gone off the road. ..... though, the learned tribunal worked out the total compensation at rs.2,02,000/-, however, since the claimants failed to prove that the accident had occurred on account of the fault of the respondent no.1, the claim petition came to be dismissed. 11. ..... in my view, therefore, the learned tribunal has rightly held that the accident had occurred on account of the fault of the deceased, hanil gomes and not on account of the fault of respondent no.1. 19. ..... merely because, cw.2 , adrian menezes, then head constable deposed that his inquiry revealed that the accident had occurred on account of the fault of respondent no.1, that is not sufficient to hold that the accident had occurred due to the fault of respondent no.1. 17. ..... the fact that the maruti van after the accident is found on the right hand side of the road, if one proceeds from margao to canacona would show that the same had come on the wrong side. 16. ..... sudhir as rw.1, shri vinod zacharia, one of the panch witnesses for the panchanama of scene of accident and sketch as rw.2 and an eye witness shri ashok patil as rw.3. 10. ..... besides the above, the panchanama of the scene of accident and the sketch at exhibit 18 colly proved by rw.2, vinod zacharia lends support to the testimonies of both the above witnesses. 18. .....
Tag this Judgment!Court : Mumbai Goa
..... the learned tribunal has rightly placed reliance on the evidence of cw.1, the claimant and has rightly held that the accident was caused while the tempo trax jeep had taken a right turn and the accident occurred due to the rash and negligent driving of the trax jeep by respondent no.1. 15. ..... above evidence on record, it is duly proved that the claimant was earning net salary of rs.4770/- and on account of the injuries sustained in the said accident, he was forced to go on leave, commuted or otherwise, for about three and half months. ..... as is shown on the sketch is not the same which was existing at the time of the accident but the same was after the vehicle was moved by the respondent no. 1. ..... the vehicle in favour of respondent no.1 as on the date of accident and as such, it was not liable to pay compensation. ..... respondent no.1, otherwise, denied that the accident was caused due to his rash ..... from the sketch of the scene of accident, it is revealed that the front left side tyre of the trax jeep was at the distance of 6.60 metres from the extreme left side edge of the road whereas the left rear tyre of ..... his vehicle and at that time the claimant drove his scooter in a rash and negligent manner and gave dash on the rear side of the said stationary trax jeep thereby causing the accident and damages to the vehicle of respondent no.1. ..... is directed against the judgment and award dated 22/03/2007 passed by the learned presiding officer, motor accident claims tribunal, panaji in claim petition no. .....
Tag this Judgment!Court : Mumbai Goa
..... the learned magistrate disbelieved the evidence of pw3/vasu gawas, the driver of the car, observing that the sketch at exhibit 10 shows the distance between the spot of the accident and the edge of road to be 1 meter and since the car would at least be two metres wide the tanker could not have come on the extreme right to hit the car as is claimed ..... now, if the car had already overtaken a trailer a kilometer away from the spot of accident and when the tanker was coming from the opposite side, there should obviously be no chance of an occupant in the cabin of tanker to see the car overtaking ..... case, the learned trial magistrate seems to have totally ignored the natural possibilities and the manner in which the accident could have taken place while rejecting the evidence of three eyewitnesses. ..... pointed out by the learned additional public prosecutor pw3 and pw6 did not state that the accident occurred when the car was in the process of overtaking the trailer. ..... considering the fact that a life has been lost in the accident, in my view, following sentence should meet the ends of justice: the appeal ..... those are: firstly, all the circumstances, including the objective circumstances constituting the accident, from which the inference of guilt is to be drawn, must be firmly ..... he claimed that tanker no.6289 came to halt after the accident and that he went to the driver of the tanker no.6289, who then informed their master of the incident and their master then came and took him for medical .....
Tag this Judgment!Court : Mumbai Goa
..... charge-sheet shows that the victim was serving in the factory of which the petitioner was factory manager and an accident occurred in which the victim suffered injuries which led to her death. ..... moreover, it is also required to be considered that one of the persons whose two sons expired has very fairly stated in his statement that the said incident was an accident and he does not want to blame anybody for the same. ..... such is not the case in the instant matter as the incident has taken place purely by accident and there was no intention to harm any child. ..... the incident has taken place purely by accident, without there being any intention of any person to cause any harm to any child. .....
Tag this Judgment!Court : Mumbai Goa
..... oral judgment: this appeal by owner of motor car bearing no.ga-02-1076 which was involved in accident on 17/10/2003, questions the award by the learned presiding officer of the motor accident claims tribunal, margao directing payment of compensation of rs.2,07,000/- with interest at the rate of 9% per annum to ..... observed by the learned presiding officer of the tribunal, the licence was renewed after the accident on the same day and, therefore, at the time of the accident respondent no.1 did not hold a valid and effective driving licence. ..... even as regards the finding of the tribunal that the accident occurred on account of respondent no.1's fault, there is nothing to show that the finding ..... thus, the fact that at the time of accident respondent no.1 did not hold an effective driving licence cannot be ..... evidence clearly points to the fact that the accident occurred on account of negligence of respondent ..... of this, no fault can be found with the award passed by the learned presiding officer, motor accident claims tribunal, margao. ..... the accident occurred because respondent no.1 was allegedly talking on mobile phone while driving ..... that respondent no.4 was entitled to recover the amount paid by it from respondent no.2, since there was a breach of terms of policy as respondent no.1 did not hold an effective and valid driving licence at the time of the accident. ..... claimed that there was no rashness or negligence on his part and that he was having valid driving licence on the date of accident i.e. .....
Tag this Judgment!Court : Mumbai Goa
..... according to the petitioner it was a pure and simple accident and there was no rashness and negligence on his part in driving the car. 4. ..... the brief facts of the case are that on 14th january, 2011 an accident occurred at paddi bus stop between two vehicles i.e. ..... he had come to goa on a holiday where the accident described above took place. .....
Tag this Judgment!Court : Mumbai Goa
..... attention of this court was invited to the evidence of all the investigating officers namely aw.3, aw.4 and aw.5, which reveals that there was no eye witness to the accident and even the criminal case, which was against unknown person, was closed as a final . ..... the learned claims tribunal, upon analysis of the entire evidence on record, concluded that the accident had occurred due to the rash and negligent riding of a motorcycle by its rider. ..... this happens to be a pure hit and run motor accident, arising out of the use of a motor vehicle, the identity whereof could not be ascertained, though efforts were made, for that purpose. 19. ..... if the said vehicle was involved in the said accident, then as owner thereof, the respondent would be liable to pay compensation. 13. ..... however, the claims tribunal further held that the claimant failed to prove that the respondent or his motorcycle was involved in the accident, due to which the claim petition came to be dismissed. ..... as against the evidence of the appellant(aw.1), on one side, to the effect that it was the respondent who had caused the accident, there is evidence of respondent (rw.1) himself, on the other side, which clearly reveals that he was not involved in the said accident and that his t.v.s. ..... aw.1 says that the accident had occurred on the pavement in front of the all india radio building (akashvani kendra) whereas according to aw.5, the accident took place on the road near all india radio, altinho and not on the pavement. 17. .....
Tag this Judgment!Court : Mumbai Goa
..... pw4 to pw9 are passengers in the bus who sustained injuries on account of the accident. .....
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