Court : Mumbai Goa
..... in para no.1 of the written statement, it is contended by respondent no.3 that the liability under the aforesaid policy of insurance for purported accident on 11/09/2006 is governed by its terms and conditions and relevant provisions and exceptions of the motor vehicles act, 1988. ..... this witness being the branch manager of the insurance company has deposed about the requirement of the rule 3 of the central motor vehicles rules, who has no personal knowledge about the fact of the accident, whether the respondent no.2 was holding driving licence or otherwise whether the 'l' plate was displayed or otherwise. 18. ..... afonso, the learned counsel for the appellant has argued that at the relevant time of the accident the respondent no.1 driver of the scooter was holding learner's licence and, therefore, as per the motor vehicles rules such person is authorised to drive the vehicle only in presence of the person accompanying with him holding a ..... present appeal is directed against the judgment and award passed by the presiding officer of the motor accident claims tribunal, mapusa-goa in claim petition no.16/2007 dated 30/09/2008 by which the claim petition is partly allowed and the respondents no.2 and 3 are held to be jointly and severally liable to pay the compensation as mentioned in the ..... hence, looking to the above situation, it appears that at the relevant time of the accident respondent no.1 was holding learning licence and respondent no.2, pillion rider was holding a driving licence. 16 .....
Tag this Judgment!Court : Mumbai Goa
..... the present appeal is preferred by the original respondent no.1 against the judgment and the award passed by the presiding officer, motor accident claims tribunal, panaji, in claim petition no.33/2007 dated 3rd june, 2010 by which, the claim petition of the petitioner is partly allowed and the compensation of rs. ..... the respondent no.2-insurance company took a plea that the claimants are the legal representatives of the deceased shivaji, who himself was the owner of the vehicle, involved in the accident and, therefore, they are not entitled for the compensation. ..... admittedly, the deceased was the owner of the vehicle involved in the accident and the learned tribunal has held that the accident occurred due to negligence of the driver-respondent no.1. ..... an owner of a vehicle can only claim provided a personal accident insurance has been taken out. ..... the spot of accident was barely 30 metres away from the traffic island on the national highway no.17 from porvorim towards panaji. ..... in the accident, deceased shivaji sustained grievous injuries and succumbed to them before admission in g.m.c. .....
Tag this Judgment!Court : Mumbai Goa
..... the present appeal is directed against the judgment and award passed by the presiding officer of the motor accident claims tribunal, margao in claim petition no.167 of 2008 dated 29th april, 2010, by which the claim of the ..... provisions of sections 147 and 165 of the motor vehicles act, the petition before the motor accident claims tribunal, was not maintainable and accordingly the learned presiding officer has rightly dismissed it. mr. ..... contended that the bus was insured with the respondent no.3 at the relevant time of the accident and the insurance was transferred in the name of the respondent no.4 with effect from 10.3.2008 ..... and 2 and brother of the claimant no.3 namely prasad nagu naik, due to motor vehicle accident, which took place on 18.5.2008 at about 18.30 hours near railway over bridge, curchorem, goa ..... (ii) the finding recorded by the presiding officer of the motor accident claims tribunal to issue no.5-a is set aside and the claim petition is partly ..... on record and upon hearing both sides, the following points arise for my determination:- (i) whether the risk of the conductor/deceased was covered at the time of the accident, in view of the insurance policy issued to respondent no.2 and 4? . ..... when the bus reached at the spot of accident, it turned turtled on its cleaner side/left side on the upper slope approaching the ..... advocate appearing for the insurance company, has argued that admittedly the deceased was the conductor, who died in the motor accident is not the third party. .....
Tag this Judgment!Court : Mumbai Goa
..... first relating to the negligence of the respondent no.1, second relating to the death of the deceased due to the injuries sustained to him in the accident and third relating to the entitlement of the compensation and its extent. ..... the respondent no.3 also contested the petition on the ground that the accident occurred due to the negligence of the driver of the maruti zen car alone. ..... sr.no.points for determinationfindings1whether the claimants have proved that the accident occurred due to the sole negligence of respondent no.1 and there was no negligence on the part of the car driver?no2whether the amount of compensation awarded to the claimants is just and reasonable?no3what order?appeal is partly allowed. 10. ..... looking to his evidence, it appears that on the date of the accident, this witness ramdas cw2 and the deceased sushant were going from public cafe towards upper bazar, and for going to upper bazar, they had to cross dada vaidya chowk and go to the lane ..... on perusal of the sketch, it appears that the spot of accident is exactly shown in a square on the road from old bus stand towards upper bazar. ..... the present appeal is filed by the original claimants against the impugned judgment and award passed by the learned presiding officer of the motor accident claims tribunal, panaji, in claim petition no. .....
Tag this Judgment!Court : Mumbai Goa
..... from the facts set out in the petition, it reveals that the first information report regarding the alleged offence of the accident punishable under sections 279 and 337 of the indian penal code took place on 24.3.1998 almost about 17 years. ..... haldankar in respect of an accident at peddem, maupsa at mapusa police station. .....
Tag this Judgment!Court : Mumbai Goa
..... the driver and the owner of the vehicle have contested the claim and it was their defence that at the time of the accident, it was raining heavily and the deceased was riding the motor cycle facing the ground on account of the heavy rain. ..... consequently, there was dash between the rickshaw and motorcycle and in the accident the deceased received serious injuries and succumbed. ..... the present appeal is presented by the original respondent no.3 insurance company against the judgment and award passed by the presiding officer of the motor accident claims tribunal, mapusa in claim petition no. ..... case may be stated as follows: on 01.07.2009 the husband of the claimant no.1 and father of the claimant nos.2 and 3 was proceeding on a bajaj pulsar from pirna towards cansa thivim and when he reached at the spot of the accident at keli pirna, at about 12.35 p.m. ..... the respondent no.2 has not complied with the mandatory provisions of law and the deceased contributed to the accident. .....
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..... the learned counsel further points out that the petitioner had suppressed the fact that he was involved in a motor accident, which fact was not disclosed in the attestation form and, as such, the impugned order passed by the respondent is justified ..... the petitioner, accordingly, attended the proceedings on 20th march, 2014 before the learned magistrate, wherein, being a minor motor accident, the petitioner pleaded guilty and paid a fine of rs.1,000/- for the offence punishable under section 279 and a fine of rs.1,000/- for the offence punishable under section 337 of the ipc ..... apart from that, the fact that the petitioner was not sufficiently educationally qualified nor that he did not understand the consequences of the stand taken in the proceedings initiated due to the motorcycle accident can also weigh on the respondent whilst taking a decision whether there is suppression of facts by the respondent. ..... the petitioner was not aware of the consequences of making such a statement though, according to the petitioner, the incident involved was a minor accident, whereby the motorcycle of the petitioner dashed against another motorcycle near lake, revora, bardez, goa. ..... , as the petitioner was found qualified for the job of driving the motor vehicle in the office of the respondent and passed the driving test, we find that merely because of his involvement in a minor motorcycle accident would not, in any way, disqualify the petitioner from continuing in the services of the respondent. .....
Tag this Judgment!Court : Mumbai Goa
..... it is obvious that such an obligation of the employer would not arise under section 4-a sub-section (2) if he totally disputes his liability to pay on grounds like the injured person being not his employee or that the accident was caused to him at a time when he was not in the course of employment or that the accident caused to him did not arise out of his employment. ..... subsequently, the present appellant came to be arrayed as opponent no.2 as the appellant had insured the risk arising out of the use of the said truck and the accident had occurred during the course of the validity of the insurance policy. ..... whether it would be one month from the date of occurrence of the accident, as has been held by the learned commissioner or the date of the award, as is claimed on behalf of the ..... , even in such a case, once an award is passed, the liability will relate back to the date of occurrence of the accident and if the amount is not paid within one month, interest would start from one month after the date of occurrence of the accident as has been held by the learned commissioner. 11. ..... 's compensation commissioner has held that the compensation fell due and payable on 12/04/2004 as provided under section 4a of the act and as compensation is not paid within a period of one month from the date of the accident, interest has rightly been granted from 12/04/2004. ..... appears to be clearly an error arising out of accidental slip or omission, in as much as the accident itself had occurred on 12/04/2004. .....
Tag this Judgment!Court : Mumbai Goa
..... it is material to note that there is no serious dispute about the employment of the deceased so also regarding his age at the time of the accident as he was aged about 48 years and was serving in mormugao port trust at vasco. 11. ..... the present appeal is preferred by the original claimants, dissatisfied with the amount of compensation awarded to them by the presiding officer of motor accident claims tribunal iii, south goa, margao, in claim petition no. ..... the claimants/appellants have proved the salary of the deceased to the extent of rs.15,513/- per month and such income is a fixed income of the deceased and at the time of the accident the deceased was aged about 48 years. ..... at the relevant time of the accident, the respondent no.2 drove the truck in a rash and negligent manner and when it reaches at the spot of the accident at meta strip, the truck gave dash to the scooter of the deceased from behind. ..... and the claimant no.1 has deposed to that effect in her oral evidence in view of the provisions of order 18 rule 4 of the civil procedure code and in para 11 of her affidavit she has stated that at the time of the accident her husband was 48 years old. ..... at the time of the accident, the deceased was earning rs.15,513/- per month by way of salary. ..... the respondent no.2 was not holding driving licence at the time of the accident. .....
Tag this Judgment!Court : Mumbai Goa
..... it is an admitted fact that the claimant/appellant met with an accident due to the driving of the vehicle by the respondent no.1 and owned by the ..... 84/2000 in connection with very same accident under section 163-a of the motor vehicles act and the learned presiding officer of the motor accident claims tribunal by its judgment and award dated 16.09.2003 dismissed the petition on the ground that the claimant/appellant has not suffered ..... the learned presiding officer of the motor accident claims tribunal, has dismissed the petition mostly on the ground that the subsequent ..... the learned presiding officer on issue no.3 read thus: a bare reading of section 163-a would show that the claimant is entitled for compensation under this section only in case of a death or permanent disablement due to the accident arising out of use of motor vehicle. ..... appellant had returned from the school along with other children and was on the side of the road, at that time the respondent no.1 who was driving the vehicle involved in the accident gave dash to the claimant/appellant. ..... is preferred by the original claimant against the judgment and award dated 20.10.2009 passed by the learned presiding officer of the motor accident claims tribunal, panaji, in claim petition no. ..... under the provisions of section 163-a of the motor vehicles act and in that petition, the learned presiding officer had framed three issues namely: (1) whether the claimant proves that the accident occurred on 17.08.2000 at about 1.30 p.m.? .....
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