Court : Mumbai Goa
..... the learned presiding officer inasmuch as has framed nine issues relating to the accident, negligence of the deceased and regarding the breach of the terms and ..... the case may be stated as follows: the claimants/appellants have claimed total compensation of rs.10,00,000/- on account of death of their son manju kolkar in the motor vehicular accident which took place on 03.09.2008 at about 17.10 hours near samson bar. ..... resisted the claim petition on the ground that the accident occurred due to the fault of the deceased himself. ..... to prove the spot and location of the accident, the claimants/appellants have relied upon the evidence of ..... preferred by the original claimants against the judgment and award passed by the presiding officer of the motor accident claims tribunal, salcete, margao, in claim petition no. ..... to prove the manner in which the accident occurred, the claimants/appellants have relied upon the evidence of mira d'silva, lpsi and aw4 shabir ahmed murzawar, pillion ..... income prevailing at the time of the accident considered to be rs.3,000/- per month. ..... indicated in column (4) of the table read with paragraph 42 of the report in sarla verma is followed, the wide variations in the selection of multiplier in the claims of compensation in fatal accident cases can be avoided. ..... at the time of the accident, the deceased was 17 years old and was working as a waiter in the amori air-conditioned family restaurant and bar situated at colva road, per seraulim, salcete goa and he was earning rs. .....
Tag this Judgment!Court : Mumbai Goa
..... additional public prosecutor has next submitted that pw-12, head constable, prakash sinari had intimated about the accident to sanquelim and keri outposts and the vehicle was intercepted and detained immediately thereafter. ..... is submitted that this will go to show that there is nexus established between the accident, the vehicle and the respondent-accused, who was found to be driving the vehicle ..... the prosecution, the respondent was arrested on the same day, shortly after the accident and there is absolutely no reason for non-conduction of the identification parade. ..... pw-12, prakash sinari, head constable gave information about the accident to sanquelim and keri outposts and requested them to detain the said vehicle, ..... pw-6, deepak shetkar and pw-7, shambu khanekar had witnessed the occurrence of the accident and had noticed the registration number of the truck. ..... this witness also lodged a complaint (exhibit-34) of the accident on the same day at 17:05 hours, mentioning the name of the respondent, as by that time, the vehicle ..... , he learnt that his father had met with an accident at sastiwado, bicholim, near the house of one karapurkar and his father has been shifted to primary health ..... shetkar and pw-7, shambu khanekar have deposed about having witnessed the accident as they were proceeding on a scooter, behind the truck. ..... it appears that the information about the accident was given by pw-7 shambu khanekar to bicholim police station, where pw-12, prakash sinari, head constable, was station .....
Tag this Judgment!Court : Mumbai Goa
..... the present appeal is preferred by the appellant dissatisfied with the amount of the compensation granted by the judgment and order dated 22.12.2009 passed by the presiding officer, motor accident claims tribunal for the taluka of salcete, at margao( presiding officer ? ..... the claimant was about 43 to 44 years old at the time of the accident and as per the table at serial no.1 of the second schedule to m. v ..... when he reached at old goa bypass road, all of a sudden the front right side tyre of the vehicle burst, as a result of which, the claimant lost control over the vehicle and met with an accident with another vehicle owned and driven by the respondent no.1, i.e. ..... it is also contended that the accident occurred due to the negligence of the claimants as well as the respondent no.1 ..... according to these respondents accident occurred due to rash and negligent driving of the claimant himself ..... at the time of the accident vehicle were insured with the respondent ..... at the time of accident the claimant was aged about 44 years and earning rs.3000/- per month. ..... due to the accident he was taking ..... in the accident the claimant sustained grievous injuries, ..... taking judicial notice, the apex court has considered the earning of the driver of the vehicle to the accident to rs. ..... ground of the appeal only as regards to salary of the claimant therefore, the counsel appearing for the parties have concentrated their arguments only on the aspect of the salary of the claimant as on the date of the accident. 12. .....
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..... point for determinationfinding1whether the claimants have proved that the accident occurred due the negligence of the respondent no.1 while driving the motor vehicle?no2what order?appeal is dismissed with no order as to ..... first relating to the death of the deceased in the motor vehicular accident, second is the negligence on the part of respondent no.1 and third is the entitlement ..... 2 have resisted the claim petition and they have specifically denied the negligence of the respondent no.1 and further they have contended that the accident occurred due to the negligence of the deceased himself. ..... is directed against the judgment and order passed by the presiding officer, motor accident claims tribunal ii, south goa, margao, in claim petition no. ..... other hand, the respondent no.1 has deposed that the accident occurred due to the negligence of the deceased. ..... the above evidence, it appears that this witness has claimed to be an eye witness to the accident following the truck driven by respondent no.1. ..... the claimants say that the accident occurred due to the negligence of respondent no.1 and ..... with iron ore from usgao to anmod and when the said tipper truck reached at the spot of the accident, another tipper truck bearing registration no. ..... deceased kisan alias krishnappa chandru chavan filed the petition under the provisions of section 166 of the motor vehicles act and claimed compensation on account of death of the deceased kisan in the motor vehicular accident which took place on 17.01.2008. 4. .....
Tag this Judgment!Court : Mumbai Goa
..... in the pleading and the evidence of aw-1 there is no whisper about the negligence of the respondent no.1 still the respondent no.1 has entered into witness box and deposed that at the time of accident the mini bus was in a fast speed proceeding in the middle portion of the road. ..... it is pertinent to note that the claimants have not claimed / pleaded in their petition that at the relevant time of accident there was some negligence on the part of respondent no.1 while driving the car. ..... according to the claimants, the accident occurred due to negligence of the bus driver. 3. ..... after the accident bus went ahead about 32 mts. ..... so both the driver are claiming to be innocent and were not negligent at the relevant time of the accident. 9. ..... on the day of accident i.e. .....
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..... 9.it is seen from the record that the deceased was aged about 20 years at the time of accident, he died unmarried, therefore, looking to the observations in the case of sarlaverma and others vs. ..... however, it has admitted the contents of para nos.15 to 17 and it has further pleaded that the accident occurred due to negligence of the deceased himself. ..... 4.the respondent no.3 insurance company resisted the claim petition by filing its written statement at exh.25 and it has denied the age, occupation and income of the deceased the manner in which the accident is occurred and compensation claimed. ..... first issue relating to the manner in which the accident took place. ..... the accident occurred due to rash and negligent driving of bus by its driver respondent no.1. ..... the respondent no.3 admitted the insurance of the vehicle involved in the accident. ..... when he reached at the spot of accident i.e. .....
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..... the claim petition of the claimant is opposed by the respondent nos.1 and 2 and they have contended that the accident occurred due to the rash and negligent driving of the motorcycle by the claimant himself. ..... during the cross examination he has admitted that prior to the accident he was making one coffin per day but after the accident and the injuries now he is making one coffin in a three days. ..... the present appeal is preferred by the appellant/original claimant against the judgment and award dated 28.7.2007 passed by the presiding officer, motor accident claims tribunal, salcete, margao, ( presiding officer for short) in claim petition no. ..... at the relevant time the car involved in the accident was insured with the respondent no.3. ..... it is further contended that the accident occurred, almost on middle portion of the road. ..... it is their contention that the accident occurred due to the negligence of the claimant. ..... prior to the accident, the claimant was doing the business of carpentry since the year 1980. ..... the accident took place between two vehicles, therefore, owner and the insurer of the motorcycle are also necessary parties. ..... in the accident both claimant and his minor daughter received injuries. 4. ..... aspect, i am of the opinion that the learned presiding officer has determined and fixed the monthly earning of the claimant on the basis of guess or he has considered a notional income of the claimant at the relevant time of the accident. 19. .....
Tag this Judgment!Court : Mumbai Goa
..... the only points to be determined in the present appeal is:sr.no.points for determinationfindings1)whether the claimants have proved that accident which took place on 1.6.2009 due to the rash and negligent driving of the car bearing registration no. ..... present appeal is preferred by the appellants/original claimants against the judgment, order award dated 9.3.2011 passed by the presiding officer, motor accident claims tribunal, north goa, mapusa, ( presiding officer for short) in caim petition no. ..... we find that the claimant has miserably failed to prove that the accident occurred due to the rash and negligent driving of the hyundai getz car bearing ..... the observation of the above cited judgment more appropriately applicable to the facts of the present case resultantly, i find that the evidence adduced on behalf of the claimants is not sufficient to hold that the accident occurred due to the negligence of the car driver, the respondent no.1. ..... , it is basically for the claimants to establish that the accident occurred due to the negligent driving of the respondent no.1. 13 ..... it is only pleaded by the claimants that the accident took place due to the negligence of the respondent no.1 and this pleadings of the claimants have been ..... only this but factum of the accident itself is denied by all the ..... naik, and others) and particularly, paragraph 33 which reads as under:- we are aware of the loss suffered by the claimant due to injuries sustained in the unfortunate accident which took place. .....
Tag this Judgment!Court : Mumbai Goa
..... on record and upon hearing both the sides the following points arise for my determination in the above appeals.points for determinationfindings1whether the claimants have proved that the accident took place due to the composite negligence of the drivers of both the vehicles?no2whether the respondent nos. ..... perusal of the petition at exhibit 1 in both the petitions, there is no pleading of the claimants that the accident occurred due to the composite negligence of both the drivers or there was negligence on the part of the bus ..... tribunal constituted under section 165 read with section 168 is empowered to adjudicate all claims in respect of the accidents involving death or of bodily injury or damage to property of third party arising in use of motor vehicle. ..... of any pleadings and evidence, one cannot jump and reach to the conclusion that the accident occurred due to the composite negligence of the respondent nos.1 and 4 i.e. ..... are arising out of the judgment and award passed by the motor accident claims tribunal, mapusa, dated 21.05.2012 passed in claim petition nos. ..... that by the evidence of rw1 yeshwant rasaikar, the divisional manager of respondent no.3 and rw2 shri a babu, motor vehicle inspector, respondent no.3 has established that at the relevant time of the accident, the truck driver was not holding driving licence. ..... for respondent no.6 that even as per the pleadings and evidence of the claimants, the accident occurred due to the negligence of the truck driver/respondent no.1. .....
Tag this Judgment!Court : Mumbai Goa
..... the present appeal is directed against the judgment and award dated 30.04.2009 passed by the presiding officer of the motor accident claims tribunal- iii, south goa, margao, by which the claim petition of the claimant was partly allowed and the ..... kakodkar, learned counsel appearing for the appellant/claimant has submitted that the vehicle involved in the accident was light commercial vehicle and the respondent no.1 was holding driving licence to drive light motor vehicle ( ..... was being driven in rash and negligent manner by its driver and the accident occurred due to rash and negligent driving of the vehicle bearing registration no. ..... 1 :- on perusal of the evidence on record, it is established by the claimant that in the accident she received injuries due to which she is permanently disabled of 3% and this fact is seen from the evidence ..... that the respondent no.1 was not holding a valid driving licence to drive light motor vehicle (non transport) and it was valid till 06.09.2027 whereas the vehicle driven and involved in the accident was light commercial transport vehicle. ..... after the accident, the claimant was further dragged ..... in the accident, the claimant sustained injuries due to which she ..... at the spot of the accident at about 11.45 a.m. ..... exonerated the liability of respondent no.3 on the ground that the respondent no.2 committed breach of terms and conditions of the policy as the respondent no.1 was not holding a valid driving licence to drive vehicle involved in the accident. 7. .....
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