Court : Mumbai Goa
..... however, shortly after the date of the accident, an accident claims tribunal came to be constituted under the amended provisions of section 110(a) and 110(f) of the motor vehicles act, 1939. ..... the expressions "arising out of an accident" occurring in sub- section (1) and "over the area in which the accident occurred", mentioned in sub-section (2) clearly show that the change forum was meant to be operative retrospectively irrespective of the fact as to when the accident occurred. ..... but if the accident occurred more than 60 days before the constitution of the tribunal then the bar of limitation provided in sub-section (3) of section 110a on its face was attracted. ..... if the accident had occurred within 60 days prior to the constitution of the tribunal then the bar of limitation provided in sub-section (3) was not an impediment. .....
Tag this Judgment!Court : Mumbai Goa
..... besides oral evidence of the parties, the claimants have produced and relied upon the contents of the fir, panchanama of scene of accident, postmortem report, certificate of driving licence of the respondent no.1, registration certificate, insurance cover note, income tax returns, marriage certificate, passing certificate and birth certificate vide exh. ..... the present appeal is directed against the judgment and award dated 28.7.2010 passed by the presiding officer, motor accident claims tribunal-ii, margao ( presiding officer for short) in claim petition no.186/2009 whereby the claim petition under section 166 of motor vehicles act filed by ..... for the reasons recorded above, i am of the opinion that the accident took place due to contributory negligence of respondent no.1 and deceased piedade carvalho and their negligence is estimated to the extent of 50%:50% in view of the above finding, i am of the opinion that the matter needs to be remanded ..... sketch show that there was curve on the road at the spot of the accident and the road appears to be spacious having 6.80 metres width. ..... parties are directed to appear before motor accident claims tribunal,ii margao on 27.4.2015 at 10.00a.m and abide ..... hence, according to these respondents the accident occurred due to negligence of the ..... at the relevant time of the accident the motorcycle was in a fast speed and, as such, the deceased could not control the vehicle on the curve and proceeded towards wrong side and dashed against the driver side .....
Tag this Judgment!Court : Mumbai Goa
..... the evidence on record, following points arise for my determination:-sr.no.points for determinationfindings.1)whether the learned presiding officer has selected the appropriate multiplier considering the age of the deceased on the date of the accident?no.2)whether the claimants are entitled to compensation of rs.2,00,000/- on account of pain and suffering?no.3)what order?appeal is partly allowed. 9. ..... the date of birth of the deceased proved to be 1.3.1963, she died on 24.9.2007, so as on the date of the accident the deceased nayan was aged 44 years, 6 months and 20 days and proper multiplier to be adopted in the case for person died between the age group of 41 years to 45 years is shown to be 14 as per directions in sarla verma ..... ltd, against the judgment and award dated 7.1.2012 passed by the presiding officer, motor accident claims tribunal-ii, margao ( presiding officer for short) in claim petition no.32/2010 whereby the claim petition under section 166 of motor vehicles act filed by the respondent nos.1 and 2 was partly allowed and ..... afonso, considering the age of the deceased at the time of the accident the appropriate multiplier to be adopted is 14 and not 15 as selected by the learned ..... when they reached near spot of the accident at that time a mini bus bearing ..... 3 has argued that at the time of accident and on the date of the filing of the petition both the claimants were major and they were not minor to consider the claim of compensation on account of loss of guidance of .....
Tag this Judgment!Court : Mumbai Goa
..... minor contradiction appearing in the evidence of above two witnesses because after the accident if the driver had taken some pause because of the accident in that event the witness must have thought that the truck stopped and ..... the present appeal is preferred by the appellants against the judgment and award dated 30.9.2011 passed by the motor accident claims tribunal, south goa, margao ( presiding officer for short) in claim petition no.130/1994 whereby claim petition under section 166 of motor vehicles ..... lodged, chargesheet is filed and specially in a case where driver after causing the accident had fled away from the spot, then the documents mentioned above are sufficient to establish the fact that the driver of the offending vehicle was negligent in causing the accident particularly when there was no defence available from his side before the learned tribunal. ..... is to be proved beyond reasonable doubt and in a civil case the matter is to be decided on the basis of preponderance of evidence, but in a claim petition before the motormac.app.750/2006 page 6 of 7 accidents claims tribunal, the standard of proof is much below than what is required in a criminal case as well as in a civil case. ..... following points arise for my determination:-sr.no.points for determinationfindings.1)whether the claimants have proved that the deceased shamu gangaram dhotre, died due to the accident which took place on 14.9.1993 at about 8.30p.m due to rash and negligent driving of the truck bearing no. .....
Tag this Judgment!Court : Mumbai Goa
..... this is a case where a frolic ride in a boat, turned into a tragic accident, resulting into death of a young medical student and seriously injuring the other. 3. ..... 4, yamanur harijan is the rider/mariner of the stationary boat, against which the bumper hit, resulting into the accident. 5. .....
Tag this Judgment!Court : Mumbai Goa
..... considering the arguments advanced by both the sides and on perusal of the entire evidence, the following points arise for my determination:-sr.no.points for determinationfindings1)whether the respondent no.3 proved that the accident took place due to negligence of the claimant herself?no.2)whether the compensation awarded to the claimant is exorbitant compare to the percentage of the disability caused to the claimant?no.3)what order?appeal is dismissed. 12 ..... the present appeal is preferred by the appellant against the judgment and award dated 21.07.2009 passed by the presiding officer, motor accident claims tribunal, salcete, margao ( presiding officer for short) by which the claim petition filed by the respondent no.1 herein is partly allowed and an amount of rs.3,24,750/- (rupees three lakhs twenty four thousand seven hundred ..... from the record it is seen that the claimant is young lady who was seriously injured in the accident and she was indoor patient till 25.8.2007 in the hospital at gmc and even thereafter the claimant was under medical treatment for a long ..... secondly, the learned advocate for the respondent no.3 has argued that the accident occurred due to the negligence of the claimant herself but the learned presiding officer has not considered this material ..... according to the claimant due to injuries sustained to her in motor vehicular accident she became permanently disabled, therefore, the claimant has claimed rs.7,00,000/- (rupees seven lakhs only) on all counts. .....
Tag this Judgment!Court : Mumbai Goa
..... order to have a conviction the matter is to be proved beyond reasonable doubt and in the civil case the matter is to be decided on the basis of preponderance of probability, but in the claim petition before the motor accident claims tribunal, the standard of proof is much below than what is required in the criminal case as well as in the civil case. ..... therefore, the documents referred to by the claimants are sufficient to establish the fact of the accident and the evidence adduced by the claimants is sufficient to establish the negligence on the part of respondent no.1 ..... against the judgment and award dated 03.11.2009 passed by the learned presiding officer of the motor accident claims tribunal, mapusa, by which the claim petition of the claimants has been dismissed. ..... on perusal of evidence of aw4 shamsundar, it appears that he has deposed that the accident has taken place near the house of the deceased and at that time, the wife of the deceased was near her house so the presence of aw1 has ..... as the documentary evidence on record, the learned tribunal has rejected the claim petition on the ground that the claimants have failed to prove that the accident took place due to rash and negligent driving of the driver/respondent no.1. 9. ..... the claimants/appellants by referring the evidence of aw1 and aw4 has argued that both the witnesses are the eye witnesses to the accident who have clearly deposed about the involvement of the bus in the accident by which the bus gave dash to the deceased. .....
Tag this Judgment!Court : Mumbai Goa
..... the claimant jitender filed the petition under the provisions of section 166 of the motor vehicles act and has claimed compensation on the ground that the accident occurred due to the negligence of the driver of the car of respondent no.1 as well as the rider of the motor cycle of respondent no.4 on which the claimant was a pillion rider ..... the criminal case is against the car driver and more specifically in clear words he has admitted that there was no fault on the part of the motor cycle rider in the accident which took place due to the fault of maruti esteem driver alone. 14. ..... on perusal of the same, it appears that though it is contended by the claimant that the accident occurred due to the negligence of the motor cycle rider i.e. ..... hence, looking to the situation appearing from the contents of the sketch and the spot panchanama, it appears that the accident occurred due to sole negligence of the car driver i.e. ..... , the learned counsel has argued that even as per the case of the claimant the accident occurred due to the negligence of both the drivers i.e. ..... according to the respondents, the accident occurred due to the negligence of respondent no.1 and at the time of the accident, respondent no.4/the motor cycle rider almost reached on the other side of the ..... the motor cycle was proceeding towards hospicio hospital from station road margao and the motor cyclist has almost crossed the chaukh/four-road junction and the exact spot of the accident is at the extreme end of the road i.e. .....
Tag this Judgment!Court : Mumbai Goa
..... the evidence on record, i am of the opinion that, the learned presiding officer, motor accident claims tribunal has rightly assessed the evidence and has dismissed the petition. ..... the oral evidence, the applicant has produced on record copy of complaint, panchnama, medical record, insurance policy, details of motorcycle accident report form, election i card, hurt certificate, disability certificate vide exhibit nos. ..... so, in fact, there is absolutely no evidence on record to show the exact spot of the accident, from which direction the applicant was proceeding, from which direction the motorcyclist reached at the spot and the correct side of the applicant as well as the ..... the rival pleadings of the parties following points needs to be determined.pointsfindings1) whether the applicant proves that the accident occurred due to rash and negligent driving of the motorcycle by the respondent no.3? ..... ulhas khot has stated about filing of the report of an accident and thereafter he went to draw the spot panchnama and sketch however motorcycle was not at the ..... hence, the petitioner has failed to establish that in the accident he received injuries due to which he became permanently disabled. ..... the negative 2) whether the applicant proves that in the accident he received injuries due to which he disabled permanently? ..... to the nature of the pleadings and claim and relief claimed by the applicant, the applicant has to establish first that an accident occurred due to negligence of the respondent no.3. .....
Tag this Judgment!Court : Mumbai Goa
..... the present appeal is directed against the judgment and award dated 15th june, 2011 passed by the presiding officer, motor accident claims tribunal, mapusa, ( presiding officer for short) by which the learned presiding officer has partly allowed the petition and granted compensation of rs.50,000/- (rupees fifty thousand only) with 8% interest to the claimants ..... 2 to 4 namely dwarkanth sirsat was walking on the road on the day of the accident i.e 28.11.2004 and at the relevant time of accident i.e at about 6.10.p.m the offending truck bearing no.ka-22-c-8292 driven by the respondent no.1 came towards wrong side and gave dash to the husband of the claimant no.1 namely dwarkanth sirsat ..... that the vehicle was insured as on the date of the accident, however it has denied the age and income of the ..... deposed as to the manner in which the accident occurred and the earning of the deceased dwarkanth sirsat ..... kanekar, aw2 is examined to prove the manner in which the accident occurred and aw4 faruk agha is examined as panch witness and witness madan phatarpekar, aw5 the motor vehicle inspector was examined to prove the accident report form. ..... the vehicle involved in the accident was driven by the respondent no.1, owned by the respondent no.2 and was insured with the respondent no.3, hence all of them were jointly and severally liable to pay compensation to ..... according to the claimants the accident occurred due to sole negligence of the respondent no.1 and there was no negligence on the part of .....
Tag this Judgment!