Court : Mumbai Goa
..... by the impugned judgment and order dated 21st august, 2008, the motor accident claims tribunal (mact), has allowed claim petition no.83/2005 and awarded compensation of rs.61,000/- to respondent no.1, including the amount of no fault liability already granted to him, with 9 % interest upon it. ..... she submits that neither spot panchanama nor sketch on record shows the exact spot of accident on a road, which was narrow and having a slight curve towards right. 6. ..... it is pointed out that the appellant immediately, after the accident, stopped his fire tender by the side of road, stopped a municipal jeep which was coming behind his vehicle and brought the claimant to hospital where he was treated. 9. ..... he further deposed that at the spot of the accident, the motorcycle rider, as well as the fire tender driver, could have seen each other. 13. ..... road, at the spot of the accident, was narrow and the accident took place soon after the turn. ..... he has claimed that the accident took place when he brought his vehicle from katcha road back on the left side edge of tar road. ..... the said court has found that prosecution could not establish the offences and in any case, it was an accident, arising out of contributory negligence. ..... the facts leading to the accident are not much in dispute. ..... however, a mere injury in an accident, by itself, does not entitle claimant to seek damages from the appellant. ..... coming to the second question, the injuries sustained by respondent no.1 in the accident are not in dispute. .....
Tag this Judgment!Court : Mumbai Goa
..... the respective counsel, i find that the following points arise for determination of this court :- (i) whether the claimants have established that the accident occurred on account of rash and negligent driving of bus of appellant by bus driver? ..... arguments of advocate shri desai, he submits that the motor accident claims tribunal has decided issue nos.1, 2, 3 and 5 ..... desai, learned counsel, has fairly pointed out that the motor accident claims tribunal has erred in applying a lower multiplier. ..... all these facts are looked into by motor accident claims tribunal while recording answers to issue nos.1 ..... out that the multiplier to be used should have been 11 and the motor accident claims tribunal should have not used 8 as multiplier. ..... proceedings arise out of the judgment delivered on 01.09.2008 by motor accident claims tribunal, at margao, in claim petition no.217 of 2005 ..... raised by said driver and as contended by advocate shri godinho, may not be binding on present appellant but appellant before motor accident claims tribunal preferred to examine its conductor. ..... he further submits that looking to the date of accident and evidence available on record, income of the deceased for financial year 2000-2001 from his business was the only ..... by said judgment and award, the motor accident claims tribunal has found respondents before it jointly and severally liable to pay compensation of rs.12,48,458/- to the claimant no.1 with interest at 9 percent from the date of application till the date .....
Tag this Judgment!Court : Mumbai Goa
..... (8) notwithstanding anything contained in the foregoing provisions of this section, the appropriate government may, if it is satisfied that owing to such exceptional circumstances as accident in the establishment or death of the employer or the like, it is necessary so to do, by order, direct that the provisions of sub- section (1) shall not apply in relation to such establishment for such period as may be specified in the order. .....
Tag this Judgment!Court : Mumbai Goa
..... view of this factual material available on record, without prejudice to other arguments, learned counsel submits that even if it is for the time being presumed that sketch of accident shows correct position, merely because appellant-claimant was on wrong side of road, that itself will not be sufficient to deny him compensation. ..... this situation, i do not find any thing wrong with the finding of the motor accident claims tribunal that claimant-appellant has failed to discharge the burden cast upon it. ..... negligence on the part of respondent no.1 has not been proved, motor accident claims tribunal has correctly refused to grant relief to the claimant-appellant ..... hearing the respective counsel, i find that following point arises for my consideration: (i) whether the appellant-claimant proved that the accident occurred on account of rash and negligent driving of his motorcycle by respondent no.1? 9. ..... he, however, has pointed out the circumstances prevailing just prior to accident and deposed that motorcycle of respondent no.1 came in speed and it was being driven in rash and negligent ..... injured victim has filed this appeal under section 173 of the motor vehicles act, 1988, assailing the judgment and award dated 14/16.08.2008 delivered by presiding officer, motor accident claims tribunal, south goa, margao, in claim petition no.235 of 2005. ..... also invited attention to the sketch map which shows the road and the vehicles involved in accident to urge that it does not correctly depict the situation. .....
Tag this Judgment!Court : Mumbai Goa
..... subject to the limits of liability as laid down in the schedule hereto the company will indemnify the insured in the event of an accident caused by or arising out of the use of the insured vehicle against all sums which the insured shall become legally liable to pay in ..... 1 either to file written statement in defence or to enter the witness box to explain how the accident occurred, according to him, is fatal and by applying said principle, the mact ought to have recorded the finding in favour of the ..... in the process, the honourable apex court noted that strict proof of an accident caused by a particular bus, in a particular manner, may not be available with the claimants who were to establish their case on touch stone of preponderance of probability and the standard of proof beyond reasonable doubt ..... aw.4, is pressed into service to show that they had witnessed the accident and they have stated that the motorcycle was being driven in speed ..... strength of part of clause, the mact concluded that respondent no.2-insurance company has to indemnify the insured in the event of the accident caused by or arising out of the use of the insured vehicle. ..... framed an independent issue to find out whether the deceased suffered injuries in the accident that resulted in her death and answered it in the affirmative. ..... he states that when a vehicle enters on wrong side and accident takes place or then a passenger travelling in a public transport is injured, such doctrine is usually invoked looking to the .....
Tag this Judgment!Court : Mumbai Goa
..... in view of this discussion and as the guidelines laid down by the hon'ble apex court are already looked into by motor accident claims tribunal while working out the compensation, it is not necessary for this court to delve into various rulings cited by both the ..... the same as recorded against it :issuesfindings1) does the applicant prove that the vehicle bearing no.ga-08/a-4283 was involved in the accident?affirmative2) does the applicant prove that accident occurred on account of rash/negligent riding by the respondent no.1?affirmative3) does the applicant prove that the applicant suffered grievous injuries resulting in permanent disability on account of the accident?affirmative4) does the applicant prove that he is entitled to a total compensation of rs.8,00,000/-?the applicant is entitled to ..... is not in dispute that vide judgment delivered on 29.09.2008, in claim petition no.104 of 2007, presiding officer, motor accident claims tribunal - iii, south goa, margao, has awarded compensation of rs.86,721.46 only to present appellant with nine percent ..... the answer is answered below : paragraph 15 of the judgment delivered by motor accident claims tribunal shows that motor accident claims tribunal has divided the claim for compensation into non-pecuniary damages and, thereafter, ..... learned counsel for the appellant fairly stated that though before motor accident claims tribunal, total claim of rs.8,00,000/- was made, this court may after considering the facts, grant just compensation .....
Tag this Judgment!Court : Mumbai Goa
..... the absence of insurance or absence of driving licence is not shown to have contributed, in any way, to the accident and, as such, the absence of either insurance or driving licence with respondent no.2 is not a circumstance in favour of the claimants ..... as that has not been done, the fact of the deceased expiring in the accident having been established, that by itself entitles the claimants to the award of compensation. ..... claiming that said motor cycle was being driven in a rash and negligent manner which resulted in the accident, claim under section 166 of the motor vehicles act came to be filed. 3. ..... the mact has found that the spot of accident was shown by the head constable who had not witnessed the accident and on the basis of that information, sketch was prepared and panchanama has been drawn ..... this eye witness has also deposed that he witnessed the accident and according to him, the scooty came from wrong side and gave dash to the motor cycle which was occupied by two riders ..... answering issue no.4, it held that the respondent proved that the accident was caused due to rash and negligent driving by the deceased. ..... /hour, and in this situation, looking to the nature of the accident in which both the riders were thrown away from their respective vehicles, it follows that only vehicle which could have been driven in a rash and negligent manner, was the ..... the said reliance is presumed to be valid, the sketch shows that the spot of the accident is on southern half portion of the road, i.e. .....
Tag this Judgment!Court : Mumbai Goa
..... if the licence given to respondent no.2 is examined in the light of section 2(14), 2(24), section 4 and section 14, read with rule 14 and form-4, then it is clear to my mind that respondent no.2 was not authorised to drive the vehicle involved in the accident, which admittedly was registered as goods carriage vehicle and therefore, the appellant is not liable to pay the compensation to respondent no.1, as respondent no.3 insured has violated the terms and conditions of the policy. 15. ..... the appellant, national insurance company, being aggrieved by the judgment and award dated 11th march, 2008, passed by the presiding officer, motor accident claims tribunal, north goa, panaji in claim petition no. ..... whether the claimant proves that as a result of the said accident he sustained grievous injuries resulting in permanent disability? 3. ..... they submit that the weight of the vehicle in question, involved in the accident, was less than 7500 kgs. ..... the issue involved in this appeal is, whether respondent no.2 who was driving the vehicle in question at the time of the accident, was authorised to drive the same? 10. ..... learned presiding officer has observed in the impugned judgment and award that the appellant nowhere pleaded that a light goods vehicle of the type of maruti van omni cargo involved in the accident needs permit under section 66 of the m.v. ..... whether the respondent no.3 proves that accident was caused due to rash and negligent driving by the claimant? 5. .....
Tag this Judgment!Court : Mumbai Goa
..... out this, it is submitted that the driver of the vehicle could not have seen any other vehicle coming form the opposite direction due to the ascending road and as such, it was pure and simple accident and further argued that the wheel of the motorcycle was entirely dislocated and came in the way of the driver of the jeep and in order to avoid the impact the driver had taken the jeep ..... this is mainly so when admittedly the present petitioner/accused was in the motor jeep when the accident occurred and there was nobody else found on the spot though it is alleged by the petitioner/accused that his driver was present and he was driving and apparently the driver escaped the spot and ..... this factual position of the vehicles is not disputed by anybody which goes to shows that the spot of the accident was definitely on the right side of the road i.e on the proper side of the way of the motorcycle. ..... but the fact remains that definitely the vehicles after the accident were found on the extreme left side beyond the road when one is facing towards assonora. ..... the factual position of the vehicles after accident clearly indicates that the motorcycle was on its right track ad the jeep on the left side and went on the right track of the road while proceeding towards nanoda. ..... during the arguments it is suggested on behalf of the petitioner that the spot of accident is apparently on the top of the ascending road and as such, if one goes from assonora to the spot of the accident the road is ascending. .....
Tag this Judgment!Court : Mumbai Goa
..... for rs.4,00,000/- was filed by the present appellant/claimant for the injuries sustained by him mainly on his legs and knees causing fractures and also injuries to his ribs caused in a motor vehicular accident while he was driving his omni van bearing no.ga-01-z-6879 and when it dashed with another vehicle a motor jeep bearing registration no.ga-01-s-4845 being driven by present respondent no.2 and insured with respondent no.3. ..... weighed much with the learned member m.a.c.t and which lead him to come to the conclusion that there was no rash and negligent act on behalf of respondent no.2 while driving the vehicle but the accident occurred mainly for the rash and negligent driving of the omni van from the wrong side of the road. ..... the main issue as to whether the claimant proved that the accident was due to rash and negligent driving on the part of respondent no.2 was answered in the negative by the learned ..... in fact, the position of the vehicles at the time of the accident is correctly depicted in the said sketch and this position weighed much with the learned member m.a.c.t and this position is also been conceded by the learned counsel for the ..... appeal challenges the judgment and award passed by the presiding officer, motor accidents claim tribunal, mapusa dated 6/3/2013. ..... examined himself alleging that the motor jeep being driven by respondent no.2 was in high and excessive speed and came from the opposite side and dashed on the vehicle causing the accident and caused injuries to him. .....
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