Court : Mumbai Goa
..... in the cross-examination this witness has improved on the story and mentioned that when the offending vehicle proceeded ahead after the accident and halted at a distance of about 100 meters, the driver peeped out from the window of the car and saw backwards and then after sometime flee away ..... for want of the proof as to the petitioner was the driver of the said vehicle at the time of the accident, this aspect of involvement of the vehicle is of no much significance so far as criminal action against the petitioner is ..... it is told to the court that separate motor accident claim is pending before the claims tribunal and, as such, that aspect of involvement of the vehicle can be established before the said ..... 800 of red colour in the said accident can apparently be seen from the material ..... was no proof as to the specific point of impact at which the accident took place and thirdly and importantly that there is no proper identification of the driver of the vehicle at the time of the accident inasmuch as there was nothing brought on record that the present petitioner was driving the vehicle and, as such, was responsible for the said accident. ..... during investigation, said owner was not brought before the curt for giving the evidence for establishing the fact that the vehicle was being driven at the time of the accident by the present petitioner. 6. ..... subsequently taken charge of and arraigned as the accused on the premise that he was driving the motor car involved in the accident on 30/08/2012. .....
Tag this Judgment!Court : Mumbai Goa
..... by pointing out this, it is submitted on behalf of the applicant that if this witness had seen the incident and also the accidental death in a motor accident and also saw the police party arriving and taking the dead body, he would not have waited for 4 days for police to record the statement. ..... during the arguments, learned counsel for the applicant assailed the evidence of cw1 and cw7 and submitted that it was an unfortunate accident and it cannot be attributed to any rash and negligent act on the part of the applicant in driving the kadamba bus. ..... the bus, has more responsibility to be taken, in the opinion of this court certain distinction is required to be drawn in the accident caused due to rash and negligent driving and there being immediate proximity between the act of rashness and negligence with the death and the situation when there is no such direct proximity between rash ..... so far as evidence of cw7 rajesh is concerned, he does not mention regarding the rash and negligent driving on the part of the applicant, but what he mentions is that he witnessed the accident between the kadamba bus and a motorcycle when both were proceeding towards panaji direction from vasco. ..... he further stated that after the impact motorcycle fell down and the kadamba bus proceeded ahead from the spot of the accident. .....
Tag this Judgment!Court : Mumbai Goa
..... 1, the father of the deceased, as aw1; an eye-witness, namely antonio gonsalves as aw2; one shri govind gaonkar, one of the panch witnesses to the scene of accident panchanama and sketch as aw3; shri chandrahas gaonkar, head constable then attached to agacaim police station as aw4; and shri shamrao chavan, the police-sub-inspector then attached to agacaim police station as ..... the death or injuries sustained by the owner of the goods or his authorised representative being carried in a goods vehicle when that vehicle met with an accident, were not covered under the insurance and, therefore, the insurance company was not liable. ..... goods that were being gifted to the daughter of rw2 and the accident had occurred while returning back with empty suitcases and baskets. ..... consideration of the entire evidence on record, the learned tribunal held that the accident was caused solely due to the rash and negligent driving of respondent no. ..... this appeal, the appellant has challenged the judgment and award dated 21/06/2013 passed by the learned motor accident claims tribunal at panaji ('tribunal', for short), in claim petition no. ..... it has been held that the victims of the accident travelling in the truck of goods vehicle are gratuitous passengers and insurance company is exempted ..... she deposed that after the accident, the empty suit cases and baskets were removed from the tempo by her family members and were carried to their residence in the cars in which they were travelling, since the tempo would be .....
Tag this Judgment!Court : Mumbai Goa
..... learned counsel thereafter has taken us through the relevant clause of the insurance policy and pointed out that as the appellant has established that the proximate cause of the accident was the peril of the sea water, which was covered by the insurance policy, the appellant were entitled for the amount claimed in the suit. ..... the sea', whether understood in its most limited sense as importing a loss by natural accidents peculiar to that element, or whether understood in its more extended sense as including inevitable accidents occurring upon that element, must still in either case be understood to include such losses only to the goods on board as are of an extraordinary nature or arise from some irresistible force, or from inevitable accident or some overwhelming power which cannot be guarded against by the ordinary exertions of human ..... the learned counsel further pointed out that as the appellant have failed to establish that the accident had occurred on account of peril of the sea, calling upon the respondent to effect the payment of the claim does not arise ..... the learned counsel further submitted that the appellant have established that the proximate cause of the accident was on account of ingress of sea water due to the opening which resulted on account of the ..... points for determination (i) whether the appellant have established that the proximate cause of the accident was on account of the grounding of the vessel which led to ingress of sea water when the vessel was at karwar .....
Tag this Judgment!Court : Mumbai Goa
..... (supra), vide judgment dated 13/10/2011, framed the following questions for consideration: i) whether the insurer can contest a motor accident claim on merits, in particular, in regard to the quantum, in addition to the grounds mentioned in section 149(2) of the act for avoiding liability under the policy of ..... is pertinent to note that respondent no.1 who was the driver of the offending truck did not enter the witness box to explain as to how the accident took place due to which an adverse interference has been rightly drawn against him, by the tribunal. ..... without prejudice to the above, i shall deal with the question whether the accident had taken place due to the rash and negligent driving of the truck bearing ..... the claimants contended that the deceased was 30 years old at the time of accident, and was the owner of two tipper trucks used for transporting iron ore from the mines and was ..... [2012 (3) tac 1 (sc)], since the deceased was 30 years of age at the time of accident and being self employed, the tribunal held that the claimants were entitled to 50% addition to the income of deceased towards ..... it was, thus, held that the claimants had proved that the accident occurred due to the rash and negligent driving of tipper truck by respondent no.1 and by dashing the same against another tipper truck, he caused the death of ..... the police had recorded his statement in connection with the accident and it is seen that there are no material contradictions brought forth in the cross-examination .....
Tag this Judgment!Court : Mumbai Goa
..... this appeal is directed against the judgment and award dated 09/07/2009 passed by the learned presiding officer of motor accident, claims tribunal, margao ('tribunal' for short) in claim petition no. ..... insofar as the working on the ship was concerned, it was on record that the deceased had made only two voyages prior to the accident and he was working as engine room repairer. ..... 3 was rash and negligent in driving the said tanker and was the cause for the said accident which resulted into death of the deceased. 13. ..... it was, thus, claimed that the accident was inevitable and beyond the control of respondent no. ..... the accident had occurred on 06/10/2006. ..... in the circumstances above, the income that was earned while working on the ship cannot be taken as monthly income of the deceased at the time of the accident. ..... therefore, it was proved that the deceased was about 28 years old, as on the date of accident. ..... 1 stated in his affidavit-in-evidence that the deceased was 28 years old at the time of the accident. ..... in the claim petition, the claimants had mentioned that the age of the deceased was 28 years at the time of accident. ..... of the deceased on record as well as the continuous discharge certificate (cdc) which proved that the date of the birth of the deceased was 20/01/1978 which means that the deceased was 28 years old at the time of accident. .....
Tag this Judgment!Court : Mumbai Goa
..... 1 shows that after taking the appellant to the hospital he had returned to the spot of the accident at 13:00 hours and at that time he found that the motorcycle was not on the spot and then he was informed that it was taken to the police station. ..... after hearing the learned advocates for the respective parties and examining the record, following points arise for consideration: (a) whether the accident had occurred due to the rash and negligent driving of the motor cycle by the respondent no. 1? ..... the case of the claimant, aged about 40 years at the time of the accident, is that while walking on the katcha road facing betalbatim, the respondent no. ..... 1,65,000/- as compensation which finding is not challenged by the respondents and the appellant having established that accident had occurred due rash and negligent driving by the respondent no. ..... shri kakodkar, learned advocate for the appellant submitted that the tribunal has committed an error in recording the finding that the accident had not occurred due to the vehicle driven by the respondent no. 1. ..... the appeal arises out of the order passed by the motor accident claims tribunal for the taluka of salcete at margao in claim petition on 12.06.2008, by which this claim petition filed by the appellant is rejected with costs, mainly on the ground that the appellant has failed to prove the ..... 1 and his vehicle are not involved in the accident had any substance, the respondents would have challenged the order. 13. .....
Tag this Judgment!Court : Mumbai Goa
..... the tribunal has concluded that the appellants have proved that the deceased was 26 years old at the time of accident but in view of the finding that the appellants have failed to prove that the car was driven rashly and negligently by the ..... of shri marshall pinto, the psi attached to vasco police station at the relevant time that, as per his investigation, it was found that the deceased was crossing the divider at the time of the accident and the accident occurred when the deceased suddenly crossed the lane leading from birla to vasco after he crossed the first lane and that the accident occurred due to the fault of the deceased. ..... 4, daughter of the deceased was minor at the time of the accident and, perhaps, looking to the facts on the record, she had not ..... the deceased being 26 years old at the time of the accident, the multiplier of 17 has to be applied as laid down in the case of sarlaverma (smt) and ..... the following points arise for determination: (i) whether the accident has occurred due to rash and negligent driving of the car by the ..... specific note: we have referred to the aforesaid provisions to show that an award by the tribunal cannot be seen as an adversatial adjudication between the litigating parties to a dispute, but a statutory determination of compensation on the occurrence of an accident, after due enquiry, in accordance with the statute.? 8. ..... appeal arises out of the award passed by the motor accident claims tribunal, south goa, at margao, in claim petition .....
Tag this Judgment!Court : Mumbai Goa
..... dead body of deceased ashwin as pw5; shri shiva kale, the then head constable, who lodged the complaint (exhibit 21) against the accused on behalf of the state and conducted the panchanama of scene of accident and sketch as pw6; shri pralhad dessai, the assistant director of transport, who conducted the inspection of both the vehicles as pw7 and shri prabhakar dessai, the then sub-inspector of colva police station, ..... the panchanama and the sketch did not show the correct position and that there was no dispute that at the spot of accident, there was a coconut tree which was bent towards the road and that on both sides, there were houses with compound ..... the prosecution had examined in all eight witnesses, namely shri joe fernandes, one of the panch witnesses to the panchanama of scene of accident and sketch (exhibit 9-colly), as pw1; eulegio gomes, an eye witness as pw2; shri hilarino cotta, one of the the panch witnesses for inquest panchanama (exhibit 15) as pw3; shri nelson albuquerque, ..... shiva kale, the head constable, who conducted the panchanama of the scene of accident, proved that there existed compound walls of the residents on both sides of road. ..... it is pertinent to note that as per the accident report form, which is at exhibit 23, proved by pw7, the assistant director of transport, who inspected the said mahindra pick-up, there were damages to the cabin top ..... head constable, who drew the said panchanama and the sketch, deposed that the accident spot was shown by ryan pinto. .....
Tag this Judgment!Court : Mumbai Goa
..... act, it has been mentioned that the amount of compensation arrived at as per the chart mentioned therein in the case of fatal accident claim shall be reduced by 1/3rd in consideration of the expenses which the victim would have incurred towards maintaining himself had he been alive. ..... from the above, it is clear that under section 163-a of the act, it is not essential for a claimant seeking compensation to plead or establish that the accident out of which the claim arises suffers from wrongful act or neglect or default of the offending vehicle. ..... just as in section 140 of the act, so also under section 163-a of the act, it is not essential for a claimant seeking compensation to plead or establish that the accident out of which the claim arises suffers from wrongful act or neglect or default of the offending vehicle. ..... ga-02/a-7269 for the period from 10/01/2007 to midnight of 09/01/2008 and its liability under the said policy for the purported accident on 31/12/2007 was governed by the terms and conditions of the insurance policy and relevant provisions of the m.v. ..... he submitted that in the claim petition, though the respondents had specifically pleaded that the accident had occurred due to the fault of the deceased, no such issue was framed by the tribunal and, therefore, the respondents no ..... 1 and 2 could defeat the claim of compensation made by the claimants by establishing that the accident in question had occurred due to wrongful act, neglect or default of the deceased himself. 16. .....
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