Court : Mumbai Goa
..... the above appeal challenges the judgment and award dated 21.09.2006 passed by the motor accident claims tribunal, panaji, whereby the claim petition filed by the appellants was partly allowed and the compensation to the tune of rs.3,50,000/- was ordered to be paid to the appellants together with interest thereon at ..... facts in the said case, i find that the accident therein had taken place somewhere in the year 2007. ..... the learned counsel further pointed out that the accident in the present case has occurred in the year 2001 and as such the judgment of the apex court fixing the compensation towards loss of consortium and towards loss of love and affection would ..... for the respondent no.2 tried to point out that though the accident had occurred on 03.03.2001, the deceased had completed 50 years on 07.03.2001, i find that in the peculiar facts and circumstances of the case, the question of giving any multiplier other than the one the deceased would be entitled on the basis that he was less than 50 years at the time of the accident would not justify. ..... determination, i find that in terms of the judgment of the apex court in the case of sarla verma, (supra) considering that the deceased was 49 years of age at the time when he met with an accident the multiplier ought to have been 13. ..... of the apex court, no doubt, considering inflation the amount of compensation on account of loss of consortium is to be fixed to the tune of rs.1,00,000/- as a fatal accident is involved in the present case. .....
Tag this Judgment!Court : Mumbai Goa
..... 1 has sustained fracture injury to her leg due to the motor vehicle accident and there is no other male person to look after her and that the convict person was of a great help to take her for regular treatment at goa medical college and hospital, bambolim. ..... on 07/02/2014, the petitioner no.1 met with a motor vehicle accident and serious injuries were sustained by her being group iii a compound fracture of the 4th and 5th metatarsals of the right foot. .....
Tag this Judgment!Court : Mumbai Goa
..... of the accused that the public had gathered, on account of blockage of traffic and had asked the accused to remove the pick up and, therefore, the pick up was removed from the place of accident and was parked ahead at a distance of about 40 metres is acceptable position and could not have been disbelieved. ..... above, the findings of the trial magistrate and also of the learned assistant sessions judge to the effect that the accident had occurred due to the rash and negligent act of the accused cannot be faulted. ..... the evidence of pw6 shri minesh tar, the motor vehicle inspector and the accident report forms which are at exhibit 17-c and 18-c, prepared and signed by him, duly prove that the front bumper of the said pick up of the accused was damaged at its left side and ..... he submitted that both the courts below rightly held that the accident had occurred due to the fault of the accused and that the death of trima was direct consequence of the rash and negligent driving of the pick up ..... the said case of the accused cannot be believed because a serious accident had taken place, in which death of a lady was caused and the accused could not have ..... even otherwise considering the panchanama of the scene of accident and the sketch read with evidence of dw1 ratnakar calangutkar, it was proved that the accident had occurred due to the fault of pw1 himself. ..... he further submitted that the possibility that the accident had occurred on account of sudden and unexplained de-acceleration by pw 1, cannot .....
Tag this Judgment!Court : Mumbai Goa
..... learned counsel for the respondent submitted that though his bus met with an accident there was a minor damage to front portion of his bus and subsequently he sold the bus. ..... in the present case, the accused had injured himself in the accident and the police officer is the complainant. .....
Tag this Judgment!Court : Mumbai Goa
..... in short, the facts leading to the institution of the appeal can be stated as follows:- the accident took place on 3.6.2008 at about 18.10 hours near vijay shaw mills situated at bhoma, banastari -ponda road. ..... he has given evidence that initially, he heard big noise of the accident and then he realised that the driver of the truck had lost control over the vehicle as the brakes were not working. ..... his wife died in the accident as she came under the rear wheel of the truck. ..... his evidence shows that probably the stepny fixed on the left side of the truck hit the scooter and the accident took place. 6. ..... the accident report form in respect of the truck supports the version of the cleaner that the air brakes of the truck was not working as there was leakage to the air pipe coming from the tank. ..... the accident took place in june and at about 600p.m. ..... the accident took place when the scooter was ahead of the truck. .....
Tag this Judgment!Court : Mumbai Goa
..... the respondent in the complaint had stated that the amount, which was recovered from his salary was the amount lost in the course of the accident and, therefore, the same ought not to have been recovered from his salary. ..... thus, the short payment was admitted, though the reason was that the said amount was lost in the course of accident and ought not to have been recovered. .....
Tag this Judgment!Court : Mumbai Goa
..... nature specified in sub-section (1) of section 165 may be made (a) by the person who has sustained the injury; or (b) by the owner of the property; or (c) where death has resulted from the accident, by all or any of the legal representatives of the deceased; or (d) by any agent duly authorised by the person injured or all or any of the legal representatives of the deceased, as the case may be : provided ..... of the circumstance that nothing is produced on record to show that shridhar pujari/aw2 had approached police to inform about the accident or his statement was recorded during investigation, this court holds that the evidence of shridhar pujari/aw2 cannot be used against ..... when under mv act remedy is given to the person to whom loss is caused, to third party, in motor vehicle accident it is open to such person either to approach the tribunal under section 166 of the mv act or to go ..... that another truck bearing no.ga-02-z-7867 which was following truck no.6099 was also involved in the accident and it also gave dash to the truck in which the claimant was taking diesel to ..... the claimant that truck bearing no.ga-01-w-6099 gave dash to the truck tanker of the claimant and the accident was caused by the driver of the truck bearing no.ga-01-w-6099 by driving the truck rashly and negligently. ..... shridar pujari/aw2 has given evidence that he was present in the vicinity of the spot of accident and noticed that truck no.6099 was proceeding towards the side of truck no.8138 and truck no.7867 .....
Tag this Judgment!Court : Mumbai Goa
..... to the inference that insurance company cannot deny the liability on the ground that insurance policy was purchased on the basis of trade certificate but the vehicle was bearing temporary registration number on the date of accident; provided that the vehicle was still in the possession of dealer at the relevant time, it was not yet delivered to the purchaser and the period of both trade certificate and the insurance policy had not ..... it is not disputed that the vehicle involved in the accident was given temporary registration no.mh-15-tre-969 by nashik r.t.o. ..... on the date of the accident the vehicle was in the possession of respondent no.3, dealer. ..... respondent no.6, mpt took the defence that the vehicle involved in the accident was never purchased by it. ..... in short, the facts leading to the institution of the appeal can be stated as follows: the accident took place on 2/03/2000. ..... in view of these provisions and the facts of the case, the 'sale' in favour of respondent no.6 was not completed on the date of accident. 17. ..... his evidence shows that the vehicle reached goa one week prior to the date of accident. ..... the record like the police papers shows that vehicle bearing temporary registration no.mh-15-tre-969 was involved in the accident. ..... it took the defence that the respondent no.4 had given the cover of policy to this vehicle after 19/02/2000 and it was in existence on the date of the accident. 8. ..... dias died in the accident. .....
Tag this Judgment!Court : Mumbai Goa
..... he has further stated that on the same day in the evening said john d'silva came to his residence and told him that his said motorcycle was involved in the accident in the morning at 11.15 a.m at santa cruz and told him to erase the time 3.15 p.m stated in the office record of the said policy and also correctly write the name of the vehicle as yamaha and year of the ..... that timing of the insurance commencement is deemed to be not mentioned in the insurance policy but the date is mentioned as from 15.4.1994 till midnight of 14.4.1995, learned tribunal therefore found that since accident took place on 15.4.1994 at 11.15 p.m it is bound to be presumed that insurance policy became effective, as such, the respondent no. ..... gdk-661 by respondent no.1?in the affirmative2 whether the claimants prove that the said accident caused the death of husband of the claimant no.1?in the affirmative3 whether the claimants prove that they are entitled to recover compensation of rs.10,00,000/-?partly in the affirmative.4 whether the ..... 1 to 4 in the claim petition, contending therein that deceased was 36 years old at the time of accident and was working as a chargeman, department of electrical engineering, government polytechnic, panaji goa and last drawn salary by him is rs.4450/- on ..... tribunal framed following issues and answered them as under:-issuesfindings1 whether the claimants prove that the accident took place on account of the rash and negligent driving of yamaha motorcycle bearing no. .....
Tag this Judgment!Court : Mumbai Goa
..... on perusal thereof, we find that the claimants file the petitions before the motor accident claims tribunal for compensation, inter alia, under section 166 of the motor vehicles act, 1988. ..... learned amicus curiae further pointed out that merely because the word used is fees does not divest the colour of the payment to be court fees as the tribunals deciding motor accident claims are not courts and, as such, the term used is fees . .....
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