Court : Mumbai Goa
..... considered view, the evidence of the appellant and aw3, who, in my opinion, has rightly been held as a chance witness, does not establish the manner, in which the accident occurred much less the negligence of the first respondent even on preponderance of probability. ..... , in view of the finding that the appellant failed to prove that the accident occurred due to negligence of the first respondent, the petition came to be ..... considered view, it is not possible to visualise the manner, in which the accident could have occurred in the context of the normal human conduct and probabilities. ..... it has to be shown that the manner, in which the accident occurred and the attending circumstances and the evidence led, leads to a reasonable probability of the accident having occurred, due to the negligence of the driver/ rider of ..... submitted that the entire story as put forth by the appellant of the manner, in which the accident occurred, is not trustworthy and one inspiring confidence. ..... appeal, the appellant/ claimant is challenging the judgment and award dated 30/11/2009, passed by the motor accident claims tribunal, margao in claims petition no.243/2007. 2. ..... in his evidence, has stated that he was riding as a pillion rider on the motorcycle and as a result of the accident, his brother and he himself fell down. ..... the witness states that the accident occurred on tar road towards left hand side of the road, if one proceeds from margao to cuncolim, about one metre away from the right hand side edge of the .....
Tag this Judgment!Court : Mumbai Nagpur
..... the motor accident claims tribunal had held in motor accident claims petition no. ..... license to drive the transport vehicle issued on 09.10.1998 was in respect of lmv (transport) and not hgv, whereas the license issued on 24.05.2004 was to drive the heavy goods vehicle and it was valid on the date of accident which occurred on 06.04.2009. 13. ..... the accident in question occurred on 06.04.2009 and at that time the respondent driver ashok bhaiyyalal neware was driving heavy goods vehicle (transport). ..... in view of this, the insurance company has established its defence that the driver of the offending vehicle was not holding a valid and effective license on 06.04.2009, when the accident occurred. ..... he further submits that according to the record, the license issued in the name of ashokkumar bhaiyyalal neware was valid on the date of accident i.e. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... it appears that the owner had the knowledge about the accident and even notice was given to the owner on 22-11-1999 by the claimants but the conditional order is made and interest is directed to be deposited if within one month compensation amount is not deposited. ..... only due to statutory provision like provision of section 147 and section 149 of the motor vehicles act the claim can be made against the insurer and owner by the victim of accident or by the employee of the owner of the vehicle. ..... it is his case that accident took place during course of employment. ..... he and his doctor gave evidence that he cannot drive the truck due to injury sustained in that accident. .....
Tag this Judgment!Court : Mumbai
..... though in the examination-in-chief this witness has stated that bakery men and taxi driver were saying that accident was caused by the accused and though according to him, he stated to that effect while recording his statement by the police, this part of his evidence is brought on record during his cross-examination ..... the high court took note of the fact that the accused had admitted the accident and his explanation was that the accident occurred due to mechanical failure and the defect that was developed in the vehicle but ..... section 134 reads thus : when any person is injured or any property of a third party is damaged, as a result of an accident in which a motor vehicle is involved, the driver of the vehicle or other person in charge of the vehicle shall(a) unless it is not practicable to do so on account of mob fury or any other reason beyond his ..... and in any case within twenty-four hours of the occurrence; [(c) give the following information in writing to the insurer, who has issued the certificates of insurance, about the occurrence of the accident, namely: (i) insurance policy number and period of its validity; (ii) date, time and place of accident; (iii) particulars of the persons injured or killed in the accident; (iv) name of the driver and the particulars of his driving licence. ..... now, coming to the third major aspect as to whether it was a pure and simple accident due to bursting of the left front side tyre of the car and whether the said defence raised on behalf of the .....
Tag this Judgment!Court : Mumbai
..... the facts leading to the arbitration is that one of the consignment that the petitioner carried on 19.12.2010 met with an accident and the cargo got damaged resulting in loss amounting to rs.5,55,62,526/-. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... or damages to any property of a third party so arising, or both, could 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. ..... the learned tribunal unnecessarily entered into the controversy as to what work the deceased was doing when the main issue before the learned tribunal was whether the accident arose on account of use of motor vehicle in which deceased kalyan kothi died and whether it happened because of rash and negligent act attributable to the driver of the truck ..... of repetition, it is noted that the learned tribunal disbelieved evidence of claimant's witness dilip kakade, labourer who was alleged eye witness to the accident in question with a reason that his evidence is contrary to evidence adduced by him on earlier occasion when the claim was under section 163a ..... of the principle it must be shown that the case was under the management of the defendant and that the accident is such as in ordinary course of things does not happen if those who had the management used proper care ..... the learned counsel, the tribunal has rightly relied on police papers in respect of the accident in entirety and concluded that the accident had not happened because of any rash or negligent act attributable to the driver of .....
Tag this Judgment!Court : Mumbai Nagpur
..... further, column no.17 of postmortem report exh.34 shows that there were no external injuries whatsoever in the nature on the dead body, in my view, that completely rules out the possibility of theory of accident as suggested by learned counsel for the appellant. .....
Tag this Judgment!Court : Mumbai
..... the suicide note reveals that the deceased was mentally shocked due to death of his colleague bhamgar in electric accident and he was sad and because of all these reasons he decided to end his life. ..... after bearing such pain and hardships in life, now suddenly colleague got injured and died in accident therefore i also felt very sad s his family had felt. ..... the applicant was on casual leave on 20th march 2014 and was in mumbai when the said accident had taken place. ..... but due to an accident in 2009, my guru bandhu expired. .....
Tag this Judgment!Court : Mumbai
..... specific plea is raised that while witnesses and deceased siddharam were returning on motorcycle from mandrup police station, they met with an accident in which they had sustained injuries and only to harass the accused false case is filed against them. 7. ..... no suggestion is put up to doctor that these injuries are possible in the accident of motorcycle, which is the defence taken up by the accused. .....
Tag this Judgment!Court : Mumbai Nagpur
..... in the claim petition no.575 of 2002 filed under section 166 of the motor vehicles act, the motor accident claims tribunal at nagpur has passed an award on 27.03.2003, in favour of the dependents of the deceased namely nazir beg, for a compensation of rs.3,25,150/- with 9% interest from the date of filing of the petition and further at the ..... it is thus, apparent from the aforesaid decision that if the deceased himself is to be blamed for the accident without involving the motor vehicle other than the one which he was driving, there is no liability of the owner of the vehicle who is not a tortfeasor and consequently, the insurance company also cannot be ..... the judgment and order dated 27.03.2003 passed by the motor accident claims tribunal at nagpur in claim petition no.575 of 2002 is quashed and set aside to the extent it holds the insurance company liable to pay compensation jointly and severally along with the owner ..... (c) if the deceased himself is to be blamed for the accident without involving the motor vehicle other than the one which he was driving, there is no liability of the insurance company to indemnify such risk unless it is covered by the terms of ..... the deceased was driving vehicle in question at the time of an accident is not disputed. ..... the accident did not involve motor vehicle other than the one which ..... held that the dependents of the deceased are entitled for compensation even though the deceased died because of his own negligence resulting in occurring of an accident. .....
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