Court : Mumbai Nagpur
..... according to his evidence, nature of his duty is to inspect the vehicle and their fitness before the renewal as well as inspect the vehicles which met with an accident and to give a report about the mechanical fault, if any, pertains to the vehicle. ..... a phone call was received in the police station that an accident has taken place at mekosabaugh over bridge. ..... he took inspection of the said vehicle and noticed that there was no mechanical fault, which caused the accident. ..... the said vehicle met with an accident. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... with great efforts, he skillfully avoided an accident and ensured that the bus halted without causing any injury to any passenger. ..... despite suffering a paralytic stroke while driving a bus, he had skillfully avoided an accident. .....
Tag this Judgment!Court : Mumbai Goa
..... first relating to the negligence of the respondent no.1, second relating to the death of the deceased due to the injuries sustained to him in the accident and third relating to the entitlement of the compensation and its extent. ..... the respondent no.3 also contested the petition on the ground that the accident occurred due to the negligence of the driver of the maruti zen car alone. ..... sr.no.points for determinationfindings1whether the claimants have proved that the accident occurred due to the sole negligence of respondent no.1 and there was no negligence on the part of the car driver?no2whether the amount of compensation awarded to the claimants is just and reasonable?no3what order?appeal is partly allowed. 10. ..... looking to his evidence, it appears that on the date of the accident, this witness ramdas cw2 and the deceased sushant were going from public cafe towards upper bazar, and for going to upper bazar, they had to cross dada vaidya chowk and go to the lane ..... on perusal of the sketch, it appears that the spot of accident is exactly shown in a square on the road from old bus stand towards upper bazar. ..... the present appeal is filed by the original claimants against the impugned judgment and award passed by the learned presiding officer of the motor accident claims tribunal, panaji, in claim petition no. .....
Tag this Judgment!Court : Mumbai
..... now, it is a strange accident, to begin with, that, the plaintiffs having produced these polishing cloths in five sizes, the defendant has produced his polishing cloths in the same five sizes. ..... now, is that an accident, or is it intentional? .....
Tag this Judgment!Court : Mumbai
..... the incident of the accident was reported by the accused no.2 to the police. ..... obviously, these injuries had been caused after the accident i.e. .....
Tag this Judgment!Court : Mumbai Goa
..... from the facts set out in the petition, it reveals that the first information report regarding the alleged offence of the accident punishable under sections 279 and 337 of the indian penal code took place on 24.3.1998 almost about 17 years. ..... haldankar in respect of an accident at peddem, maupsa at mapusa police station. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the insurance cover note (exh.34) indicated that the offending motor vehicle was insured covering the date of the accident while the post mortem notes indicated that the cause of death of rajesh was shock and haemorrhage due to injuries described in the ..... of order xli, rule 33 of the code of civil procedure and the power of the high court to enhance the award amount in accident cases in the absence of cross-objections has been discussed by the supreme court in nagappa v. ..... , briefly stated are as under: claimant shivbodhan singh is father of motor vehicle accident victim rajesh while shilvanti devi/respondent no.3 is mother of said unfortunate rajesh. ..... appeal, the appellant-insurance company has prayed to quash and set aside the award dt.12.3.2004 passed by the learned member of the motor accident claims tribunal, nagpur in claim petition no.590 of 1997 against the appellant. 3. ..... the claimant had deposed about the incident of accident, about rashness and negligence on the part of the driver of the offending motor vehicle which resulted in the accident relying upon police papers which were marked from ..... thus, prima facie, it was clear that the accident was caused because of rash and negligent driving of the offending motor ..... the tribunal, rajesh was 25 years old when he met with the motor vehicle accident and could have contributed a sum of rs.2,000/- p.m. ..... of witness no.1 for the claim petitioner was of shivbodhan singh (father of victim of accident) who made reference to the f.i.r. .....
Tag this Judgment!Court : Mumbai Nagpur
..... by this appeal, the appellant-insurance company has sought to challenge judgment and award dated 27.8.2002, passed by learned member of the motor accident claims tribunal, akola, in motor accident claim petition no.113 of 1998, whereby the petition filed by the claimants legal representatives of deceased devidas salunke; was allowed holding that the driver/owner of the offending ..... on 1.6.1997 while deceased devidas was returning back to his village shirsoli by a motor vehicle matadoor bearing registration no.mh-28/9713, the accident occurred on risod-malegaon road, near jamthi phata within the local jurisdiction of shripur police station, sub division, washim due to rash and negligent driving by the driver ..... according to the insurance company it is not liable to compensate claimant/s of the victim of the vehicular accident, the insurance company is at liberty to move the tribunal under the motor vehicles act, 1988 so as to recover the amount already paid to the claimant/s of the victim of the vehicular accident from the owner/driver of the offending motor vehicle. 8. ..... considering the view taken by the motor accident claims tribunal, akola with reference to the rulings of the apex court, no interference is warranted in the judgment and ..... learned member of the motor accident claims tribunal found that when the fatal accident occurred on 1.6.1997 at about 03:45 am on risod malegaon road, near jamthi phata, devidas died as a result of the rash and negligent driving by the driver .....
Tag this Judgment!Court : Mumbai Nagpur
..... this appeal by the insurance company questions legality and validity of the impugned judgment and award passed in claim petition no.1054 of 1999 by the member, motor accident claims tribunal, nagpur on 25.10.2005 thereby allowing the claim petition with costs and directing respondent nos. ..... i am satisfied that the tribunal recorded findings correctly that the accident occurred as a result of rash and negligent driving of the offending motor vehicle bearing registration no.mh-32/3153 and the insurer and the driver/owner were correctly held liable jointly and severally to pay the amount of ..... according to the appellant, learned member of the motor accident claims tribunal erred to pass award in favour of the claimants. 4. ..... it is contended that the accident occurred due to rash and negligent driving of truck no.mp-32/3153. 3. ..... he was 27 years old at the time of accident. 7. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the object of the provision u/s.140 of the motor vehicle act is to provide immediate help to the victim of the motor vehicle accident or his or her dependents to meet the urgent expenses and unless owner of the offending motor vehicle and/or insurer and/or driver of the offending motor vehicle are jointly and severally held liable to ..... an owner of a vehicle thus would be liable to pay compensation in case death or permanent disablement to any person has resulted from an accident arising out of use of a motor vehicle or vehicles and the amount of such compensation in terms of section 140(2) is fixed as rs.25,000 ..... view, therefore, considering the provision u/s.140 of the motor vehicles act and its social purpose to provide minimum assistance in the form of interim compensation to the victim of motor vehicle accident or dependents of the victim u/s.140 of the motor vehicles act, 1988, liability is created on the basis of no fault. ..... chairman proceeded to award interim compensation on the basis that there was prima facie material to show that the driver of the offending motor vehicle was driving it rashly and negligently and the accident took place, as a result of which the deceased has sustained fatal injuries and died. ..... it is for the insurer to establish the pleading at final hearing of the motor accident claim petition filed u/s.166 of the motor vehicles act, 1988 so that the amount paid by way of interim compensation can be recovered from the owner and/or driver of the offending .....
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