Court : Mumbai Nagpur
..... thus, a dynamic and intelligent boy having aspiration to become engineer upon whom his parents were also dependent for their support during old age, but due to motor vehicle accident, the claimant pramod became so bedridden that his parents lost their support of old age and on the contrary were made to look after bedridden child which was very painful to them. ..... tribunal recorded finding that due to rash and negligent driving of the offending truck, accident occurred on 23.7.2004 in which claimant pramod suffered injuries resulting into his permanent disability. ..... impugned award is partly sustainable on the ground of undisputed fact that the accident had occurred on account of rash and negligent driving of the offending motor vehicle, a truck bearing registration number ..... learned counsel for the claimant submitted that in such motor-vehicle accident cases which are to be heard by following summary procedure and disposed of expeditiously, the evidence as in the case of a criminal trial is not required, but learned tribunal having considered functional physical disability of the claimant, various ..... petitioner has sustained grievous injuries to his chest, due to which his heart is disturbed and not functioning as prior to the accident and thereby the petitioner caused 30% permanent disability in the heart. ..... he had bright future, but due to the motor vehicle accident, he became totally bedridden and all of his dreams were shattered as a result of multiple injuries and fractures sustained .....
Tag this Judgment!Court : Mumbai Nagpur
..... that counsel will be unable to attend the court for two-three weeks in view of the fact that the spouse of the counsel is admitted in the hospital and is undergoing treatment for cervical radiculopathy following a car accident. ? .....
Tag this Judgment!Court : Mumbai Goa
..... it is obvious that such an obligation of the employer would not arise under section 4-a sub-section (2) if he totally disputes his liability to pay on grounds like the injured person being not his employee or that the accident was caused to him at a time when he was not in the course of employment or that the accident caused to him did not arise out of his employment. ..... subsequently, the present appellant came to be arrayed as opponent no.2 as the appellant had insured the risk arising out of the use of the said truck and the accident had occurred during the course of the validity of the insurance policy. ..... whether it would be one month from the date of occurrence of the accident, as has been held by the learned commissioner or the date of the award, as is claimed on behalf of the ..... , even in such a case, once an award is passed, the liability will relate back to the date of occurrence of the accident and if the amount is not paid within one month, interest would start from one month after the date of occurrence of the accident as has been held by the learned commissioner. 11. ..... 's compensation commissioner has held that the compensation fell due and payable on 12/04/2004 as provided under section 4a of the act and as compensation is not paid within a period of one month from the date of the accident, interest has rightly been granted from 12/04/2004. ..... appears to be clearly an error arising out of accidental slip or omission, in as much as the accident itself had occurred on 12/04/2004. .....
Tag this Judgment!Court : Mumbai Nagpur
..... in the act or in any other law for the time being in force that the owner of a motor vehicle or the authorised insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of the motor vehicle, compensation, as indicated in the second schedule, to the legal heirs or the victim, as the case may be, and in a claim made under sub-section (1) of ..... and reluctance to participate in the investigation or preliminary inquiry process by the police, one may not go to police station unless the eye witness is close friend or relative of the victim of the road accident, therefore, appreciation of such evidence require reasonable alertness, prudence to get the facts on record considering background of witnesses concerned, knowledge of normal behaviour of witnesses is required on the part of the judicial forum in such ..... on the record in the light of citations and considering the aforesaid well-established principles of appreciating evidence in the cases of the motor vehicle accidents.in my opinion in the facts and circumstances of the case the tribunal committed error of law and failed to properly appreciate the evidence led on ..... form-aa submitted by the police, the tribunal could not have in the facts and circumstances negatived the claim that the deceased prakash died in a motor vehicular accident because of rash and negligent driving of the driver of the tata sumo which was covered by insurance policy of the national insurance co.ltd.. .....
Tag this Judgment!Court : Mumbai Nagpur
..... (workmen s) compensation act aims to : 1) provide workmen and/or their dependents some relief or to consider compensation payable by an employer to his workmen in case of accidents arising out of and in the course of employment and causing either death or disablement of workmen as a measure of relief and social security. ..... the evidence and record and proceedings, it does appear in this case that labourer status of the accident victim and that he was earning monthly rs.4,000/- as stated in evidence is not in dispute. ..... he filed the proceedings under the workmen compensation act, 1923 for the accident that occurred with alleged 40% disability and injuries allegedly suffered while working as ..... if the labourer is unable to work pursuant to the incident of accident, then although the doctor may have certified less percentage of disability, the same may be considered as suffered to the extent of 100% disability if post-accident the employee is unable to work as a loader coolie in the ..... down the various amounts payable in case of an accident, depending upon the type and extent of injury. ..... the loader/coolie had, after the accident occurred, underwent the medical treatment (exh.27 is ..... the appellant contended that the accident was not in the course of and arising from the ..... section 2 (1) (l)] : it means such disablement, whether of a temporary or permanent nature, as incapacitates a workman for all work which he was capable of performing at the time of the accident resulting in such disablement. .....
Tag this Judgment!Court : Mumbai Nagpur
..... when claim was made for the untoward incident of accident u/s.123(c)(2) of the railways act, the railway administration resisted it on the ground that the alleged incident of accidental fall was not an untoward incident. ..... , madhukar was informed about accident of his brother sheshrao. ..... such presumption necessarily arise in case of a person found dead as a result of accident. ..... it appears that deceased sheshrao dangat reportedly died due to railway accident. .....
Tag this Judgment!Court : Mumbai Nagpur
..... it is case of the appellants that the death of the deceased ramprakash mishra, aged about 45 years of age the business as stone crusher, had occurred as a result of the motor vehicle accident when driver of the offending truck registration no.mwy/7567, driving the same rashly and negligently caused the accident when the deceased ramprakash was driving his scooter from umrer towards nagpur, the truck gave him a dash. ..... the evidence in the form of depositions corroborated by the police investigation material may be considered as adequate evidence of the motor vehicle accident caused by offending motor vehicle driven rashly and negligently by its driver as per police report notwithstanding acquittal of driver of criminal charges. ..... it is submitted on behalf of the appellants that according to law under section 140 of the motor vehicle act, they were not obliged to plead and prove that the death of the victim of the accident was due to any wrongful act, neglect or default on the part of the owner of the offending vehicle. ..... according to the learned counsel for the appellant, when the owner of the vehicle in question had not disputed the accident the tribunal had committed an error apparent on the face of record in dismissing the claim petition. 10. ..... the compensation under section 140 is made payable if prima facie evidence of following is available; (i) accident by the offending vehicle; (ii) offending vehicle being insured; (iii) death or grievous injuries have been caused. 5. .....
Tag this Judgment!Court : Mumbai Nagpur
..... considering that there was adequate evidence on record to the effect that deceased vishnu met his death in a motor vehicle accident that occurred on 29.12.1998 caused by rash and negligent driving of tata sumo bearing registration no.mp-28/a0943, compensation was awarded as follows: 1.damages for loss of dependency.a.the monthly pay of the deceasedrs.8,768/-.b.deduction towards professional ..... the appellant, by this appeal, questions validity and legality of the judgment and award dt.31.10.2003 passed by the motor accident claims tribunal, nagpur in claim petition no.588 of 1999 whereby compensation was awarded in the sum of rs.6,99,542/- inclusive of compensation for no fault liability along with interest @ 9% p.a. ..... in that accident, said vishnu bhagwat died. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... any such settlement between the management and the trade union or a scheme prepared by the trade union which was binding on the workmen under which the amounts received towards the gratuity and the accident benefit fund on behalf of the workmen would become a part of the union fund. ? 33. ..... there was no scheme drawn up by the trade union regarding the payment of the gratuity amount and the accident benefit fund received on behalf of the workmen to the workmen concerned. ..... there was no agreement between the trade union and its members that the amount received towards gratuity and accident benefit should form part of funds of the trade union. ..... admittedly, the amounts were received by the trade union from the employer concerned towards the gratuity and accident benefit to which the workers were entitled. .....
Tag this Judgment!Court : Mumbai Goa
..... it is material to note that there is no serious dispute about the employment of the deceased so also regarding his age at the time of the accident as he was aged about 48 years and was serving in mormugao port trust at vasco. 11. ..... the present appeal is preferred by the original claimants, dissatisfied with the amount of compensation awarded to them by the presiding officer of motor accident claims tribunal iii, south goa, margao, in claim petition no. ..... the claimants/appellants have proved the salary of the deceased to the extent of rs.15,513/- per month and such income is a fixed income of the deceased and at the time of the accident the deceased was aged about 48 years. ..... at the relevant time of the accident, the respondent no.2 drove the truck in a rash and negligent manner and when it reaches at the spot of the accident at meta strip, the truck gave dash to the scooter of the deceased from behind. ..... and the claimant no.1 has deposed to that effect in her oral evidence in view of the provisions of order 18 rule 4 of the civil procedure code and in para 11 of her affidavit she has stated that at the time of the accident her husband was 48 years old. ..... at the time of the accident, the deceased was earning rs.15,513/- per month by way of salary. ..... the respondent no.2 was not holding driving licence at the time of the accident. .....
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