Court : Mumbai Goa
..... in shila datta (supra), their lordships also formulated questions which arose for their consideration in regard to the position of an insurer under the act namely the insurer can contest the motor accidents 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 insurance and whether an insurer can ..... in this appeal filed by the insurer challenging the judgment and award passed by the learned motor accidents claims tribunal, north goa, panaji ("the tribunal" for short) in the claim petition no.93 of 2013, the respondents have raised a preliminary objection to the very maintainability of the appeal under ..... insurer on the ground that since it had failed to move an application under section 170 of the act, it was not open to the appellant to challenge the award of the motor accidents claims tribunal, hoshangabad, except on the grounds provided under section 149 of the act. ..... the insurer filed an application before the motor accidents claims tribunal under section 170 of the act seeking permission to cross-examine the claimants and their witnesses which was rejected on the ground that the owner ..... these provisions were to show that an award by the tribunal could not be seen as an adversarial 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. 13. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the appellants are original claimants in motor accident claim petition no.456 of 2007, before the motor accident claims tribunal, dhule, which came to be dismissed on 3rd november, 2012. 5. ..... the appellants' son vijay died in motor-vehicle accident on 19th december, 2006, at about 06.30 p.m. ..... the accident occurred only due collision of the motorcycle on the road divider. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... no.402 of 2011 dated 18th january, 2014, passed by the learned member, motor accident claims tribunal, aurangabad. 6. ..... the case reflected in the pleadings of the appellants is that their son manoj died on 23rd february, 2011, in a motor accident, on a public road. ..... this is a claimants' appeal seeking enhancement of compensation awarded on account of death of their son in a motor accident. 5. .....
Tag this Judgment!Court : Mumbai
..... he has further asserted that nobody is responsible for the injuries sustained by him which had occurred due to accident and he has no complaint against anybody. ..... it was also mentioned that nobody is responsible for the injuries sustained by him, which was due to an accident and he has no complaint against anybody. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the appellants have challenged the judgment and order passed by the member, motor accident claims tribunal, aurangabad, in motor accident claim petition no.551/2013, on 16th september, 2015. .....
Tag this Judgment!Court : Mumbai Goa
..... this is because, the appellant was earning monthly salary of rs.15,605/- at the time of the accident, while the salary in november, 2009 was stated to be rs.36,000/-, which has come in the cross examination of the ..... and 2 in the affirmative, holding that the appellant had suffered grievous injuries, resulting in permanent disability, in the accident, which occurred due to the rash and negligent driving of the truck by the respondent no. 1. ..... is an appeal challenging judgment and award dated 26.02.2010, passed by the motor accident claims tribunal (the tribunal, for short) at panaji in claim petition no. ..... the claimant proves that as a result of the said accident, he sustained grievous injuries resulting in permanent disability? 3. ..... has come in the evidence of the appellant that he was aged 42 years on the date of the accident and has suffered 90% permanent disability. ..... whether respondents prove that the accident was caused solely due to the rash and negligent driving of the ..... further, according to the appellant, the accident occurred due to the rash and negligent driving of the truck by respondent no. ..... it was claimed that the accident was a result of the rash and negligent driving of the appellant himself ..... it was denied that the accident was caused due to rash and negligent driving of the respondent ..... impugned judgment, the tribunal has awarded compensation of rs.25,000/- to the appellant/ claimant in respect of permanent partial disablement, resulting out of a vehicular accident. 2. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the learned member came to a conclusion that the accident took place due to contributory negligence of the appellant and the driver of offending vehicle belonging to respondent no.1. ..... the cross-examiner could bring on record admission of the appellant that at the time of accident he was not wearing a protective helmet. ..... this appeal challenges judgment and award dated 8th october, 2014, passed by the learned motor accident claims tribunal, sangamner, in m.a.c.p no.18 of 2011. 4. ..... " the learned judge of the lower court rightly held that the driver of offending vehicle which was parked erroneously on the road was negligent and due to such wrong parking the accident had taken place. 8. ..... in order to prove his claim, the appellant examined himself and explained as to how accident had taken place. ..... despite this, i am inclined to hold that the appellant was also negligent at the time of accident. ..... the cross-examiner of the opponent tried to suggest that the appellant was also negligent at the time of accident. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... appellants had filed the aforesaid claim petition under section 163(a) of the motor vehicles act, 1988 (hereinafter referred to as "the act") seeking compensation on account of death of one netaji jeevan bhong, who died in a vehicular accident on 7th march, 2011, having involvement of a bajaj motorcycle and a telco tipper bearing registration no.mh.24.a.3963. ..... the appellants had admittedly claimed the compensation of rs.4,00,000/- in the motor accident claim petition before the tribunal and have accordingly paid the court fees on the said amount. ..... that netaji jeevan bhong died in vehicular accident occurred on 7th march, 2011, having involvement of telco tipper bearing registration no.mh.24.a.3963. ..... the appellants have filed the present appeal seeking enhancement in the amount of compensation awarded by the motor accident claims tribunal, latur, in motor accident claim petition no.119 of 2011. 5. .....
Tag this Judgment!Court : Mumbai
..... insofar as submission of the learned counsel for the appellant that the then advocate of the appellant was hospitalized and the appellant was not aware of the accident of the learned advocate and about the progress of the suit is concerned, it is submitted by the learned counsel for the respondent that though the appellant had filed an affidavit in lieu of examination in chief inter alia praying ..... he submits that because of the hospitalization of the learned advocate who was then representing the appellant and the appellant not having knowledge about the accident of his advocate, the appellant could not remain present before the learned trial judge and the appellant and his advocate could not remain present before the learned trial judge when the ..... it is submitted by the learned counsel that the learned advocate who was representing the appellant had met with a serious accident on 4th july, 2010 and was in incentive care unit from 4th july, 2010 till 11th august, 2010. ..... herein against the respondent for specific performance of the agreement to sale clearly indicates that on large number of dates when the said suit appeared before the learned trial judge even prior to the date of accident of the erstwhile advocate of the appellant, the appellant and his advocate were absent. ..... on 4th july, 2010, the advocate who was representing the appellant met with an accident and was hospitalized in intensive care unit of the hospital in pune on 4th july 2010 and was discharged on 11th august, .....
Tag this Judgment!Court : Mumbai Aurangabad
..... industrial disputes act, 1947 or (14 of 1947), under any other law applicable to the establishment; (ii) he has been on leave with full wages, earned in the previous year; (iii) he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment; and (iv) in the case of a female, she has been on maternity leave; so, however, that the total period of such maternity leave does not exceed twelve weeks. ..... for the purposes of this act, (1) an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order treating the absence as break in service has been passed in accordance with the standing orders, rules or regulations governing the employees of .....
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