Court : Mumbai Goa
..... the parties shall hereinafter be referred as per their status in the said claim petition. 5. the claimants had filed the said petition under section 166 of the motor vehicles act, 1988 (m.v. act, for short) claiming compensation of rs. 36,00,000/-, on account of death of son of claimant no.1 and the brother of claimants ..... the respondent no. 3-insurer was, impleaded before the tribunal by the claimants themselves, as party-respondent. it had not filed any application under section 170(b) of the m. v. act before the tribunal, but was permitted to contest the petition on merits. hence, the first and the foremost question that arises for determination is whether ..... judgment in the case of nicolletta rohtagi? (supra), held that the insurance company could not have challenged the finding without obtaining permission as required under section 170(b) of the m. v. act, to avail the defence of the insured to contest the case. further, in the case of josphine james? (supra), also, the insurer was .....
Tag this Judgment!Court : Mumbai Goa
..... claim petition. parties shall, hereinafter, be referred to as per their status in the said claim petition. 4. the claimants had filed the said petition under section 166 of the motor vehicles act, 1988 ('m. v. act', for short) for compensation of rs. 12,00,000/- on account of death of savio nicholas cardozo, son of claimants no. 1 and 2 and ..... of compensation was ordered to be apportioned equally between the claimants no. 1 and 2 and claimant no. 3. the amount already paid to the claimants under section 140 of the m. v. act was ordered to be adjusted. 8. respondents no. 2 and 3(a) to 3(c), who were respectively the owner and the legal representatives of the ..... 05/2007 and that the liability of respondent no.1 under the said policy was subject to the terms and conditions of the policy and the provisions of m. v. act. it was further alleged that the compensation claimed was excessive and without proper basis. the respondents averred that at the material time, respondent no. 3 was driving the .....
Tag this Judgment!Court : Mumbai Goa
..... the petition. respondent no. 3, though duly served in the present appeal, is absent. 5. the claimants had filed the said claim petition under section 163-a of motor vehicles act, 1988 ( m.v. act, for short) claiming compensation of rs. 5,00,000/- on account of death of mr. fermin fernandes, the son of claimant no.1(since ..... taken in to account while awarding compensation on the basis of structured formula under second schedule. therefore, in terms of the said structured formula under section 163-a of the m. v. act, given in the second schedule, the multiplier of 16 was taken to be appropriate multiplier. the tribunal held that the monthly income of the deceased ..... was rs. 3,000/-. in terms of the said structured formula under section 163-a of the m.v. act, deduction of 1/3rd towards personal living expenses of the deceased was made and the amount which the deceased would spend annually on his dependents ( .....
Tag this Judgment!Court : Mumbai Goa
..... was arrested at the bus stand. the appellant was, therefore, not searched and arrested in exercise of power of arrest, search, and seizure under section 42 of the act. section 42 applies to a case where the officers concerned on information received, or having reason to believe from personal knowledge that any offence has been committed in ..... and sent the same to the immediate superior official and pw5, the said immediate superior official, who received the same, duly prove that the provision of section 42 of ndps act, even if it was applicable, was complied with. there is no force in the contentions of the learned counsel for the accused, with regard to the ..... state of gujarat?, [(2011) 1 scc (cri.) 497], wherein it has been held that the requirements of : (i) informing the suspected person of right under section 50 of ndps act and (ii) search in presence of gazetted officer or magistrate, if so desired by the suspect, are mandatory. in the present case the accused was informed of his .....
Tag this Judgment!Court : Mumbai Goa
..... for commercial purpose. 13. learned counsel for the petitioner has invited my attention to condition 13 of the licence dated 24/10/2011 whereby order under section 44 of the town and country planning act, 1974 has been passed to grant the development permission wherein it is clarified that the permission is granted subject to verification of the ownership of the property ..... project proposed to be developed on the property in question has been approved by the planning authority from the planning point of view in terms of town and country planning act and once the development authority namely the north goa planning and development authority, has approved the project, the licence could not have been withheld or refused by the respondent no .....
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..... of the claimant to have blown horn before overtaking the said bus. besides the above, it is a fact that he had compounded the offence punishable under section 184 of the m. v. act which is evident from the challan, which is at exhibit 36, produced in cross-examination of aw1. 20. hence it was duly proved that the ..... himself fell down and sustained injuries. he submitted that the guilt of the claimant was admitted by him before the police and had compounded the offence under section 184 of the m. v. act and had paid rs. 800/-, towards compounding fees. according to learned counsel, therefore, the claimant could not have been held to be entitled to any compensation ..... of the fast speed, rashness and negligence of the claimant himself and that since the negligence was on the part of the claimant himself, an offence under section 184 of the m. v. act for driving dangerously on the road was booked against him and the claimant admitted his guilt and paid the fine. thus, respondents no. 1 and 2 .....
Tag this Judgment!Court : Mumbai Goa
..... respondent no.3 as tenant of the properties; (b) the consequential impugned orders? permitting respondent no.3 to sell some of the above properties under section 18 k of tenancy act read with rule 6 of the special rules; (c) the consequential actions? including registered sale deeds dated 21 may 1996 and 19 september 1996 executed ..... modifications as the assembly may make during the same session or the session immediately following. 20. in exercise of the aforesaid powers conferred by section 61 read with section 18l of the tenancy act, the government of goa made the special rules of 1977. the relevant rule being rule 6 reads as under: 6. circumstances in ..... to be exercised only by such mamlatdar who is specifically appointed by the government to perform the duties of mamlatdar under the tenancy act. section 2(15) of the tenancy act reads as under: 2. in this act, unless there is anything repugnant to the subject or context - (15) `mamlatdar' means any person appointed by the government .....
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..... related by consanguinity, marriage or through a relationship in the nature of marriage, adoption or are family members living together as a joint family. section 2(s) of the act defines shared household? to mean a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or ..... eighteen years and includes any adopted, step or foster child. therefore, we must know what is the meaning of domestic relationship and domestic violence. section 2(f) of the act defines domestic relationship?, to mean a relationship between two persons who live or have, at any point of time, lived together in a shared ..... supreme court in the case of deokipanjhiyara vs. shashi bhushan narayan azad?, (2013 cri. l. j. 684). learned counsel invited my attention to section 2(f) of the act wherein the meaning of domestic relationship has been mentioned. she submitted that children of the applicant have been staying with her in domestic relationship and therefore .....
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..... that the workers should be properly identified so that liability of the petitioner could be ascertained in a precise manner. he submits that under section 7a sub section(2) of the pf act, the inquiry officer is conferred with the powers of civil court to enforce attendance of witnesses. he further submits that the inquiry officer, ..... to rebut the evidence produced on record by the complainant goa trade and workers union. it also shows that power conferred upon the commissioner under section 7a of the act was properly exercised by the commissioner. therefore, i find that the commissioner has followed the proper procedure in establishing the number and identity of the ..... number of beneficiaries and identifying them and that the order passed by commissioner also shows as to how effectively the power under sub section 2(a) of section 7a of the pf act has been exercised by the commissioner. he also submits that commissioner in fact gave several opportunities to the petitioner to produce some .....
Tag this Judgment!Court : Mumbai Goa
..... of limitation. the learned senior counsel has submitted that the trial court was under an obligation to dismiss the civil suit, in terms of the provisions of section 3 of the limitation act, 1963. shri desai, learned senior counsel has submitted that the finding given by the learned trial judge regarding title is also perverse and unsustainable in law. ..... day on which the order was passed by the deputy collector i.e. 24.10.2002, has to be excluded while calculating the limitation as provided under section 12(1) of the limitation act 1963 and, accordingly, the civil suit is filed within one year? and it cannot be dismissed on the ground that it is barred by limitation. in ..... revenue code, 1968. if the submissions as made on behalf of the appellant in this matter is accepted, then it will amount to overlooking the mandate of section 29(2) of the limitation act, 1963. 10. the submissions made on behalf of the appellant that one year? as laid down in article 14(4) of the land revenue code, .....
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