Court : Mumbai Goa
..... of the sea', whether understood in its most limited sense as importing a loss by natural accidents peculiar to that element, or whether understood in its more extended sense as including inevitable accidents occurring upon that element, must still in either case be understood to include such losses only to the goods on board as are of an extraordinary nature or arise from some irresistible force, or from inevitable accident or some overwhelming power which cannot be guarded against by the ordinary exertions of human skill and ..... counsel thereafter has taken us through the relevant clause of the insurance policy and pointed out that as the appellant has established that the proximate cause of the accident was the peril of the sea water, which was covered by the insurance policy, the appellant were entitled for the amount claimed in the suit. ..... the learned counsel further pointed out that as the appellant have failed to establish that the accident had occurred on account of peril of the sea, calling upon the respondent to effect the payment of the claim does not arise ..... the learned counsel further submitted that the appellant have established that the proximate cause of the accident was on account of ingress of sea water due to the opening which resulted on account of the ..... points for determination (i) whether the appellant have established that the proximate cause of the accident was on account of the grounding of the vessel which led to ingress of sea water when the vessel was at .....
Tag this Judgment!Court : Mumbai Goa
..... , the karnataka high court came to the conclusion that possibility that the boy had come across the road abruptly and in order to avoid accident and death of the child, the driver had taken the vehicle to the wrong side and had hit the house, could not be overruled ..... a perusal of the evidence of pw2, shri satya prakash kandu, who acted as one of the panch witnesses for the panchanama of the scene of accident and sketch(exhibit 12-colly) and the said panchanama and sketch, revealed that the mini bus was proceeding from chikalim towards vasco city side and it fell into the ..... he submitted that the accident was inevitable but was without any fault on the ..... the above witnesses, as discussed above, sufficiently proves beyond reasonable doubt that the accused had driven the said mini bus and that the said accident occurred due to the rashness and/or negligence on the part of the accused in driving the same. ..... high court observed that the over all appreciation of the material on record revealed that the petitioner was driving the bus and the bus took deviation at the spot of the accident and went to the wrong side and hit the house. ..... had suffered a fracture injury to her hand on account of the accident and her niece also suffered a fracture to her left hand. ..... cunha who was not a passenger, had deposed in the open court on the basis of a piece of paper, clandestinely brought by her in the open court, wherein the date and time of accident and the registration number of the vehicle was mentioned. .....
Tag this Judgment!Court : Mumbai Goa
..... it was, thus, claimed that the accident was inevitable and beyond the control of respondent no. ..... this appeal is directed against the judgment and award dated 09/07/2009 passed by the learned presiding officer of motor accident, claims tribunal, margao ('tribunal' for short) in claim petition no. ..... insofar as the working on the ship was concerned, it was on record that the deceased had made only two voyages prior to the accident and he was working as engine room repairer. ..... 3 was rash and negligent in driving the said tanker and was the cause for the said accident which resulted into death of the deceased. 13. ..... the accident had occurred on 06/10/2006. ..... in the circumstances above, the income that was earned while working on the ship cannot be taken as monthly income of the deceased at the time of the accident. ..... therefore, it was proved that the deceased was about 28 years old, as on the date of accident. ..... 1 stated in his affidavit-in-evidence that the deceased was 28 years old at the time of the accident. ..... in the claim petition, the claimants had mentioned that the age of the deceased was 28 years at the time of accident. ..... of the deceased on record as well as the continuous discharge certificate (cdc) which proved that the date of the birth of the deceased was 20/01/1978 which means that the deceased was 28 years old at the time of accident. .....
Tag this Judgment!Court : Mumbai Goa
..... she was due to answer the examination in april, 2000, in respect of the said course, during that time, she met with a severe accident. .....
Tag this Judgment!Court : Mumbai Goa
..... . it is submitted that there is inevitably a long distance to travel between 'may be true' and 'must be true' and the whole of its distance must be covered by legal, reliable and unimpeachable evidence. 17 .....
Tag this Judgment!Court : Mumbai Goa
..... 1 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. ..... 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 appellant ..... this 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. ..... whether 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 claimant ..... 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 no. ..... it is now well settled that in the exercise for determination and assessment of compensation, a reasonable guess work is necessary if, not inevitable. .....
Tag this Judgment!Court : Mumbai Goa
..... but in the affidavit-in-evidence aw1 stated that there were personal differences amongst the family members and it became inevitable to separate the businesses. ..... only if the establishments were treated as one unit, the coverage under the esi act was inevitable. .....
Tag this Judgment!Court : Mumbai Goa
..... . so, the inevitable conclusion that can be made from the discussion of the above referred facts and circumstances is that the building consisting of 14 flats and 5 shops, was constructed by the society from its own funds, sourced through .....
Tag this Judgment!Court : Mumbai Goa
..... (4) scc 426, the hon'ble supreme court, inter alia, held that mere departure from the authorised plan or putting up a construction without sanction does not ipso facto and without more necessarily and inevitably justify demolition of the structure. .....
Tag this Judgment!Court : Mumbai Goa
..... . so, the inevitable conclusion that can be made from the discussion of the above referred facts and circumstances is that the building consisting of 14 flats and 5 shops, was constructed by the society from its own funds, sourced through .....
Tag this Judgment!