Court : Mumbai Aurangabad
..... the petition filed by present respondent nos.1 to 3 under section 166 of the motor vehicles act, 1988 (hereinafter referred to as "the act") is allowed and the compensation of rs.7.5 lakh with interest at the rate of 7.5% per annum is granted by the tribunal and the insurance company is made liable jointly and severally to pay the amount of compensation along with the owner. ..... if any amount is already paid by the insurance company on the principle of "no fault liability" that amount with interest, if any, is allowed to be recovered by the insurance company from the owner by using the present ..... the apex court held that when there was such breach and the excess number of passengers were not covered under the policy, the insurance company can be made liable to pay first and it may be allowed to recover the excess amount paid by it from the owner of the vehicle ..... the case of satpal singh interpretation of the term "any person" used in the provisions of section 147 was made and indirectly it was held that the insurance company is liable to pay compensation in respect of passengers travelling in goods carrier. ..... singh) the provisions of sections 149(1), 149(4) and 149(5) of the act are interpreted and the circumstances in which the insurance company can be made to pay are discussed. ..... view of this position of law, this court holds that the tribunal has committed error in holding the insurance company liable to pay the compensation jointly and severally with the owner in the present case. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... aggrieved by the direction to pay interest and penalty, present first appeal no.1782/2012 is preferred by the appellant-employer while aggrieved by the entire order, directing to pay compensation, first appeal no.1327/2013 is preferred by the insurer-new india assurance company ltd. 3. ..... the learned commissioner directed that while the present both the appellants-employer as well as insurer shall jointly and severally pay the compensation of rs.5,52,510/- to the claimants, sofar as the interest at the rate of 12% p.a. ..... mayure, learned counsel for the appellant submitted that it is an admitted fact that the claimants have waived the imposition of penalty and further penalty could not have been imposed without there being an opportunity to defend the same upon issuing show cause notice to the appellant. 12. ..... kulkarni, leaned counsel for the appellant in first appeal no.1327/2013 the insurer submits that besides there being no evidence regarding employer-employee relationship, the very allegation of the claimants would show that the accident has not occurred during the course of employment but while the ..... the present appellant mohammad hussain shaikh hayat, the employer, in his written statement, admitted the relationship between the parties and further submitted that there was already a contract of insurance between him and the next of the appellant i.e. ..... the insurer was directed to pay principal amount of compensation. 8. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... interest :-- (1) where and in so far as a decree is for the payment of money, the court may, in the decree, order interest at such rate as the court deems reasonable to be paid on the principal sum adjudged, from the date of the suit to the date of the decree, in addition to any interest adjudged on such principal sum for any period prior to the institution of the suit, with further interest at such rate not exceeding six per cent, per annum, as the court deems reasonable on such ..... principal ..... from the first and main part of said section 34 (1) of the code of civil procedure that there appears to be restriction in respect of grant of further interest at such rate not exceeding six per cent, per annum, as the court deems reasonable on such principal sum, but the proviso of the said section contemplates that where the liability in relation to the sum so adjudged has arisen out of a commercial transaction, the rate of such further interest may exceed six .....
Tag this Judgment!Court : Mumbai Aurangabad
..... that the tribunal, however, completely ignored the said finding recorded in the earlier decision in the claim petition arising out of the same accident and held the only the driver, owner and insurer of the luxury bus fully responsible for paying the compensation to the claimants in the respective claim petitions. ..... that, the alleged accident was the result of composite negligence of driver of the luxury bus and the deceased driver of the truck involved in the accident and the proportion of their negligence is held 60:40, meaning thereby that, the owner and insurer of the luxury bus are responsible to shell the liability to the extent of 60% and that of the truck to the extent of 40%.. 20. ..... the said accident and the proportion of such negligence and consequent liability to pay the amount of compensation to the respective claimants, is held in the ratio of 60:40, as has been held in the judgment in macp no.362/1995; iii) consequently, the new india insurance company shall pay to the united india insurance company 40% of the total amount of compensation, which has been paid by the united insurance company to the claimants in the respective claim petitions along with the interest @ 6% ..... the united india insurance company has admittedly deposited the entire amount of compensation under the awards in the present appeals, together with interest accrued thereon till the date of deposit of the said amount and the respective claimants have withdrawn the entire said amount under the orders .....
Tag this Judgment!Court : Mumbai Aurangabad
..... was contested by the bpcl by taking following defences:- (a) only court from bombay had jurisdiction to decide the dispute as per the terms and conditions of the lease; (b) the suit property is situated within the limits of dhule municipal corporation and so provisions of the bombay rent act are applicable to the suit property and the suit filed under the provisions of the transfer of property act is not tenable; (c) no ground which is available under the bombay ..... learned counsel for the bpcl submitted in the present matter that the corporation is not interested in giving or continuing the licence in favour of the appellant and the agency was terminated in the year 2008 itself. ..... even after this incident, the appellant society continued to sell the petroleum products but of the bpcl (the principal) on the suit site; (iv) during the period of lease, mehmood majeed died. ..... the learned senior counsel for the appellant submitted that as the sub tenancy was created without permission by the insurance company, such decision was rendered by the apex court. ..... it was further held that once the insurance company, lessee was not the tenant for the purpose of the rent control act, the sub tenant cannot enjoy the better protection or privilege. ..... insurance company was lessee and it had inducted one sub tenant in the year 1959 (allegedly without consent of the landlord of the insurance company). .....
Tag this Judgment!Court : Mumbai Aurangabad
..... position is stated thus : "an exception to the general rule that the burden of proof of the alleged negligence is in the first instance on the plaintiff occurs wherever the facts already established are such that the proper and natural inference arising from them is that the injury complained of was caused by the defendant's negligence, or where the event charged as negligence 'tells its own story' of negligence on the part of the defendant, the ..... he faintly argued that the accident in question occurred in the private premises of one dilip munot and therefore also, insurance company cannot be fastened with any liability to pay compensation. 10. ..... hira nand sindhi (ghoriwala) and another, reported in 2015(4) scc 434, awarded interest at the rate of 9 % per annum for compensation payable ..... however, the learned tribunal erred in assessing the rate of interest at the rate of 7 % per annum. ..... 3,21,000/- along with interest at the rate of 9 % per annum from 2-2-2009 till realization of the entire amount of ..... , i hold that present appellants / original claimants are also entitled for interest at the same rate. 32. ..... 3,21,000/- with interest at the rate of 9 % per annum from 2-2-2009 till realization of amount to ..... discretion of awarding interest from the date of conversion of the claim does not appear to be ..... the fact that claim under section 163a was subsequently converted to one under section 166 of the mv act, the learned tribunal held that claimants are entitled for interest from 2-2-2009 i.e. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... however, the expression sufficient cause in section 5 must receive a liberal construction so as to advance substantial justice and generally delays in preferring appeals are required to be condoned in the interest of justice where no gross negligence or deliberate inaction or lack of bona fides is imputable to the party seeking condonation of the delay. ? 13. in o.p ..... baburao patil [(2001) 9 scc 106] wherein it has been opined that a distinction must be made between a case where the delay is inordinate and a case where the delay is of few days and whereas in the former case the consideration of prejudice to the other side will be a relevant factor, in the latter case no such consideration arises. ..... once a valuable right has accrued in favour of one party as a result of the failure of the other party to explain the delay by showing sufficient cause and its own conduct, it will be unreasonable to take away that right on the mere asking of the applicant, particularly when the delay is directly a result of negligence, default or inaction of that ..... court, taking stock of the facts, came to hold that if such an interpolated order is allowed to stand, there would be failure of justice and, accordingly, set aside the orders impugned therein observing that the appeal before the district judge deserved to be heard on merits. 14. ..... lipok ao and others [(2005) 3 scc 752], the court, after referring to new india insurance co. ..... kuntal kumari [air 1969 sc 575] ; concord of india insurance co. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... noted that the non-mentioning of the alleged incident of 15th march, 2008 in the complaint exh.136 is required to be viewed, that the complainant p.w.9 had no grievance and as such, he had admitted about the same in his cross-examination about reducing in writing the contents which he had narrated to constable pawar, who had authored the first ..... give such power to the prosecutor to put leading questions on the material part of the evidence which the witnesses intends to speak against the accused and the prosecutor shall not be allowed to frame questions in such a manner which the witness by answering merely yes or no but he shall be directed ..... he also agrees with the proposition that the skull bone may show heat fractures which may occur either due to (1) drying and desiccation (cracking and outward curving of the outer table) or (2) bursting involving whole thickness of skull or sutural fractures (separation) due to increased intra-cranial pressure, from ..... mentioned in the post mortem report were caused to deceased chandarani and in view of the evidence of blisters over dorsum of both hands and palms and evidence of pealing of shin, over both arms, forearms and both foot with evidence of reddish discoloration over soles and 100% burnt hairs over centre of head, concluded that the injuries ..... chandarani was interested in shifting to aurangabad and the father of chandarani had already informed accused no.1 that he should separate himself from family by accepting his share and shift to .....
Tag this Judgment!Court : Mumbai Aurangabad
..... high court also observed that the mere fact that maize was brought to the spot where the workmen had died in the insured vehicle, would not render the insurance company liable in respect of the death, the cause of which was not proximate to the actual user of the vehicle ..... to be adjudicated upon, as to whether the incident in question could be termed as the "motor accident" within the meaning of section 147 read with section 163 of the motor vehicles act, so as to fasten liability on the vehicle owner and the insurance company for payment of compensation under the provisions of the workmen's compensation act. ..... amount of rs.15/- as is sought to be canvassed by mr gatne covers only driver, yet once the certificate of insurance is admitted, the burden is on the insurance-company to prove that the risk of the deceased ravan, a labour, was not covered under the policy. 22. ..... while evaluating as to whether the incident in question could be connected with employment, in the present case, as observed herein above, the occasion for the deceased ravan and also for vasant who is an accused, to be at the spot of the incident, was that they were in the employment of non applicant no.1 - owner ..... before 2nd labour court, ahmednagar, seeking compensation to the tune of rs.89,600/- with 50% penalty and interest. 4. ..... then proceeded to award compensation of rs.1,06,257/- to the claimants, with interest at the rate of 6% per annum, to be paid by the insurance company, w.e.f. ..... interest from the date .....
Tag this Judgment!Court : Mumbai Aurangabad
..... 147(1)(b), it is clear that for the purpose of s.146(1), a policy shall not be required to cover liability in respect of the death arising out of and in the course of any employment of the person insured unless, first: the liability of the insured arises under the workmen's compensation act, 1923, and second: if the employee is engaged in driving the vehicle and if it is public service vehicle is engaged as conductor of vehicle or in examining tickets on the vehicle. ..... provided that a policy shall not be required - (i) to cover liability in respect of death, arising out of and in the course of his employment, of the employee of a person insured by the policy or in respect of bodily injury sustained by such an employee arising out of and in the course of his employment other than a liability arising under the workmen's compensation act, 1923 (8 of 1923), in respect of the death of, or bodily injury to, any such employee- (a) engaged in driving the vehicle, or (b) if it is a public service vehicle, ..... it can be said that the income of the deceased was not within the knowledge of the insurance company and so, the evidence given by the claimants and the evidence given by the original respondent no.1 employer can be considered in that regard. ..... the amount, which remains after deducting rs.50,000/-, is to be deposited with simple interest at the rate of 12% per annum from 11th may, 2008 till it is paid to the claimants/ applicant nos.1 to 5. .....
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