Rajasthan Court October 1984 Judgments
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Azimulla Khan Vs. Smt. Shanti Devi and ors.
Court: Rajasthan
Decided on: Oct-19-1984
Reported in: AIR1986Raj25
Guman Mal Lodha, J.1. Yet another fatal accident of wrong legal advice has proved fatal toclaimants, depriving compensation.2. This appeal filed under Section 110-D of the Motor Vehicles Act, 1939, against the judgment dated the 2nd April, 1980 passed by Motor Accident Claims Tribunal, Bharatpur holding that the applicant/appellant is entitled to getRs. 23,700/- as compensation but, dismissed the application for compensation on the ground of petition being barred by limitation.3. The bus No. MPA 3760 started forgoing to Khwaja Chisti's Dargah, Ajmer on 20th July, 1974 and reached Ajmer on 24th July, 1974. While returning from Ajmer, when the said bus, on 28th July, 1974 at about 11 a.m. was in between Mahwa and Bharatpur, truck No. USM 7075 of Harnamdas Chawla, the respondent No. 3, came from opposite side rashly and speedily, and collided (with) each other while crossing. The appellant was sitting in the said (sic) resting on the window.On account of the collision of truck No. USN (US...
Executive Engineer, Ph. Ed. Vs. Govind Ram
Court: Rajasthan
Decided on: Oct-19-1984
Reported in: 1985(1)WLN64
G.M. Lodha, J.1. A frivolous writ petition by the State and, that too against a petty low paid employee is rape on social Justice. The respondent was in employment of the petitioner, and worked as L.D.C. but, was deprived of his salary as L.D.C. and was paid as Helper Grade II only.2. The Labour Court, under Section 33(ii) of the Industrial Disputes Act accepted the claim of workman and, awarded Rs. 2652.26 np. on 29th May. 1974.3. To add insult to injury, the writ petition has been filed against that order by the State functionaries. 1 he Labour Court relied upon the evidence, oral as well as documentary, produced by the employee including a certificate of the Assistant Engineer that he is working as clerk and his work is satisfactory. The evidence could not be rebutted and the State withheld production of ledger, summoned by the employee to prove that he made entries. Inspite of all this, it is contended that there is no proof that be was working as Clerk because, there is no written...
Rajasthan State Road Transport Corporation and anr. Vs. Smt. Pista Aga ...
Court: Rajasthan
Decided on: Oct-19-1984
Reported in: 1985(1)WLN415
G.M. Lodha, J.1. Urbanisation with auto revolution is not unmixed good. Accidents, death traps and blood baths are a few amongst other evil effects of it. One has to live dangerously. Now the traditional facts.2. At about 9.30 p.m. on 16th July, 1978, a fatal accident was witnessed near Niros Restaurant, Mirza Ismial Road, Jaipur, Girraj Prasad Agarwal was the unfortunate victim, who died on account of this accident.3. The deceased along with his nephew was coming towards Niros Restaurant on Mirza Ismail Road, one of the busiest place in Jaipur. The Rajasthan State Road Transport Corporation's Bus No. RRG 1957 dashed against the said scooter causing this accident. It was being driven by Mubarak Ali, an employee of the Corporation.4. The deceased was an Electrical Engineer having passed Diploma in First Division and was serving as Manager in K.K. Mills, Jaipur, on a salary of Rs. 1800/- per month. He was also partner in M/s. P.J. Textiles and was getting share in profits. At the time of...
Krishna Weaving Mills Vs. Smt. Chandra Bhaga Devi Widow of Mool Chand ...
Court: Rajasthan
Decided on: Oct-19-1984
Reported in: 1985(1)WLN455
G.M. Lodha, J.1. Fatal accident of workman is sought to be snubbed by legal accidental gimmicks?2. This appeal has been filed by M/s. Krishna Weaving Mills, Madan Ganj, Kishangarh (Ajmer) against the order passed by the Commissioner for Workmen's Compensation, Ajmer, dated 31st August, 1977, awarding Compensation of Rs. 10,000/- to the respondent No. 1, Smt. Chandra Bhaga Devi wd/o Mool Chand. It is not in dispute that Mool Chand died in an accident, it is also not in dispute that he was employed with the appellant-Mill.3. It is also proved on record that Mool Chand died on account of the accident in the factory.4. The only question raised by Shri K.N. Tikku, the learned Advocate for the appellant is that he was Munim and not workman and, further that no notice was given earlier to the appellant-Mill and, the appellant was made party later on after expiry of the period of limitation.5. I have considered the rival contentions of the learned Counsel for the parties and gone through the i...
Kishorilal Vs. Budhi
Court: Rajasthan
Decided on: Oct-19-1984
Reported in: 2(1985)ACC313
Guman Mal Lodha, J.1. This appeal is directed against the order of the Workmen's Compensation Commissioner Bharatpur, awarding compensation of Rs. 9,000/- to Budhi widow of Bhonri Lal. Bhonrilal died on account of a blast near the mines of gun powder.2. Shri J.P. Goyal, the learned Counsel for the appellant, has challenged the finding of the Commissioner on the ground that Bhonri Lal was not in the employment of the appellant and in any case, the accident did not happen in the course of employment. This submission of Shri Goyal is vehemently opposed by Shri Lodha, the learned Counsel for the respondent.3. I have perused the judgment and also the relevant evidence on record. It is proved on record that. Bhonrilal was in the employment of the respondent. It has further been proved that he died due to the injuries caused on account of blast of gun-powder. It is further proved that the gun-powder used to be utilised for blast in the mines of Kistoorilal.4. Moreover, all these questions are...
Rajasthan State Road Transport Corporation Vs. Pista Aggarwal and ors.
Court: Rajasthan
Decided on: Oct-19-1984
Reported in: 1(1985)ACC466
Guman Mal Lodha, J.1. Urbanisation with auto revolution is not unmixed good. Accidents, death traps and blood baths are a few amongst other evil effects of it. One has to live dangerously. Now the traditional facts.2. At about 9.30 p.m. on 16th July, 1978, a fatal accident was witnessed near Niros Restaurant, Mirza, Ismil Road, Jaipur, Girraj Prasad Agrawal was the unfortunate victim, who died on account of this accident.3. The deceased along with his nephew was coming towards Niros Restaurant on Mirza Ismail Road, one of the busiest place in Jaipur. The Rajasthan State Road Transport Corporation's Bus No. RRG 1957 dashed against the said scooter causing this accident. It was being driven by Mubarak Ali, an employee of the Corporation.4. The deceased was an Electrical Engineer having passed Diploma in it in First Division and was serving as Manager in K.K. Mills, Jaipur, on a salary of Rs. 1800/- per month. He was also partner in M/s. P.J. Textiles and was getting share in profits. At ...
Bhera Ram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Oct-18-1984
Reported in: AIR1986Raj113
S.K. Mal Lodha, J. 1. This appeal under Section 18 of the Rajasthan High Court Ordinance, 1949 is directed against the judgment dt. May 2, 1973 of the learned single Judge passed in S. B. Civil Writ Petition No. 1078 of 1972, by which, he allowed the petitioner-appellant's writ petition under Article 226 of the Constitution and sent the case back to the Land Acquisition Officer to examine the case of the petitioner-appellant solely from the point of view of compensation under the relevant provisions of the Rajasthan Land Acquisition Act (No. 24 of 1953) (hereinafter referred to as 'the Act').2. The appellant hereinafter will be referred to as the petitioner.The petitioner filed the writ petition seeking to quash the orders (Ex. 6) dt. June, 24, 1968 of the Deputy Colonisation Commissioner, (Ex. 7), dt. Aug., 20, 1969 of the Commissioner Colonisation, (Ex. 8), dt. Nov., 22, 1970 and (Ex. 9), dt. May 22, 1971 of the Colonisation Minister, Government of Rajasthan and the notice (Ex. 10), ...
Smt. Chandrakanta Vs. Rajesh S/O Om Prakash and Usha Sindhi
Court: Rajasthan
Decided on: Oct-16-1984
Reported in: 1985(1)WLN457
G.M. Lodha, J.1. This is an appeal under Section 28 of the Hindu Marriage Act, 1955 against the judgment and decree dated 7th April, 1981 passed by the District Judge, Ajmer.2. Smt. Chandrakanta-wife appellant sought divorce on various grounds including the ground of adultery against her husband, Rajesh, the respondent No. 1. The adultery partner Usha Singhi was also made a party. The District Judge, after trial of the case, found that the charge of adultery was proved though other charges regarding cruelty and desertion were not proved. However, after holding that, the adultery was proved; the District Judge dismissed the divorce petition on the ground that, in cross-examination, Smt. Chandrakanta has stated that both, the husband and wife, have consented to have divorce.3. No one has appeared on behalf of the appellant before this Court. The rejection of divorce petition exhibits latest tendency of the Indian courts to become victim of old out dated obsolete thinking of segments of t...
Mohanlal Vs. Balwant Kaur and ors.
Court: Rajasthan
Decided on: Oct-16-1984
Reported in: 1(1985)ACC322
Guman Mal Lodha, J.1. This appeal is directed against the Award dated the 28th September, 1981, of the Motor Accidents Claims Tribunal, Kota, awarding Rs. 25,000/- as compensation in favour of the claimant Mohanlal, though it was claimed of Rs. 2,00,000/-. In relation to the accident which took place on 22th April, 1975, at about 10.30 a.m. on the main road of Ghantaghar, Kota-Police Line (Baran road) at a small distance of main gate of Regional Transport Authority Office involving truck No: RJR 3422 owned by Smt. Balwant Kaur, the respondent No. 1 and driver by Ranjit Singh, the respondent No. 2 and insured with the Oriental Fire and General Insurance Company, Branch office, Kota, the respondent No. 3 and motor cycle No. RRR 2438 owned and driven by the deceased Babu Lal, behind whom Mohan Lal, the appellant-claimant was sitting on the motor cycle.2. The accident took place when Babulal and Mohanlal who were going from the R.T.O. office towards Ghantaghar crossing with the intention o...
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