Rajasthan Court December 2004 Judgments
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Laxmi Narayan and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-03-2004
Reported in: RLW2005(2)Raj1217; 2005(1)WLC643
Khem Chand Sharma, J.1. The learned Additional Sessions Judge, Dausa by his judgment dated 2.9.2002 impugned in this appeal has convicted and sentenced appellants Laxmi Narayan and Jansi as under:-Under Section 307/341 IPCto undergo rigorous imprisonment for five years and to pay a fine of Rs. 1000/- each. In default of payment of fine to further undergo three months' Simple Imprisonment.Under Section 326/34 IPCto undergo rigorous imprisonment for three years and to pay a fineof Rs. 500/- each. In default of payment of fine to further undergo twomonths Simple Imprisonment. Under Section 324/34 IPCto undergo rigorous imprisonment for one year and to pay a fine of Rs. 2007- each. In default of payment of fine to further undergo one month's Simple Imprisonment.Under Section 323/34 IPCto undergo rigorous imprisonment for six months.2. The substantive sentences have been Ordered to run concurrently.3. Against this judgment of conviction and Order of sentence both the appellants have preferr...
Sohanlal and ors. Vs. Mangilal and ors.
Court: Rajasthan
Decided on: Dec-03-2004
Reported in: 2006ACJ1323
Dalip Singh, J.1. This appeal has been filed against the award dated 30.10.1992 passed by the Motor Accidents Claims Tribunal, Sikar (hereinafter referred to as 'the Tribunal') in Claim Petition No. 104 of 1989 filed by the appellants whereby the Tribunal has dismissed the claim petition filed by the appellants for the death of their son Banwari aged 15 years and who was a student of VII class at the time when the accident occurred on 14.9.1989.2. The brief facts of the case are that the deceased was travelling on a bus No. RJV 5952 from Fatehpur to his village. It is also the case of the appellants that he was travelling on the roof of the bus and as a result of the rash and negligent driving of the driver, the deceased fell down from the roof in front of the bus and was run over by the tyre of the bus. The learned Tribunal while deciding issue Nos. 1 and 5 held that there was no rash and negligent driving on the part of the driver of the bus and the deceased had travelled on the roof...
Dr. Babu Lal Meghwal Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Dec-03-2004
Reported in: [2005(104)FLR1184]
Sunil Kumar Garg, J.1. The petitioner has filed the present writ petition under Article 226/227 of the Constitution of India oh 1.11.2004 against the respondents with-a prayer that by an appropriate writ, order or direction the transfer order dated 30.9.2004 (Annexure 4) passed by the respondent No. 1 (Dy. Secretary, Medical and Health Department (Group-2), Government of Rajasthan, Jaipur) by which the petitioner was transferred from Rajsamand to Chhinch, Disrtict Banswara on vacant post of St. Medical Officer and judgment dated 7.10.2004 (Annexure-5) passed by the Rajasthan Civil Services Appellate Tribunal (respondent No. 4) by which appeal filed by 1 the petitioner for quashing the transfer order dated 30.9.2004 (Annexure 4) was dismissed, be quashed and set aside.2. It arises in the following circumstances:(i) That the petitioner was initially appointed on the post of doctor in they year 1987 at Primary Health Centre, Jeelola, District Rajsamand.(ii) Further case of the petitioner ...
Nandansingh Vs. Chandra Prakash and ors.
Court: Rajasthan
Decided on: Dec-03-2004
Reported in: I(2005)ACC817
Dalip Singh, J.1. This appeal has been filed against the award dated 16.2.1995 passed by the Motor Accident Claims Tribunal, Jaipur City, Jaipur (hereinafter referred to as 'The Tribunal') in Claim Petition No. 731/1987 whereby the claim filed by the appellants for compensation on account of the alleged injury suffered by him in an accident which took place at about 8.30 a.m. on 23.7.1987 was dismissed by the Tribunal.2. The submission of the learned Counsel for the appellant is that the learned Tribunal has erred in dismissing the claim petition filed by the appellant even though there was evidence of the accident and the injuries suffered by the appellant.3. I have perused the award passed by the Tribunal and from the perusal of the same, I find that while deciding the issue No. 1, the learned Tribunal has given sufficient and cogent reasons, for dismissing the claim application filed by the appellant inasmuch as the Tribunal has found that the accident did not occur on account of ra...
Teeja and ors. Vs. Prabhu Dayal and ors.
Court: Rajasthan
Decided on: Dec-03-2004
Reported in: I(2005)ACC804
Dalip Singh, J.1. This appeal has been filed against the award dated 19.7.1994 passed by the Motor Accident Claims Tribunal, Jaipur City, Jaipur (hereinafter referred to as 'The Tribunal') in Claim Petition No. 306/1984 filed by the appellants for compensation in respect of the death of Tulsi Ram the husband of the appellant No. 1 and the father of the appellant Nos. 2 to 6. The deceased met with an accident on 7.6.1984 while travelling in a bus bearing No. RRM 4758 which was owned by the respondent No. 2. The deceased was aged 38 years and at the relevant time was employed in the Malaria Department, Govt., of Rajasthan. He was at the relevant time drawing salary of Rs. 552/- per month. The learned Tribunal awarded a sum of Rs. 1,25,000/- (Rs. one lack twenty-five thousand only) to the appellants by way of compensation. Dissatisfied with the aforesaid award, the appellants have preferred this appeal for enhancement of the compensation.2.The submission of the learned Counsel for the app...
Dharmendra Kumar Vs. Vikram Singh and ors.
Court: Rajasthan
Decided on: Dec-03-2004
Reported in: I(2005)ACC821
Dalip Singh, J.1. This appeal has been filed against the award dated 3.12.1993 passed by the Motor Accident Claims Tribunal, Jaipur City, Jaipur (hereinafter referred to as 'The Tribunal') in Claim Petition No. 863/1989 filed by the appellant on account of the injuries suffered by the appellant in the accident which took place on 23.8.1989 involving a Truck No. RNG 1089. On account of the said accident, the appellant received multiple injuries including the fact that his right foot was crushed under the tyre of the said truck resulting in multiple fracture and 43% disability as per the medical evidence produced on record.2. The submissions of the learned Counsel for the appellant is that the learned Tribunal has not awarded any compensation to the appellant on account of the said disability for the loss of future earning. This fact is not disputed on behalf of the respondents it is agreed that compensation in this head may be awarded. Looking to the facts and circumstances of the insta...
Nandan Singh Vs. Chandra Prakash and ors.
Court: Rajasthan
Decided on: Dec-03-2004
Reported in: 3(2005)ACC528
Dallip Singh, J.1. This appeal has been filed against the award dated 16.2.1995 passed by the Motor Accident Claims Tribunal, Jaipur City, Jaipur (hereinafter referred to as 'The Tribunal') in Claim Petition No. 731/1987 whereby the claim filed by the appellants for compensation on account of the alleged injury suffered by him in an accident which took place at about 8.30 a.m. on 23.7.1987 was dismissed by the Tribunal.2. The submission of the learned Counsel for the appellant is that the learned Tribunal has erred in dismissing the claiirf petition filed by the appellant even though there was evidence of the accident and the injuries suffered by the appellant.3. I have perused the award passed by the Tribunal and from the perusal of the same, I find that while deciding the Issue No. 1, the learned Tribunal has given sufficient and cogent reasons, for dismissing the claim application filed by the appellant inasmuch as the Tribunal has found 'that the accident did not occur on account o...
Mehar Chand and ors. Vs. Keshoram and ors.
Court: Rajasthan
Decided on: Dec-02-2004
Reported in: III(2005)ACC693; 2006ACJ2362
Dalip Singh, J.1. This appeal has been filed against the award dated 13.9.1994 passed by the Motor Accidents Claims Tribunal, Jaipur City, Jaipur (hereinafter referred to as 'the Tribunal'), in the Claim Petition No. 914 of 1989 filed by appellants for the compensation on account of the accident in which the deceased Surendra Kumar Jain, son of appellant Nos. 1 and 2, husband of appellant No. 3 and father of appellant No. 4 died as a result of the injuries suffered by the deceased in the said motor accident which occurred on 7.3.1989.2. The facts of the case are that on 7.3.1989 deceased along with his wife Rajeshwari Jain, appellant No. 3 and the daughter Priyanka, appellant No. 4 and the sister of the deceased Maya Devi were travelling in a car bearing registration No. RNE 5151 from Jaipur to Delhi, which met with an accident by colliding with a truck coming from the opposite direction bearing registration No. UHN 2365. The learned Tribunal found that the driver of the truck was driv...
Pyari and ors. Vs. Balsingh and ors.
Court: Rajasthan
Decided on: Dec-02-2004
Reported in: I(2005)ACC824; 2006ACJ567
Dalip Singh, J. 1. This appeal has been filed against the award dated 29.8.1992 passed by the Motor Accidents Claims Tribunal, Bayana (hereinafter referred to as 'the Tribunal') in Claim Petition No. 179 of 1988 filed by the appellants for compensation on account of death of one Puni Ram, aged 40 years who was the husband of appellant No. 1 and the father of the appellant Nos. 3 to 6.2. Learned counsel for the appellants submitted that learned Tribunal granted a very meagre amount of Rs. 59,000 on account of death of the sole bread earner of the family who had left behind his mother, widow and four children.3. The submission of learned counsel for the appellants is that the deceased was a mason and earning Rs. 60 per day and the learned Tribunal has erred in holding that the deceased was earning Rs. 300 per month only.4. Learned counsel for the appellants has, thus, submitted that the Second Schedule to the Motor Vehicles Act, 1988, which their Lordships of the Hon'ble Supreme Court ha...
Oriental Fire and Genl. Ins. Co. Ltd. Vs. Kanhaiyalal and ors.
Court: Rajasthan
Decided on: Dec-02-2004
Reported in: 2006ACJ571
Dalip Singh, J.1. This appeal has been filed against the award dated 21.8.1993 passed by the learned Judge, Motor Accidents Claims Tribunal (First), Ajmer, in the Motor Accident Claim Case No. 57 of 1980 whereby compensation amounting to Rs. 40,000 together with interest at the rate of 15 per cent per annum was awarded to the respondent Kanhaiyalal on account of injury suffered by him in the motor accident involving truck bearing registration No. RSZ 3501.2. The submission of the learned counsel for the appellant is that the learned Tribunal could not have fastened the liability on the insurance company in view of the provisions contained in insurance policy in clause 7 of the general exceptions on account of the vehicle being requisitioned by the government for election duty and consequently the insurance company is not liable. The above point has already been settled by this court in the case in United India Insurance Co. Ltd. v. Shivraj, , which was relied upon by the Tribunal and I...
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