Rajasthan Court February 2006 Judgments
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Kundan Vs. Mangalram and ors.
Court: Rajasthan
Decided on: Feb-23-2006
Reported in: II(2006)ACC331
G.S. Sarraf, J.1. The claimant-appellant has preferred this appeal under Section 173 of the Motor Vehicles Act against the judgment/award dated 5.6.1996 of the Motor Accident Claims Tribunal, Jaipur City, Jaipur.2. According to the claim petition filed in the Tribunal, the claimant-appellant along with his wife Reena @ Vimla was going on Scooter from the side of Shastri Nagar Police Station towards city in Jaipur at about 11.30 p.m. on 7.3.1993. Respondent No. 1 was driving motor cycle No. RJ-14-5M-7473 rashly and negligently and collied with the Scooter in front of the mosque. Reena @ Vimla died in the accident. The Tribunal awarded a compensation of Rs. 1,25,000 in favour of the claimant-appellant. Aggrieved by this, the claimant appellant has filed this appeal.3. Mr. K.N. Tiwari, the learned Counsel for the claimant-appellant has said that the amount of compensation awarded by the Tribunal is not just and adequate and, therefore, it should be increased. He has placed reliance on and...
Sunil Kumar JaIn Vs. Lal @ Ram Chandra and ors.
Court: Rajasthan
Decided on: Feb-23-2006
Reported in: III(2006)ACC366
K.C. Sharma, J.1. Through this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellant claimant seeks to modify the award dated 19.11.1994 by which the learned Tribunal has awarded compensation of Rs. 42,000. 2. I have heard learned Counsel for the parties and gone through the impugned award and the record of the case.3. On 4.4.1990 at about 10 a.m., the claimant appellant and Ram Sahai were going from Tonk Fatak to Malviya Nagar on scooter No. RJ-14A-2274. The claimant appellant was driving the scooter, while Ram Sahai was on the pillion seat. When they reached near Jaipur Diary, a truck No. HYG 3003 hit the scooter, as a result of which the appellant and Ram Sahai fell down and sustained injuries. The scooter was also badly damaged.4. The appellant claimant filed a claim petition, claiming Rs. 3,53,000 for the injuries sustained in the accident. However, the Tribunal, on consideration of evidence and material awarded a total claim of Rs. 42,000.5. It appears from the r...
Sugali and ors. Vs. Jagdish Prasad and ors.
Court: Rajasthan
Decided on: Feb-23-2006
Reported in: II(2006)ACC423
G.S. Sarraf, J.1. The claimant-appellants have preferred this appeal under Section 173 of the Motor Vehicles Act against the judgment/award dated 27.5.96 of the Additional District and Sessions Judge, Jaipur District, Jaipur.2. The husband of the claimant-appellant No. 1 and the father of claimants-appellant Nos. 2 to 6 Bheema Ram died on 16.6.90 when the bus No. RRM 7004 overturned. The deceased Bheema Ram was travelling by the aforementioned bus. The learned Tribunal assessed the income of the deceased as Rs. 1,500 per month and after deducting 1/3rd of it on account of money spent by the deceased on himself, assessed the dependency as Rs. 1,000 per month and adopted the multiplier of 13 and after adding Rs. 15,000 on account of loss of consortium passed an award of Rs. 1,71,000 (1,000 x 12 x 13 = 1,56,000 +15000 = 1,71,000). Aggrieved by this the claimant-appellants have filed this appeal.3. The only controversy in this matter is with regard to the multiplier. The learned Tribunal h...
Nani and ors. (Smt.) Vs. Soma Lal and ors.
Court: Rajasthan
Decided on: Feb-22-2006
Reported in: 2007ACJ1163; RLW2006(2)Raj1329; 2006(3)WLC34
Manak Mohta, J.1. The instant appeal has been preferred by the claimant-appellants against the judgment and award dated 14.3.1996 passed by Judge, Motor Accident Claims Tribunal, Dungarpur in Claim Case No. 108/91 whereby the learned Tribunal has awarded a sum of Rs. 1,04,750/- as compensation in favour of appellant-claimants and against respondents No. 1 to 3.2. Briefly stated the facts of the case are that the claimant- Smt. Nani filed two claim petitions before the Motor Accident Claims Tribunal, Dungarpur, being Claim No. 107/91 for the injuries sustained by herself and claimed a sum of Rs. 1,99,000/- . She also filed another claim case on behalf of herself and on behalf of her five minor children, being Claim Case No. 108/91 claiming compensation of Rs. 4,65,000/- on account of untimely death of her husband-Lakshi in accident occurred between Truck No. GJ-09T/4276 and Truck No. HNH 5975 at Bichhiwara-Ratanpur Road, Dungarpur.3. As per the facts stated in claim petition, on 22.4.19...
Jai Prakash @ Prakash Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-22-2006
Reported in: RLW2006(2)Raj1548; 2006(3)WLC544
R.S. Chauhan, J.1. The alleged sodomy and brutal murder of a eight year old boy forms the background of this criminal appeal. The appellant has challenged the judgment dated 31.7.2002 passed by the Addl. Sessions Judge (Fast Track), Jhunjhunu whereby the appellant has been convicted for offences under Section 377 and 302 IPC. For the former offence, the appellant has been sentenced to 10 years R.I. and fined Rs. 500/- and to further undergo a sentence to fifteen days of simple imprisonment in default thereof. For the latter offence, he has been sentenced to life imprisonment and fined Rs. 2,000/- and to further undergo two months simple imprisonment in default thereof.2. The brief facts of the case are that on 7.9.2000 Chhala Ram (PW-1) lodged a report (Ex.P. 1) at Police Station, Chirawa wherein he claimed that 'his young son Mintu, aged eight years, was missing from the afternoon of 2.9.2000. The boy had left the house at 12'O clock in order to play. However, when the body did not re...
Panchu Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-22-2006
Reported in: RLW2006(3)Raj1740; 2006(3)WLC707
R.S. Chauhan, J.1. A flared temper, a sudden quarrel and the unfortunate death of Bharos Singh forms the background of this case. The appellant has challenged the impugned judgment dated 7.11.2001 passed by the Sessions Judge, Kota, whereby he has been convicted under Section 302 IPC and sentenced to life imprisonment and further imposed with a fine of Rs. 50/- and to further undergo a sentence of 10 days of rigorous imprisonment in default thereof.2. The brief facts of the case are that on 5.12.2000 at 1.30 P.M. One Hazari Singh a constable informed the Police Station Dadabadi, Kota that Panchu Bheel has assaulted Bharos Singh with a knife and the injured has been taken to the M.B.S. Hospital, Kota. On the basis of this information, the SHO of the Police Station left for the said hospital. At the hospital one Chhiter Singh (P.W. 3) submitted a written report to the SHO wherein he claimed that around 1.15 p.m. after watching a cricket match at the house of Arjun Singh, he came out of A...
Malla Ram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-22-2006
Reported in: RLW2007(1)Raj33
H.R. Panwar, J.1. By the instant criminal revision petition under Section 397/401 of the Code of Criminal Procedure, 1973 (for short 'the Code' hereinafter) the petitioner has challenged the order dated 10.6.2005 passed by Additional Sessions Judge (Fast Track) No. 2, Pali (for short 'the trial court' hereinafter) in Criminal Misc. Case No. 12/2005, whereby the trial Court held that the petitioner is not juvenile as envisaged under Section 2(k) of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short 'the Act' hereinafter). Aggrieved by the order impugned, the petitioner has Filed the instant revision petition.2. I have heard learned Counsel for the parties. Perused the order impugned and record of the trial Court.3. Section 2(k) of the Act provides that 'Juvenile' or 'child' means a person, who has not completed eighteenth year of age. The relevant date to determine as to whether the person who committed the offence was juvenile or not, is the date of commission ...
Rajasthan State Road Transport Corporation Vs. Prakash Chand Bhargava ...
Court: Rajasthan
Decided on: Feb-22-2006
Reported in: III(2006)ACC244
K.C. Sharma, J.1. Through this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellant Corporation seeks to quash the award dated 26.4.1994 by which the learned Tribunal has awarded compensation of Rs. 1,97,000.2. Learned Counsel appearing for the appellant Corporation has vehemently contended that the Tribunal has committed grave error in arriving at a finding that the accident occurred on account of rash and negligent driving of driver of the bus of Corporation. Learned Counsel contended that the plea raised on behalf of the Corporation before the learned Tribunal was that a truck was going ahead of motor cycle, which was driven by Azad Husain and Kamal Kant was sitting on the pillion seat. Azad Husain tried to overtake the truck and while overtaking the truck, the motor cycle collided with the bus of the Corporation which was on way from Kota to Jaipur. On this strength it was argued that driver of the motor cycle himself was responsible for the accident and, therefor...
Narayan Lal Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-21-2006
Reported in: RLW2006(3)Raj1749; 2006(3)WLC175
Shiv Kumar Sharma, J. 1. In this Habeas Corpus petition the petitioner has levelled allegations against the police officials of Police Station Shiv Daspura (Jaipur District) that they illegally detained Ramji Lal (son of the petitioner) and torturedhim. As per the facts averred in the petition, one Kumari Kamoj had been kidnapped on March 29, 2003 by Prabhu Dayal and Smt. Suman Saini, who were named as accused in the FIR No. 86/2003 lodged at Police Station Shiv Daspura.2. It appears that after Ramjilal was detained the petitioner sent a telegram to the Chief Judicial Magistrate, District Jaipur seeking inquiry of illegal detention and torture of Ramji Lal by Police Station Shiv Daspura, but no heed was paid to it. Thereafter the petitioner has filed instant Habeas Corpus Petition.3. In compliance of the notice issued in the matter Ramji Lal has been produced before us from the judicial custody, since by now he was arrested in a case bearing FIR No. 240/2005 registered under Section 37...
Poonya and anr. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-21-2006
Reported in: RLW2006(3)Raj2148; 2006(3)WLC9
Shiv Kumar Sharma, J.1. Dispute relating to boundary wall between two fields resulted in death of Shriphool for which four accused viz. Poonya, Prem Chand, Muniraj and Ramraj were charge sheeted. In Sessions trial bearing case No. 3/2001 learned Additional Sessions judge (Fast Track) Gangapur City vide judgment dated October 20, 2001 found Poonya guilty Under Section 302 IPC and convicted and sentenced him to suffer imprisonment for life and fine of Rs. 1000/- with stipulation. Prem Chand was convicted Under Section 323 IPC and fine of Rs. 500/- was imposed on him. Charges against Muniraj and Ramraj were however not found proved. The State of Rajasthan assailed the finding of acquittal in Appeal No. 491/2002, whereas Poonya and Prem Chand preferred Appeal No. 60/2002. During I ho pendency of appeal appellant Prem Chand died on May 10, 2004.2. The prosecution story is as under:Himmat Pal AS1 Police Station Gangapur City (PW. 13) recorded parcha bayan (Ex. P. 5) of injured Dhan Singh (PW...
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