Court : Rajasthan
Reported in : I(2003)ACC89; 2004ACJ504; RLW2003(3)Raj1562; 2002(5)WLN702
..... it has also not been noticed that not all but only such of the provisions of cpc have been extended to proceedings before motor accident claims tribunal as are prescribed while order ix has been made fully applicable, no part of order vii has been made applicable which could authorise rejection of plaint on the ground of limitation ..... having heard the learned counsel appearing for the parties, we are of the opinion that the learned motor accident claims tribunal as well as the learned single judge both have not noticed that under rule 20 of the rajas than motor accident claims tribunals rules, 1964, which also continues to be operative under the rajasthan motor vehicles act, 1988, the provisions of order ix cpc have been made applicable to ..... apparently, notwithstanding the judgment of the supreme court has been noticed by the motor accident claims tribunal as well as learned single judge, they have not appreciated the controversy in the light of applicability of the provisions of order ix, ..... will not govern cases where the dispute as to whether petition for claim having been filed beyond the period of twelve months, from the dale of the accident is pending consideration either before the tribunal, high court or supreme court. ..... the matter is remitted back to the learned motor accident claims tribunal, bikaner for deciding the case afresh in ..... rise to this appeal are that the appellants were claimants before the motor accident claims tribunal, bikaner (for short 'the tribunal'). .....
Tag this Judgment!Court : Rajasthan
Reported in : III(2006)ACC96; RLW2006(2)Raj1338; 2006(2)WLC730
..... and brothers' children and sometimes foster children live together and they are dependent upon the bread winner of the family and if the bread winner is killed on account of motor vehicle accident, then there is no justification to deny them compensation relying upon the provisions of the fatal accident act, 1855 which as we have already held has been substantially modified by the provisions contained in the act in relation to cases arising out of motor vehicles ..... kesar dev's parents and brother and sisters filed a claim petition before the motor accident claims tribunal, jhunjhunu, wherein they sought a compensation for rs. ..... on 10.9.1989, while returning with three friends on his motorcycle, kesar dev met with an accident with a bus driven by respondent no. 1. ..... according to them, the accident occurred because suddenly a goat kid ran across the road, which the deceased tried to avoid. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2006ACJ1453; RLW2004(4)Raj2644; 2004(4)WLC139
..... identity of the vehicle and death of the deceased is clearly, proved, then the fact that it was not corroborated by adducing evidence of the eye witnesses cannot be a reason to disbelieve the unimpeachable evidence that the accident was caused by the vehicle whose identity has prima facie been proved and even if there be any doubt about its identity, the same can definately be scrutinised at the stage of determination of the proceeding. ..... the counsel for both the parties are directed to inform the contesting parties to approach and appear before the motor accident claims tribunal at beawar on 6th july, 2004 and the tribunal shall proceed in the matter as per the ..... 152/98 which had been rejected by the motor accident claims tribunal at beawar by order dated 22.3.2002 against which this appeal arises is restored and remanded to the motor accident claims tribunal at beawar for its decision on merit in accordance with law after hearing the concerned parties wherein the tribunal shall be at liberty to investigate regarding the existence of the accident also except that it will not reject the claim merely for want of ..... reject the claim itself inspite of prima facie proof of involvement of the vehicle as also the fact that the accident indeed took place, is bound to result into serious miscarriage of justice. ..... is thus obvious from this that the date of the accident and the identity of the vehicle was both disclosed immediately after the accident and there is no lack of evidence on this point .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1986Raj30
..... shri lodha pointed out that it is established law that the motor accident claims tribunal where the district judge can be appointed as presiding officer of the tribunal, is not a court simpliciter but a persona designata and, therefore, unless the person appointed is qualified for and competent enough ..... by abdul rashid, an additional point was raised that since the driver of the vehicle died, his legal representative could not have been brought on record he relied upon rule 20 of the accident claims tribunal (rajasthan) rules, 1964 which reads as under :'20. ..... it was then argued that the presiding officer of the accident claims tribunal need not be the district and sessions judge only, as according to the provisions contained in section 110(3) of the motor vehicles act, 1939 (hereinafter referred to as 'the act'), a person shall not be ..... opinion, in the instant case, it has come on record that viewed from each and every angle, shri pratap singh yadav's appointment as member of the accident claims tribunal at bundi was valid and justified.19. ..... of this, shri pratap singh yadav had completed 10 years in judicial services of rajasthan and he was qualified to be appointed as a high court judge and consequently he was qualified to be appointed as member of the accident claims tribunal under section 110(3) of the act.14. ..... according to him, the motor accident claims tribunal which gave award was presided by shri pratap singh yadav, additional district and sessions judge only and, not .....
Tag this Judgment!Court : Rajasthan
Reported in : II(2002)ACC453
..... of considering the application filed by the petitioner for permission to file claim petition by them for the compensation for the death of their daughter pinky in the motor accident as a result of injuries sustained by her in the accident, the tribunal is under no legal obligation to go on the merits of the claim. ..... when they were travelling in the offending bus the driver of it was driving the same rashly and negligently and as a result of which near village soha the bus was met with an accident in which petitioners and his daughter pinky sustained grievous injuries. ..... this is a case where in case the order of the motor accident claims tribunal impugned in the petition is allowed to stand it will result in causing injury and prejudice ..... to be decided by the motor accident claims tribunal under the impugned order.3 ..... for the parties.the challenge has been made by the petitioner by this petition under article 227 of the constitution to the order of the motor accident claims tribunal, dholpur dated 16.9.2000 (annexure-3).2. ..... not only this the motor accident claims tribunal has decided the application on the ground which otherwise was not ..... the approach of the motor accident claims tribunal in this matter is contrary to the basic conception, purpose and object for which this provision has been enacted in ..... it is a case where the motor accident claims tribunal has not considered socio-economic aspect of this provision as well as the fact that the petitioners have independent right to .....
Tag this Judgment!Court : Rajasthan
Reported in : 2000(4)WLC558; 2001(1)WLN311
..... this application has been filed on the averment that the owner of the vehicle which caused accident and was insured with the petitioner-company did not appear before the tribunal and contested the claim as a result of which an ex-parte award was bound to be passed in favour of the claimants and the amount ..... has challenged the order dated 25.11.1997 passed by the motor accident claims tribunal, neema-ka-thana by which the application filed by the petitioner-insurance company for its impleadment has been rejected. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2008(1)WLN284
..... looking to that, this petition for writ deserves accept once with a direction to the motor accident claims tribunal, jaisalmer to make a necessary order for releasing rs. ..... the motor accident claims tribunal, jaisalmer by its award dt. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2007(1)WLN180
ashok parihar, j.1. in a case of death the petitioner was allowed rs. 50,000/- as an interim compensation under section 140 of the motor vehicles act by the motor accident claims tribunal, deeg vide order dt. 12.09.2006. out of rs. 50,000/- only rs. 10,000/- was released to the petitioner. remaining rs. 40,000/have been ordered to be kept in fixed deposit for six years. the interim compensation under section 140 of the motor vehicles act is paid to the claimants only to meet out the immediate hardship caused due to accident. in case of death, it will not be proper and justified for the tribunal to keep the major amount of interim compensation in fixed deposit. it is only at the final stage, the appropriate amount can be kept in fixed deposit considering the facts of each case.2. having considered entire facts and circumstances, since the claim has to be decided by the tribunal finally taking evidence of both the parties, considering the hardship caused to the petitioner due to death of her husband, the tribunal is directed to release the remaining amount of rs. 40,000/- kept in fixed deposit also to the petitioner immediately.3. with the above directions, the writ petition is disposed of accordingly.
Tag this Judgment!Court : Rajasthan
Reported in : 1968WLN236
..... other end and to help the cutter in the adjustment of the wood so that it might be cut in a proper manner, the respondent has stated that a heavy log of wood was being cut at the time of the accident and while it was being so done he tried to adjust the log by pushing it with his left hand and in that process he sustained the injury. ..... counsel took me through the evidence of the respondent to show that his duty was only to remove the wood after it had been cut, but at the time of the accident he attempted to do the job of the cutter and while pushing the wood he sustained the injury, because he had not the experience of a cutter. ..... decision on the subject summed up the legal principles involved in determining whether the accident had arisen out of and in the course of person's employment thus:it is enough if it is established that (1) at the time of the accident he was in fact employed on the duties of his employment; (2) that it occurred at the place where he was performing those duties; and (3) that the immediate act which led to the accident is not so remote from the sphere of his duties as to be regarded as ..... but in the present case the respondent has stated that due to the accident his hand was almost cut at the wrist joint and on the same day it was amputated at the hospital and was ..... the respondent's duty was only to remove the wood after it had been cut, it has to be seen whether at the time of the accident he was doing such work as was foreign to sphere of his duty. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1977WLN(UC)239
..... this is a miscellaneous appeal under section 110d of the motor vehicles act, 1939 against the award of the motor accidents claims tribunal, jodhpur (district judge, jodhpur) dated january 28, 1974.2. ..... 4,000/- cost of jiew scooter, as ,injvq|vedin the accident w.as, badly damagedand rendered useless.(2) rs. ..... generally after accident the value of the vehicle is reduced in the circumstances the damages to the tune of rs. ..... on the basis of this receipt the learned counsel for the appellant wants me to hold the insurance company to be responsible for this accident. ..... on the date of the accident. .....
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