Court : Rajasthan
Reported in : AIR1960Raj224
..... the learned civil judge, here the entire bus was not destroyed, and, therefore, any value that could be obtained for the remaining parts of the bus as it was left after the accident has to be deducted from that value; or if the bus could be effectively repaired and put into service, the costs of repairs alone had to be awarded. ..... , therefore, read with the civil courts act undoubtedly empowered the courts in kotah to apply the principles of the indian fatal accidents act to cases arising before them, and the cause of action in the present case arose long after these enactments were ..... which was a glaring omission in the provincial berar laws act.the net result was that neither the fatal accidents act applied to berar, nor could the courts in a case of this nature act under the principles of justice, equity and good conscience within the meanof section 6 of ..... winfield in his text-book on tort observes:'when railways were coming into use in england, fatal accidents multiplied apace, and this made reform of the law imperative; as it stood, if there was to be an accident at all, the more people who broke their necks instead of being merely injured in it, the better for the railway company; for, while injured survivors could recover heavy damages ..... the true measure of damage in such cases is the difference between the market price before and after the accident.the plaintiff has proved by evidence both oral and documentary, which has not been seriously challenged before us, that the bus .....
Tag this Judgment!Court : Rajasthan
Reported in : 1997CriLJ1778
..... learned counsel appearing for the accused-appellant has submitted that these two witnesses saw the whole incident so closely but did not report the matter to any body after the accident and thus, they appear to be chance witnesses and hence their testimony is of no credence.35. ..... then referred to the site plan and submitted that the facts found at the site eloquently proved that it was not a mere accident but very cold and calculated act to commit the murder of munir khan. ..... sessions judge then examined the circumstances ' under which this accident occurred and relying on the circumstantial evidence afforded by the site details concluded that it was not a mere accident but a well executed plan to commit the murder 6f munir ..... his statement is that he was driving the truck at that time and the accident occurred on account of rash and negligent driving of the scooter by munir khan ..... is stated in site inspection memo ex.p.5 that on account of the above accident, the stand of the scooter got stuck under the diesel tank. ..... in this statement, the accused gave a detailed description as to how the accident occurred and the language shows that the accused was stating the facts in first ..... 2 darshan kumar did not disclose this fact that the accident occurred while he was driving the above truck to anybody ..... 4 pradeep kumar acted promptly as soon as he saw the accident and summoned the jeep and shifted munir khan to the hospital without delay so that proper medical aid could be made available to the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1980WLN(UC)65
..... the fact that at this young age of 32, he has been disabled and handicapped by this accident further adds insult to injury and misery as it in pairs the future bright career of a young officer.14. mr ..... we have also discussed above the various implications of the above injuries and the permanent disability and also the serious suffering which the appellant had to undergo immediately after the accident and during the period of operation, treatment and his remaining indoor patient. ..... the tribunal after recording the evidence came to the conclusion that accident occurred on account of rash and negligent driving by the respondent satyanarain who was a driver of truck ..... ;(2) he was 32 years of age, he was working m collector, jaisalmer;(3) the accident has resulted in permanent disability of right leg in as much as the length has been shortend by 1 ..... he become unconscicus immediately after the accident and at pokaran, his condition was ..... the appellant at the time of the accident was an ias officer holding the post of ..... shri devendra raj mehta is an ias officer in the state of rajasthan on 7-1-69, the date on which the accident took place, he was collector, jaisalmer. ..... this appeal under section 110(d) of the motor vehicles act, 1939 has been filed by claimant shri devendra raj, against the judgment and award dated 25th august, 1972 of the motor accidents claim tribunal, jodhpur in civil misc. ..... appellant had profuse bleeding, due to the injuries caused by this accident and became unconscious. .....
Tag this Judgment!Court : Rajasthan
Reported in : II(1997)ACC320; 1998ACJ136; 1997(2)WLC544
..... nature specified in sub-section (1) of section 165 may be made-(a) by the person who has sustained the injury; or(b) by the owner of the property; or(c) where death has resulted from the accident, by all or any of the legal representatives of the deceased; or(d) by any agent duly authorised by the person injured or all or any of the legal representatives of the deceased, as the ..... (2) every application under sub-section (1) shall be made, at the option of the claimant, either to the claims tribunal having jurisdiction over the area in which the accident occurred, or to the claims tribunal within the local limits of whose jurisdiction the claimant resides or carries on business or within the local limits of whose jurisdiction the defendant ..... section 140 of the act, the claims tribunal shall give notice to the owner and insurer, if any, of the vehicle involved in the accident directing them to appear on the date, not later than fifteen days from the date of issue of such notice. ..... (emphasis supplied)section 158(6) reads as under:as soon as any information regarding any accident involving death of or bodily injury to any person is recorded or report under this section is completed by a police officer, the officer incharge of the police station shall forward ..... (ii) the judicial magistrate having jurisdiction over the area where accident occurred, while accepting the bail bonds of the driver and the surety bonds of the owner, shall impose conditions to be incorporated in the bonds that their .....
Tag this Judgment!Court : Rajasthan
Reported in : 1996(1)WLN474
..... that the person driving holds a licence to drive the motor car or has held and is not disqualified for holding or obtaining such a licence.clause (3) of the general exception included in the policy provides that 'any accident loss damage and/or liability caused sustained or incurred whilst any motor car in respect of or in connection with which insurance is granted under this policy is: (a) being used otherwise than in accordance with the limitation as to use or; (b) ..... it is contended by the learned counsel for the appellant that though the learned judge of the tribunal held the drivers of the bus and the jonga jeep, both, contributory negligent for the accident but still exonerated the owner and the driver of the bus and awarded the compensation only against the appellant, who is the owner of the jonga jeep. ..... the driver of the jonga jeep and the driver of the bus, were driving their respective vehicles rashly and negligently and on account of which the jonga jeep over-turned; the accident took place and the persons travelling in the jonga jeep received injuries and dr. ..... daulat singh parihar-the co-passenger and the injured in the accident- and pw s shanker singh it stands established that the accident took place on account of the rash and negligent driving of the jonga jeep by its driver ..... this appeal is directed against the judgment/award dated 15.4.82 passed by the judge, motor accident claims tribunal, jodhpur, by which the learned judge of the tribunal awarded a sum of rs .....
Tag this Judgment!Court : Rajasthan
Reported in : 1985WLN(UC)284
..... an appreciation of the evidence of pw 1 mangaldev; revealed that omnath disclosed the number of the truck rjq 1051 to him on the next date of the accident, which has been clearly corroborated by omnath also. ..... he thus, wants to draw the inference that the accident might have taken place, but the accident was not caused by truck no. ..... he has given the sequence of the accident in up-right manner he is the person on whose statement fir was ..... it is in the normal way that if the accident is caused immediately, brake is applied by the driver and thus, the speed of the truck is slowed down ..... appeal is directed against the judgment and award dated march 11, 1982, passed by the accident claims tribunal, jodhpur, in claim case no. ..... bhandari and submitted that accident has not been proved in this case and as such no liability can be fastened on the insurance company the testimony of pw 3 omnath is not ..... (2) that just after the accident, a truck of make ford was seen at a distance of 7 and 8 miles from jodhpur by gulab khan pw 5, when he was coming in his own truck from pali to ..... , in the totality of the circumstances, the only conclusion that can reasonably be derived from fair appreciation of evidence is that the accident was caused by truck no. ..... pw 1, who is the father of the deceased pw 3 om nath, who was a passenger with the deceased in the three-wheeler and ram chandra pw 8, station house officer, if correctly analysed, it will lead to only one conclusion that accident was caused by truck no. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1985WLN(UC)337
..... the learned claims tribunal after appreciating the entire evidence on record held that the accident took place on account of rash and negligent act of the driver of the jeep and over ruling all other contentions of the state, allowed the claim of ..... appearing on behalf of the appellants submitted that the learned tribunal gravely erred in allowing that the accident in question was caused on account of rash and negligent driving by the driver of the jeep. ..... am in agreement with the finding recorded by the learned tribunal on this issue and concurring with the finding of the learned tribunal held that the accident was caused by rash and negligent driving by the driver of the jeep.8. ..... alleged that she is in service as lecturer in savatri girls college, ajmer, and, on account of accident, she had to remain on leave without pay for complete one year. ..... singh alleged that he is in service of military and on account of his meritorious service in the 'indo-pak' war, he was awarded special medal, and, due to the accident, his future chances of promotions are greatly affected. ..... they filed separate claims petitions before the accident claims tribunal, the tribunal awarded claim of ..... it was alleged that the accident took place on account of negligence of ..... the report of the accident was lodged on 23rd march 1979 at police station sardarpura by man singh pw ..... on account of the accident, she received abrasions on her face ..... as a result of motor accident that happened on 23rd march, 1979 at about 9.50 .....
Tag this Judgment!Court : Rajasthan
Reported in : 1(2002)ACC264
..... learned counsel for the appellant first submitted that the accident took place due to mechanical fault over which the appellant had no control. ..... this is an appeal against the award given by learned judge, motor accident claims tribunal, udaipur dated 12.9.1996 in favour of respondents as against the appellant for rs. ..... the bus might have been mechanically examined after the accident but no mechanical report has been produced or proved. ..... so far as the factum of accident is concerned, it is admitted by the appellant but according to the appellant's counsel the accident occurred due to mechanical failure of the bus and that the doctrine of res ipsa loquitur was not applied by the learned tribunal.8. ..... but when the claimants' witness vinay pratap singh appeared he was suggested in the cross-examination that the accident occurred due to failure of brakes. .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2006)ACC652; 2007ACJ52; RLW2006(2)Raj1306; 2006(2)WLC225
..... once this fact was established, the burden shifted on the respondents to show that the accident did not happen in the way alleged by the claimant. ..... since the appellant's testimony on the factum of the accident has not been demolished, there is no cogent reason for not believing him. ..... the claimant was required to establish that he met an accident due to rash and negligent driving of the scooter driven by surendra kumar malholra. ..... therefore, not only the factum of the accident is suspect, but the credit-worthiness of the witness is doubtful. ..... consequently, he filed a claim petition before the motor accident claims tribunal, jaipur, for compensation of rs. ..... moreover, at the time of the accident prakash chand was merely a 19 years old who cannot be expected to know the intricacies of the criminal justice system. ..... although the lodging of fir in an accident claim is desirable, but its existence or non- existence cannot be made a basis for the success of a claim filed by an injured person. ..... because of the said accident, the appellant lost his balance and fell. ..... in a motor accident claim, the claimant is not required to prove his case beyond shadow of reasonable doubt. ..... hence, there is both oral and documentary evidence to establish the occurrence of the accident. ..... the insurance company filed its written statement wherein it admitted that the offending vehicle was insured with them, but denied the factum of the accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1(1986)ACC350
..... truck-driver had just crossed the intersection while he was driving on the left of the road, while the motor-cyclist was entering the inter-section from south and at that time the accident took place.5 the contention of the learned counsel for the appellant is that the truck came at the inter-section and hit the motor-cyclist from the front of the truck and as ..... the apportionment of this negligence is concerned, learned counsel for the appellant has tried to show that the blame of the motor cyclist should not be assessed at more than 25% but the circumstances in which the accident occurred, where the motor cyclist came and hit the moving truck on the front left bumper and the front left wheel cannot minimise his negligence. ..... the appellant in the alternative has also contended that even if the claimant is held to be negligent to some degree and the accident can be said to have occurred, wherein he also contributed some negligence, then his negligence should be assessed at less than 50%. ..... in these circumstances the motor-cyclist was not held liable for contributory negligence in causing the accident because there was no evidence to suggest any negligence of the deceased and there was evidence that the bus driver drove the bus at excessive speed even while approaching the crossing ..... they are the owner and driver of the truck, which was involved in the accident and their contention is that the accident occurred due to negligence of the claimant himself and as such he is not entitled .....
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