Court : Rajasthan
Reported in : I(2001)ACC252; 2002ACJ145; 2000(3)WLC357; 2000(2)WLN608
..... it, therefore, cannot be said by the insurance company that when it is statutorily and even contractually liable to reimburse the employer qua his statutory liability to pay compensation to the claimants in case of such motor accidents to his workmen, the interest on the principal amount which almost automatically gets foisted upon him once the compensation amount is not paid within one month from the date it fell due, would not be a ..... on the aforesaid interpretation of these two statutory schemes, therefore, the conclusion becomes inevitable that when an employee suffers from a motor accident injury while on duty on the motor vehicle belonging to the insured employer, the claim for compensation payable under the compensation act along with interest thereon, if any, as imposed by the commissioner, under sections 3 and 4-a(3)(a) of ..... employer is adjudicated upon by the commissioner and in either case the commissioner would be justified in directing payment of interest in such contingencies not only from the date of the award but also from the date of the accident concerned. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1(1992)ACC201
..... after framing necessary issues and recording the evidence of the parties, the learned tribunal passed the said award holding that the accident took place due to rash and negligent driving of the water tanker by the driver shankarlal and the claimants are entitled to ..... barmer, in charge of maintenance of water tankers including the said tanker no rjc 3798, has deposed that immediately after the accident he went to the place of occurrence and found the driver shankarlal and khalasi kishore singh there and on his query kishore singh disclosed that shankarlal had dashed the bullock cart ..... contended by the learned additional advocate general that thelearned tribunal has seriously erred to hold that the accident took place due to the rash and negligent act of the driver shankarlal. ..... all, these facts and circumstances leave no manner of doubt that the accident took place due to rasa and negligent driving of the water tanker by its driver ..... they further averred in their reply that the accident took place as the bullocks got scared on hearing the noise of the on coming water-tanker, the speed of the water tanker before the accident was quite normal and shankarlal was driving the tanker with due ..... 4,48,877/ averring that at the time of the accident, bhagwanaram was serving as a key-man in the northern railway, barmer, the ..... in the absence of pay certificate it could not be held that the pay scale was revised from 225-308 to 8825-1200 and at the time of the accident bhagwanaram was getting rs. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(1)Raj801
..... 744 of 1997, decided on 1.6.2005, this court held as under;in the matter of composite liability, that is where the accident occurred due to the negligence of drivers of two vehicles and therein a person dies or sustains injuries, the claimants are entitled legally to recover the amount of compensation from the tortfeasors or against any one as ..... modi, 1981 acj 507 (sc), held that the delay in the final disposal of mptor accident compensation cases, as in all other classes of litigation, takes a sting out of the laws of compensation and added to that the monstrous inflation and the consequent fall in the value of rupee makes the ..... (1985) ac 322, held that the joint tortfeasors are jointly liable in the accident cases for the negligence, can be made liable jointly and severally. ..... the claimants filed four applications for compensation before the motor accident claims tribunal, jaipur district jaipur in respect of death of baldev nath, dhani ram and gargi dullam, and one injured ..... dhani ram, gargi dullam, who died in this accident and kamal, who sustained injury, were travelling in the ..... the aforesaid case, after considering the said point, held as under;pursuant thereto, the motor accidents claims tribunal framed a fresh issue 'whether non-applicant no. ..... these five appeals, arise out of one accident and are directed against the common judgment/award dated 12.7.1993 passed by the motor accident claims tribunal, jaipur district jaipur, therefore, all these appeals are being disposed of by .....
Tag this Judgment!Court : Rajasthan
Reported in : 2(1985)ACC158
..... the record, as discussed earlier, that the driver of the private bus was more negligent that the driver of rjr 2278, but both were negligent and the negligence of both and result in the accident in which a good number of passengers had died and out of them only two representatives of those persons had filed the claim.26. ..... this however does not make any difference as there is positive circumstantial evidence to indicate that the accident happened as the result of the negligence of the driver.in the case of gujarat state road transport corporation ..... the person who is driving can be in the better know about the fact of accident and how it occurred, then the conductor or any of the passengers who is plying on the ..... dealing with the merits of the case, i would like to mention that the motor accidents claims tribunal hereinafter referred to as the tribunal) passed an award on 22nd july, 1972 ..... : rjr: 2278 and rsl: 5434 were equally responsible for the accident and that is why he has allowed half of he compensation to be borne by each of the owners of the bus in other case, but the has seriously erred in law and on facts in decreeing the entire amount of compensation in this case to ..... a perusal of the witnesses, statements i have come to the conclusion that the tribunal was right in holding that the accident was caused by the dangerous driving of the driver hri singh. ..... cross-examination, he has stated that before four-five minutes of the accident, they saw a private bus coming towards them. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(3)Raj1815; 2002(4)WLN350
..... the statements of pw-5 goparam, who is an injured witness and pw-3 chatraram apart from the statement of pw-2 motaram.11. thus, both the courts below concurrently found that at the time of alleged accident, the tractor in question was being driven by the accused petitioner and the accused petitioner was driving the tractor rashly and negligently and because of rash and negligent driving, of the tractor by ..... notice under section 133 of the motor vehicles act to the owner of the tractor and the same is ex.p/17 where there is endorsement that at the time of accident, the tractor was being driven by the accused petitioner.after usual investigation, the police submitted challan in the court of chief judicial magistrate, jalore against the accused petitioner ..... both the courts below that the accused petitioner was driving the tractor in question at the time of alleged accident and he was driving the tractor rashly and negligently and because of cash and negligent driving of the tractor by the accused petitioner, the alleged accident took place and in that accident, one person, namely, sakaram died and two persons, namely, pw-4 bhuraram and pw-5 goparam received ..... to the hospital at jalore, where he was declared dead and driver of the tractor in question was accused petitioner bagdaram and he has caused that accident by driving the tractor rashly and negligently.on this statement, regular fir ex.p/18 was chalked out at police station kotwali, jalore and investigation was started. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(2)Raj1153; 2002(5)WLC639; 2002(5)WLN572
..... and accused shaukat ali for offence under section 94/125 of the motor vehicle act inter alia holding:i) at the time of accident the car in question was being driven by the accused petitioner rashly and negligently as this fact is very much established by the site plan ex.p/6 & p/6a apart from other ..... , but since in the present case, the present accused petitioner is not a professional driver and after the accident, the stopped the car and did not try to run away from the scene and further more, he himself took the deceased to the hospital, all these factors compel the conscious of this ..... learned trial magistrate in his judgment at page 6 has clearly discussed this aspect and, he has come to the conclusion that at the time of accident, the car was being driven by the accused petitioner rashly or negligently and that is why the accident took place on the wrong side of the car.17. ..... place 'a' is on the right side of car and at the end of the road which clearly reflects that the accident took place on the wrong side. ..... site plan ex.p/6, it is also stated that the accident took place at place a and the vehicle after the accident went upto place 'b'. ..... ii) that the accused petitioner caused accident after diving his car on wrong ..... present case, both the courts below have concurrently held that the accused petitioner was driving the vehicle in question at the time of accident and that the accused petitioner was driving the vehicle rashly and negligently, as a result of which, accident took place. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2008ACJ1709
..... of the act has to be liberally construed especially after amendment made effective from 14.11.94 by virtue whereof, the claimants can file claim petition either at the place (1) where the accident took place or (2) within local limits of jurisdiction where claimants reside or carry on business or (3) within local limits under whose jurisdiction defendants reside, no doubt, the claimants are permanently resident ..... could be raised and taken note of was that claimants could have filed claim petition within local limits of jurisdiction at sambhar lake within whose jurisdiction, place of accident dudu lies, where the accident took place and thus rejecting claim petition on such a technical plea in fact frustrates the very object with which an amendment has been made under section 166(2) ..... the law commission in its 119th report had recommended that every application for a claim be made to the claims tribunal having jurisdiction over the area in which the accident occurred or to the claims tribunal within local limits of whose jurisdiction the claimant resides or carries on business or within the local limits of whose jurisdiction the defendant resides at the option ..... (1) has been left totally at the option of the claimant, either to the claims tribunal having jurisdiction over the area where the accident took place, or to such tribunal within local limits of whose jurisdiction the claimant resides or carries on business or within local limits of whose jurisdiction the defendant resides.14. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1977Raj116; 1976(9)WLN798
..... these two appeals under section 110-d of the motor vehicles act, 1939, preferred by two sets of claimants, directed against the judgment of the motor accidents claims tribunal, bharatpur, dated 27-1-1973, raise a common question and therefore are disposed of by this common judgment. 2. ..... 3 harpal singh who is a driver employed in the office of the district forest officer, bharatpur, on its finding that the accident resulting in their death, was caused due to his rash and negligent driving of a government jeep. ..... 2, went on a spree, the accident occurred some three hours after the jeep was taken out of the workshop. ..... when an officer was taking a test of c, the latter without giving a signal suddenly took a turn and met with an accident. ..... of these, kedarnath gupta and horilal jain succumbed to their injuries three days after the accident. 5. .....
Tag this Judgment!Court : Rajasthan
Reported in : II(2002)ACC588; AIR2002Raj230; 2002(2)WLC763
..... case, the evidence on record suggests that it was not the fault of the driver driving the unregistered vehicle which caused the accident but a categorical finding has been recorded that it was the driver of the bus who was driving in a rash and ..... the impugned award is that the deceased were travelling on a vehicle known as'jugad' which is not a registered vehicle and since these persons were travelling on the unregistered vehicle and died in the accident, they were not entitled for any amount of compensation since the manner of travelling itself was illegal. ..... a categorical finding has been recorded against the driver of the vehicle that the accident took place since the bus was driven in a rash and negligent manner as a consequence of which the 'jugad' on which the deceased persons were travelling was hit, killing three ..... inferred that if a bullock-cart or a camel-cart is hit by a bus, truck or any other vehicle, the persons or their legal representatives boarding the same would not be entitled to the amount of compensation even if the accident takes place on account of rash and negligent driving of any vehicle colliding with it. ..... a common award was passed by the motor accident claims tribunal, beawar in four claim cases which were filed by four different claimants in regard to three deaths which took place on account an accident caused by a bus owned by the rajasthan state road transport corporation (for short 'rsrtc') since it hit a vehicle called 'jugad' in colloquial terms on .....
Tag this Judgment!Court : Rajasthan
Reported in : 1986(2)WLN275
..... further and that the view taken in the aforesaid judgment is further fortified by the fact that a new clause (aa) has been inserted in section 110(1) of the act, by virtue of which an application for compensation arising out of an accident of the nature specified in sub-section (1) of section 110 may be made by the owner of the property. ..... 47 of 1978, which came into force with effect from 16th january, 1979, clause (aa) was inserted in section 110-a(1) of the act, which further fortifies that an application for compensation arising out of an accident of the nature specified in sub-section (1) of section 110 may be made by the owner of the property. ..... this amendment now enables the claims tribunal to entertain an application for award of damages in respect of accident involving death of or bodily injury to persons arising out of use of motor vehicles, or damages to any property to a third party so arising or both. ..... proviso to section 110(1) merely enumerates the contingency where with a claim referred to in section 110, for compensation in respect of damage accident involving death or bodily injury a claim for compensation is included in respect of damage to property exceeding rs. ..... section 110 of the act is quite clear which provides claims for compensation in respect of accident involving death of, or bodily injury to persons arising out of the use of motor vehicle for damages to a third party so arising or both. .....
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