Court : Rajasthan
Reported in : 1972WLN580
..... 6 ram mehar singh, station house officer, churu, that he reached the spot soon after the accident and he saw the bus standing at a distance of 11 m. ..... in that situation, it is no part of the duty of the court to punish with savage sentence every motorist, who has the misfortune to cause an accident, resulting in loss of life, even though the accident may be due to an error of judgement.7. ..... it is indubitably regrettable that the accident in question resulted in the death of two young persons, but the court cannot allow itself to be prejudiced by that circumstance. ..... in the cases of motor accidents one has to consider whether the act of the driver was rash or negligent which has occasioned the death or whether it shows callousness on the part of the driver as regards the risk to which he was exposing the ..... both gulam hussain and mohammed yasin, as a result of the accident died on the spot. ..... in the present case the distance covered by the bus after the accident was about 15 to 20 ft. ..... the bus, after the accident, stopped at a distance of 15 to 20 ft. ..... see p 82, trial of motor car accident cases, by a.d. ..... if not impossible, to avoid a certain number of accidents. ..... it is also not denied that both mohammed yasin and gulam hussain died as a result of this unfortunate accident. ..... the appellate court further found that the accused ran away after the accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1972WLN1008
..... it would have been indeed better if in the notification the government had specifically authorised the respective tribunals to transfer pending cases in accordance with the territories to which the accidents related but even in the absence of such specific order the tribunal at jaipur had two options: (1) to send the cases itself to the ajmer tribunal to enquire or (ii) to return the claim petitions to the petitioners to be ..... crucial question, and before we come to grips with it, it would be proper to restate it whether the claim for compensation under section 110 a arising out of the accident in the night between 5th and 6th june, 1964 could not be taken cognizance of by the tribunal because none was created within 60 days thereafter. ..... of sections l10a to 110 f to indicate a clear intention of the legislature that they would operate retrospectively and if they were given retrospective effect they were likely to deprive persons of vested right of action in cases of accidents occurring at any time within two years of the constitution of tribunal but more than sixty days prior to its constitution. ..... . even in the case of miss sirn rustomji air 1969 guj 233 it has been held that an accident taking place prior to the constitution of claims tribunal, a claim for compensation it is the tribunal which has ..... the claimants holding that it had no jurisdiction to entertain the claim because the accident took prior to its constitution and therefore it has also no jurisdiction to condone .....
Tag this Judgment!Court : Rajasthan
Reported in : 1991(1)WLN423
..... in view of the principle laid down in the above cited cases and the fact that the accident has taken place in the year 1979 which is almost eleven years back on the fact that the petitioner is a government servant and the point of granting the benefit of the probation of offenders act have not at ..... at the time of accident the rickshaw was going infront of the jeep. ..... jeep collided with the rickshaw then this much can be drawn that the petitioner, while driving the jeep, did not care to drive the vehicle carefully otherwise chances were there to avoid the accident.4. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1980WLN(UC)490
..... appeal under section 110-d of the motor vehicles act against the award, dated august 27, 1974 of learned member' motor accident claims tribunal (district judge), ajmer, whereby, their claim for compensation was dismissed.2. ..... hence the issue stands decided in the way that there was an accident by opening of the door but it could not be substantiated whether it was due to the reason that the bolts were not in proper order.learned member further held that kailashchandra had purchased the ticket. ..... the most essential question that remains to be determined is whether the accident was the result of negligence of the driver and the bus-owners. ..... in these facts, it is obvious that the accident was atleast as a result of the negligence of the respondents no. ..... learned member of the tribunal came to the finding that the accident not occur due to negligence of respondents no. ..... the bolts of the door were in proper working condition and it was pure accident that the door flew open. ..... 1 to 5 and possibly of the accident was due to the fact that the hand of kailash chandra fell on the handle of the bolt of the door. ..... deceased kailashchandra was guilty of negligence and in any case of contributory negligence and accident occurred because of him. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2009(3)WLN106
..... before parting with the judgment, this court is of the opinion that the aforesaid accident took place on account of the tractor trolley being driven on the said road without proper light on the back side or radium or reflector so as to identify their existence and plying on the road. ..... the deceased was working as a manager in medical firm and was aged 43 years at the time of said unfortunate accident which resulted in his death and the salary certificate of rs. ..... at about 10 pm in the night, the said car taxi being driven in rash and negligent manner by the driver hit from the back side of the tractor running on the said road and on account of the said accident, said pradeep karnawat died. ..... this appeal is directed against the award of the motor accident claims tribunal (first), jodhpur dt. ..... in an accident which took place on 19.05.2007 the deceased pradeep karnawat along with few other persons was travelling in the insured car taxi no. .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2006)ACC153; 2007ACJ607; RLW2005(4)Raj2938; 2005(4)WLC769
..... the insurance company cannot be absolved of its liability to pay the compensation by simply pleading that the licence granted to the driver being for one class or description of vehicle but the vehicle involved in the accident was of the different class or description, unless it is proved that the cause of accident was the licence granted to the driver being for one class or description of vehicle but the vehicle involved in the ..... projected by the insurance company in the context of section 149(2)(a)(ii) and proviso appended to sub-sections (4) and (5) of the motor vehicles act, 1988 can succeed only if it is proved that the accident had taken place only because the driver not possessing requisite type of licence.'8. ..... shinder kaur, and hold that if on facts, it is found that accident was caused solely because of some other unforeseen or intervening causes like mechanical failures and similar other causes having no nexus with driver not possessing requisite type of licence, the insurer will not be ..... if on facts, it is found that the accident was caused solely because of some other unforeseen or intervening causes like mechanical failures arid similar other causes having no nexus with driver not possessing requisite type of licence, the insurer will not be ..... in claims for compensation for accidents, various kinds of breaches with regard to the conditions of driving licences arise for consideration before ..... confirming the order of the motor accident claims tribunal dated 20.4.1999. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1(1985)ACC97
..... pritam singh who was driving private bus dlp 3487 had died during the accident and the present appellants who were the legal representatives of the deceased pritam singh filed the claim for a sum of rs. ..... this is an appeal under section 110d of the motor vehicles act against the order dated 9-2-1972 passed by the motor accidents claims tribunal, jaipur rejecting the claim petition of the appellants.2. ..... he has submitted that in view of section 92-a of the motor vehicles act, the claim should not have been defeated even if the accident had taken place due to negligence of pritam singh.6. ..... learned counsel for the appellant also challenged the finding of the tribunal that the accident took place due to negligence of pritam singh.11. ..... learned tribunal held that the accident was caused due to the rash and negligent driving of bus dlp 3487 by driver pritam singh and not because of rash and negligent driving of bus rjl 6963 and, therefore, the learned tribunal held ..... the evidence of ramkishan (dw 2) who was driving bus dlp 3407 which was ahead of bus dlp 3487 cannot be relied upon as it was not possible for him to have seen and observe as to how the accident had taken place. ..... the accident took place on 26-9-1968 at a distance of 61/2 miles from jaipur on jaipur-ajmer road when roadways bus rjl 696 3 and a private bus dlp 3487 collided against each other. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1(1985)ACC322
..... mohanlal, the appellant has not been found of any contributory negligence on his part and the accident was held to be on account of the negligence of the truck driver and the motor cycle ..... even otherwise, in the cases of the claim petitions under the motor vehicles accident cases, where summary procedures are taken unless an objection regarding necessary parties is taken at the earliest opportunity, it cannot be allowed to be taken now in the appeal before the ..... tribunal found that the truck driver was driving the vehicle on the wrong side and on account of that, the motor cycle driver in order to save himself, took a long turn and the accident was caused in that process, the entire liability is clearly of the truck driver.10. ..... considered opinion, both babulal as well as the truck driver even if they are held to be so joint tort feasors and jointly liable in the accident cases for the negligence, can be made liable jointly and severally. ..... basical, motor cycle driver died on account of this accident and, therefore, there is all the more reason to overrule this objection of ..... negligence, the wrong doers are other than the injured or the deceased person, and he does not contribute to the events leading to an accident which results in injuries or death.12. ..... babulal died on account of this accident and the appellant sustained fractures and injuries for which he had to remain admitted in kota hospital from 25th april, 1979 to 5th may, 1979 and in bombay hospital for treatment from 7th may, .....
Tag this Judgment!Court : Rajasthan
Reported in : 1996(1)WLN350
..... from the above it clearly appears that under section 88a duty is cast on the manager of the factory to send notice of the accident to the competent authority in a particular form within the time prescribed under the act. ..... the learned magistrate held that the complainant came to know about the accident of 31.5.88 on 2.6.88 and, therefore, the complaint ought to have been filed on or before 1.9.88 under the act period of three months is provided for filling complainant. ..... the report can be submitted only after the personal inspection and till he is satisfied about the accident he would not be in a position to file the complaint. ..... he went to the place of accident on 23.6.88 and after enquiring about the accident he submitted his report. ..... the complainant has to go to the factory and enquire into the accident and submit his report regarding accident. ..... mere intimation or information of the accident is not enough. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2004ACJ693; 2004(5)WLC535
..... tribunal has held that there is no loss of earnings because he has got his due promotion and increase in salary but the tribunal has obviously overlooked that if he had not met with the accident and not sustained the fractures in his leg, the prospects of his getting better employment and thus a better earning could not be ruled out. ..... that is why it has been said by the courts that whenever any amount is determined as compensation payable for any injury suffered during an accident, the object is to compensate such injury 'so far as money can compensate' because it is impossible to equate money, it is well-nigh impossible to equate money with the human suffering or deprivations ..... however, while fixing the amount of compensation payable to a victim of an accident, the damages have to be assessed separately as pecuniary damages or special damages ..... 000 appears to be just, fair and reasonable compensation to be awarded to the appellant in this case on account of the injuries suffered by him in the accident and the award deserves to be modified/enhanced accordingly.10. ..... company by filing reply to the claim petition but the tribunal after framing issues and recording of evidence of the parties and affording an opportunity of hearing to them passed the award on 9.5.1995 holding that the accident occurred due to negligence of the driver of jeep no. ..... 200 on account of charges incurred by him for going to his duty and corning there from after the accident under the head of 'pecuniary damages'. .....
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