Court : Rajasthan
Reported in : 1988WLN(UC)421
..... not seen the occurrence on the basis of this evidence, the learned lower courts have held that the prosecution has conclusively proved that the truck was driven rashly and negligently and the accident has taken place on account of the negligence of the driver this conclusion of the courts below is totally unsustainable. ..... even if he was sitting outside the shop then too, the accident has not taken place from the front wheel of the truck but it has taken place from the rear outer portion of the right side of the wheel thus, the manner in which this incident ..... pw 1 ramchandra, who was sitting on his shop saw the accident, reported this matter to the police on phone and later on, when the police came to the spot, his statement was recorded and then a formal fir was drawn.3. ..... therefore, it can not be said that it was on account of rash and negligent d riving of the driver that the accident has taken place. ..... more over, in such circumstances, the eye witnesses who were on the southern side of the road could not have observed the accident taking place on the northern side of the road specially because the truck would band their view of the accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2(1993)ACC325
..... is thus well proved from the oral and documentary evidence on record that the truck was standing stationary on the asphalted road immediately before the accident, it has no back light and there was no indication of its being standing stationary for the incoming vehicles. ..... injured passenger kumari anjana, aw 2, has categorically stated on oath that immediately before the accident the truck was standing on the middle of the road and with no back light. ..... has been contended by the learned counsel for the appellant uttam kumar that the learned tribunal has seriously erred to hold that the accident occurred due to rash and negligent act on the part of the driver of the bus. ..... driver of the parked truck ran away with the truck after the accident and did not file written statement or gave evidence in the witness- ..... kumari anjana, aw 2, has categorically stated on oath that immediately before the accident the bus was being driven with an excessive speed and it was wavering. ..... of these facts, circumstances and statutory provisions, it can well be said that the accident occurred due to the composite negligence of the drivers of both the vehicles.10. ..... exhs, 15 and 16, of the collided vehicles were taken after the accident and they show that the truck was standing on the asphalted road. ..... the first question for consideration in these appeals is whether the accident took place due to rash and negligent act on the part of the truck driver or on the part of the bus driver or on account of their composite .....
Tag this Judgment!Court : Rajasthan
Reported in : 2005ACJ1653; AIR2004Raj131
..... also, and it was contended that a person of 19 years of age can hold a licence but he cannot drive a transport vehicle, and therefore, if such a person causes accident, the insurance company cannot be held liable, and therefore, for the purpose of deciding the contention of the insurance company, about validity of driving licence of the driver, the categories ..... affidavit stating that the certificate has been lost or destroyed, or that either before or not later than fourteen days after the happening of the accident the insurer has commenced proceedings for cancellation of the certificate after compliance with the provisions of section 105; or(b) that there has been a breach of a ..... to defend the action on any of the following grounds, namely:-- (a) that the policy was cancelled by mutual consent or by virtue of any provision contained therein before the accident giving rise to the liability, and that either the certificate of insurance was surrendered to the insurer or that the person to whom the certificate was issued has made an ..... it is more than clear that it is a comprehensive statute, clearly stipulating and enacting various provisions, to ensure the public safety, prevention of, or at least substantial avoidance of, the unfortunate accidents, by laying down the requirements of driving licence, categorizing various types of vehicles, laying down different parameters of eligibility, to hold driving licence with respect to particular category of vehicle, providing .....
Tag this Judgment!Court : Rajasthan
Reported in : 2009(2)WLN451
..... it is also submitted that the claimant could not note down the number of the vehicle from which the accident was caused and, therefore, he falsely implicated the appellant's vehicle.5. ..... the appellant's witness naw1 yajdev though stated that he merely helped the victim by taking the victim to his house by putting the victim in jeep and also stated that the accident was occurred by the jeep no. ..... it is submitted that in fact, the driver of the appellant's jeep merely helped the victim as he found the victim sitting injured after the accident, which was caused by jeep no. ..... 16.08.2007 passed by motor accident claims tribunal, sri ganganagar in mact case no. ..... it is also submitted that the claimant in his statement before the tribunal very specifically admitted that the number given in the fir of the vehicle which is rj 13c 0155 is the vehicle by which the accident was caused. ..... there may be possibility of confusion in mentioning the vehicle number in the fir because of the reason that there being similarity in the number of vehicles mentioned in the fir and the vehicle found involved in the accident.8. ..... learned counsel for the appellant submitted that the appellant's vehicle has been wrongly involved in the accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : III(2006)ACC258
..... in this view of the matter the finding of the tribunal to the extent that accident occurred on account of negligence of driver of the scooter deserves to be reversed and it must be held that accident occurred due to the rashness and negligence of the drivers of both the vehicles.5. ..... the learned tribunal considering the evidence and material on record concluded that accident took place on account of negligence of claimant himself and, therefore, he is not entitled to claim any compensation and accordingly dismissed the claim petition.3. ..... for the reasons aforesaid, the case is remitted to the learned motor accident claims tribunal, jaipur city, jaipur with the direction to decide the quantum of compensation to be paid to the claimant, after giving opportunity of hearing to both the parties. ..... the only grievance of the learned counsel for the appellant is that the tribunal has fallen into error in arriving at a conclusion that accident occurred on account of negligence on the part of the claimant himself. ..... undisputedly, the accident took place at the crossing and, therefore, both the drivers had a duty to be careful while driving on a highway and more particularly while crossing the road at a crossing where vehicles proceeding from the other direction ..... 2,51,500 on account of accident that took place on 23.10.1986 at the crossing of the road. ..... in my view both the drivers transgressed the limits of necessary caution and that occasioned the accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1(1992)ACC119
..... it is very sad that two persons lost their lives, but if somebody over- takes the bus from its wrong side, it is not possible for the driver to see them and, therefore, if any accident takes place, more so when the bus was not at high speed, the driver of the bus cannot be held guilty for negligent and rash driving.5. ..... thereafter, when the scooter was ahead to the bus, an accident took place and both the deceased persons died on the spot and the accused petitioner who was the driver of the bus ran away. ..... the learned magistrate also said that may be that before the accident the scooter driver had over-taken the bus from the wrong side but when the accident took place it was being driven at the right side by its driver and it is a case of the negligence of the driver of the bus that the accident took place.6. ..... but his plea was that the accident was not as a result of rash and negligent driving by him. ..... for the petitioner because pw 6 sushila on whose statement such an argument has been advanced has clearly said in the cross examination that the scooter had overtaken the bus near lal mahal and the accident took place after 5.10 minutes thereafter. ..... because the scooter was on the wrong side, he could not see, the scooter coming, from the driver seat, and the accident took place. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003WLC(Raj)UC8; 2002(3)WLN55
..... the shot discharged at random strikes its object by chance; that which is turned aside from its well-directed aim by some unforeseen circumstance misses its mark by accident.14. ..... there is a wide difference between chance and accident. ..... to strive which can raise the heaviest weight, or live the longest under water, as it is to test the speed of two horses, it is said that a horse race is not only uncertain in its result, but is often dependent upon accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : [1989]65CompCas353(Raj); 1987(1)WLN332
..... one person and subject to the aforesaid limit in respect of any one person to rs......in respect of any number of claims in connection with any one such vehicle arising out of one cause : provided always that in the event of an accident occurring whilst such motor vehicle carrying more than the number of persons mentioned in the schedule hereto as being the licensed carrying capacity of that vehicle in addition to the conductor, if any, then the insured shall ..... 226 of 1984, 230 of 1984, 228 of 1984, 215 of 1984, 141 of 1985, 42 of 1985, 139 of 1985, 140 of 1985 and 138 of 1985, all arise from one accident in which a number of persons were injured and two, including the driver-cum-owner, were fatally injured. ..... it may be clarified that though i have already held that the driver of the car was also responsible partially for the accident and it was a case of contributory negligence by him in the accident, for the passengers, it would be a case of composite negligence.40. ..... now, after 'analysing the evidence, it is obvious that the accident happened primarily on account of the fact that the trailer came on the reverse side without a light and without there being any person giving a signal nor was any horn given. ..... reverse side and no signal is given, no horn is given, no light in the shape of back light, then it is bound to create problem for the incoming vehicle whose driver would notice it at such a time and occasion when the accident would become imminent and there would be no escape. .....
Tag this Judgment!Court : Rajasthan
Reported in : [1988]64CompCas613(Raj)
..... of that court, a view was taken that in case of third party risk, section 95(2), in terms, provided that the policy shall cover any liability in respect of ' any one ' accident and that on a true construction of the relevant words, when there are several accidents, in the case of every injured person, there would be an accidental injury and that, therefore, in case of every such injured person, the insurer would be liable to satisfy the award ..... it was observed as under (at pages 318 and 319):'it was vehemently contended by the learned counsel appearing on behalf of the appellant that if the meaning of the expression in respect of ' any one accident ' as given by the supreme court in the 1981 case is to be accepted even in relation to claims relating to passenger buses, then, it would do violence to the express intention of the legislature in sub- clause (4) and make ..... above case were that a passenger bus belonging to the appellant while travelling from ludhiana to raikot met with an accident on february .11, 1959, as a result of this accident, two persons, namely, bachan singh and narinder nath, died on the spot and some others received minor injuries ..... clause (1) of that policy says: 'subject to the limit of liability the company will indemnify the insured in the event of accident caused by or arising out of the use of the motor vehicle in a public place againt all sums including claimants costs and expenses which the insured shall become legally liable to pay in respect of death .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1973Raj187; 1972()WLN1052
..... (5) the corporation has failed to implement the third party liability insurance fund rules with the result that the persons injured due to accident could not get benefit of these rules. .....
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