Court : Rajasthan
Reported in : AIR1973Raj317; 1973()WLN249
..... since the plaintiffs were informed that the truck had been transferred prior to the date of the accident to sardar brijendra singh under a hire-purchase agreement with narula finance company, they also impleaded the said company as ..... case the insurance company set up the plea of transfer in a suit for damages on account of an accident having taken place by the vehicle insured with the company. ..... the truck in question exchanged hands and it came into the possession of sardar brijendra singh, even then harcharan lal and sons cannot escape the consequences of the accident on the mere ground that it had been transferred by them. ..... it was held that manakchand died on account of the accident which had taken place on the mirza ismail road on 11-10-1960 on account of rash and negligent driving by gurbaksh singh, driver of the ..... as such he was no longer liable for accident having taken place with the said vehicle. ..... therefore, hold that gurbaksh singh continued to remain in the employment of harcharan lal and he drove the truck on the date of the accident hi the course of his employment as a driver.22. ..... company only pleaded that it was not liable for the accident as there was a transfer by defendant no. ..... judgment, therefore, harcharan lal and sons being the ostensible owners of the truck were liable for the consequences of the accident which took place on 11-10-1960.19. ..... hold that harcharan lal as proprietor, harcharan lal and sons has a civil liability for the accident by the truck hi question.21. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1993ACJ478
..... 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 had no back light and there was no indication of its being standing stationary for the incoming vehicles. ..... 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 ..... 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. ..... of the parked truck ran away with the truck after the accident and did not file written statement or gave evidence in the witness ..... 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 ..... 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. ..... apportionment of liability did not arise in that case as it was a case of composite negligence and the victim of the accident could recover the entire amount of compensation from either of them. ..... 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 .....
Tag this Judgment!Court : Rajasthan
Reported in : 1990WLN(UC)78
..... of or the courts below, has contended that there was sufficient material on record that there was no negligence on the, part of the petitioner and that the accident took place on account of failure of brakes and the petititioner had taken all the possible precautions to avoid accident but because there was a tanker coming from opposite direction and also a up roadways bus coming from agra side, the petitioner took his jeep on one ..... the accident took place because the brakes of the jeep had failed suddenly and in my opinion it cannot be said that the petitioner was driving the jeep rashly or negligently. ..... it will therefore be clear that the brakes of the jeep suddenly failed and the driver could not avoid accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2001)ACC555; 2001(4)WLC194; 2001(1)WLN703
..... (1), the apex court had held that the compensation payable to a victim of an accident, the damages have to be assessed separately as pecuniary damages and special damages. ..... after framing the required issues in regard to accident, negligence and quantum of compensation, the tribunal considered the statements of witnesses and the documents including fir, site plan, injury report, charge sheet, certificate of permanent disability, and other documents. ..... 2, 07,000/- on account of the injuries sustained by the claimant in the accident occurred on 22.1.98 when the bus of the corporation no. rj. ..... appeal has been preferred challenging the award dated 19,7.2000 passed by motor accident claims tribunal, gangapur city in mact case no. ..... the accident had been caused because of negligence of the driver of bus of rsrtc. ..... it was held by the tribunal that the buswas being driven by the driver of the bus of rsrtc with very high speed, negligently and rashly and caused the accident. (3). .....
Tag this Judgment!Court : Rajasthan
Reported in : 1994(1)WLN485
..... modi : [1982]1scr860 held that the delay in the final disposal of motor 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 fail in the value of rupee makes the compensation demanded years ..... it is now well settled that the appropriate method of assessment of compensation in the case of accident is the method of capitalisation of the amount of dependency by choosing a multiplier appropriate of the age of the deceased or the age of the dependence whichever is lower. ..... : [1993]1scr321 the deceased was 26 years of age at the time of accident keeping in view the age of the father what was 70 years of age, the compensation was enhanced by adopting multiplier of 24 years instead of 17 years applied by the tribunal. ..... the court had taken into consideration that an accident has taken place in 1987 and it has taken almost fifteen years for final disposal of the cast and such deduction was not justified. ..... this appeal is against the award made by motor accident claims tribunal, dungarpur dt; 23.5.85 passed in motor accident claims case no. 47/82(52/81).2. ..... at the time of accident the deceased had two minor children of 2 years and years respectively in age and widow had lost consortium and mother was the age of 55 years while both the children had at least abut 20 years of .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002ACJ1473; 2001(1)WLN295
..... principle, it must be shown that the vehicle was under the management of the defendant and that the accident is such as in ordinary course of things does not happen if those who had the management used proper ..... burden is on the defendant to show either that in fact he was not negligent or that the accident might more probably have happened in a manner which did not connote negligence on his part. ..... was held that normally it is for the plaintiff to prove negligence but as in some cases considerable hardship is caused to the plaintiff as the true cause of the accident is not known to him but is solely within the knowledge of the defendant who caused it, the plaintiff can prove the accident but cannot prove how it happened to establish negligence on the part of the defendant. ..... avoided by applying the maxim res ipsa loquitur, which means that the accident tells its own story and under such circumstances, on proving that the deceased died as a result of motor accident, the burden shifts on the respondent to prove that the accident did not happen due to his own negligence. 12. ..... on 3.1.1998 atma ram and tara chand (now deceased involved in the accident) were coming on scooter from beawar to ajmer when they were hit ..... is no eyewitness available or even if there is any eyewitness, such a witness is not under the control of claimants as they may not like to come to the court for deposing about the accident and in such circumstances the principle of res ipsa loquitur as enunciated is applicable. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1987(2)WLN710
..... that when the ownership of the bus is not in dispute and the production of the bus would be required, if at all, only for the limited purpose of identification that this was the bus which was used in accident, then in case of public under, taking like the corporation the requirements of separate surety bond would be against all cannons of justice and further impermissible and not feasible.3. mr. ..... in the jurisdiction of the police station pahari district bharatpur, an accident took place with bus no. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2007(1)Raj123
..... goods were damaged, had not been impleaded, in whose absence the suit cannot be maintained, the train, wherein the goods were loaded, met with an accident in between okha mandi and kuranga station by getting detailed, and some carriages were run over by other carriages, which accident was an act of nature, and is not attributable to any negligence of the railway authority, therefore, the plaintiffs are not entitled to claim any damages. ..... 5, being a crucial issue, after appreciating the evidence led on the side of the defendant, about the cause of happening of accident, including the report of enquiry, and the findings recorded therein, it was considered, that ultra sonic testing was not undertaken, and it is not established, that the railway track was examined, as no certificate about checking ..... 6, who was the president of the enquiry commission, which was appointed to enquire about the cause of accident, the accident occurred on account of internal defect in the railway track, and rail line was found bent, and one line was found to be broken, he has also deposed, that on inspection of broken line, it revealed, that the ..... thus, may be, that on the face of the provisions of section 74(3), it is required to be proved positively by the plaintiff, that the accident was on account of misconduct or negligence on the part of the railway, but then, the expression negligence only means, failure to take requisite care and caution, which results in damages to the plaintiff, and the extent .....
Tag this Judgment!Court : Rajasthan
Reported in : 1987WLN(UC)673
..... of the factory to send notice thereof to such authorities, and in such form and within such time, as may be prescribed, where in any factory an accident occurs which causes death, or which causes any bodily injury by reason of which the person injured is prevented from working for a period of forty-eight hours or more immediately following the accident, both the manager and the occupier are liable for punishment in contravention of section 88 of the act, 1934. ..... bapna, learned counsel for the accused petitioner is that under section 88 of the act where in any factory an accident occurs which causes death, or which causes any bodily injury by reason of which the person injured is prevented from working for a period of forty-eight hours or more immediately following the accident, or which is of such nature as may be prescribed in this behalf, the manager of the factory shall send notice thereof to such authorities, and in such form ..... the said manager under section 88 of the act was required to send notice of the accident to such authorities and in such form as may be prescribed. ..... emperor air 1932 pc 188) a similar view was taken and it was further held that joint trial of manager and occupier for failure to report accident is not bad in law. ..... the said worker was present for working for the period of 8 hours or more immediately following the accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2(1986)ACC493
..... an earlier decision of a division bench 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 'anyone' accident and that on a true construction of the relevant words when there are several accidents, in 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.8. ..... 1984 acj 560, the question arose in the following circumstances before a division bench of the gujarat high court:an accident in which two vehicles collided with each other took place at gandhinagar on october 14, 1974, in which a young man lost his life and another sustained ..... rw 3/b clause (1) of that policy states: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 against all sums including claimants costs and expenses which the insured shall become legally liable to pay in respect of death of or bodily injury ..... (2) subject to the proviso to sub-section (1), a policy of insurance shall cover any liability incurred in respect of any one accident up to the following limits, namely-(a) where the vehicle is a goods vehicle, a limit of (fifty) thousand rupees in all, including the liabilities, if any, arising under the workmen's compensation act, 1923 (8 of 1923), in respect of the death of, .....
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