Court : Rajasthan
Reported in : I(2003)ACC462; 2004ACJ1260; 2003(1)WLC427; 2003(2)WLN180
..... the cyclist was hit from behind by the jeep and after the accident, the driver of the jeep reversed the jeep and then fled away with the jeep. ..... but instead of that, i consider it appropriate to compute the compensation on the basis of evidence which had been led by the parties before the tribunal, the claimants pleaded in the claim petition that at the relevant time of accident, deceased charanjeet singh was a young person of 28 years having monthly income of rs. ..... this appeal is directed against the judgment and award dated 23.3.1994 passed by the motor accidents claims tribunal, sri ganganagar (hereinafter referred to as 'the tribunal') in civil misc. ..... 1 and 2 cannot be sustained and is set aside and i hold that the said accident was result of rash and negligence of the jeep driver, respondent no. 2.13. ..... it is not the case of the respondents that at the relevant time of accident this witness was with the driver of the jeep or the occupant of the jeep. ..... any person, proceeding ahead, can well be noticed by the driver of the vehicle coming from behind and in such eventuality there cannot be an accident without being negligence on the part of the driver.12. ..... had they seen the accident, they would have promptly lodged the report soon after the accident and on these premises, the tribunal preferred the evidence of defence witnesses dw 1 bhanwar lal meena and dw 2 nagender singh, who are wholly interested witnesses. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(2)Raj1394
..... but, both the site plan (ex.432) as well as the photographs (exs.411, 413, 415 and 416), taken after the accident, clearly prove that the driver of the jeep was solely negligent in driving the jeep. ..... even if it is presumed that bus driver had contributed to the occurrence of the accident, the owner of the jeep would still be partly liable to pay the compensation for the damages caused to the bus, since the bus had been damaged by the negligence on the part of jeep driver.6. ..... however, as this court has held that the accident was caused not only due to the negligence on the part of bus driver, but also due to the negligence on the part of jeep driver. ..... the other two photographs, namely exs.411 and 413, taken in the day time, also reveal that the accident had occurred in the middle of the road. ..... at times, while the witnesses may not reveal the complete truth, documents, specially photographs in the case of accident, are more revealing about the truth. ..... according to learned counsel, the learned tribunal has conjured up the fine details of the accident, which were not supported by any evidence. ..... he has further contended that since two vehicles were involved in the accident, therefore, it is a case of contributory composite negligence. ..... according to the learned tribunal the accident was caused solely due to negligence of the bus driver, amar singh ..... an award dated 19-8-2006 passed by motor accident claims tribunal jhunjhunu ('the tribunal' for short) has brought 15 appeals before this court.2 .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1986Raj18; 1985(1)WLN461
..... the instant case, dhanniram was 18 years of age and undoubtedly a bright boy having obtained third position in merit in higher secondary at the time when on account of the unfortunate accident he was taken away from the parents and all expectations of the future light (life? ..... must add that the important salient feature which should be kept in mind by the accident claims tribunal in all such cases is that the compensation though permissible according to the provisions of the fatal accident act, is to be determined as per the legislative trends. ..... to the cross-objection of the claimants, a detailed legal debate was allowed because of paucity of judgment of this court on the question as to what criteria or formula should be adopted in case of determination of the compensation when the fatal accident is of a young boy who is not earning at the time of death. ..... who has argued the case on behalf of the appellants, has emphasised that the truck was not in the ownership of madanlal saini at the relevant time of the accident as it has been sold to nasru khan, long before. ..... died on account of the injuries sustained during the accident and the tribunal has found that the driver was driving the truck rashly and negligently, on account of which the accident took place.2. ..... when the age of the parents at the time of the accident was 25 years of age. ..... rja 5088 involved in an accident which took place on 9th march, 1979 near station road, alwar, by which dhanniram, the deceased, aged 18 years, was .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1983Raj17; 1982()WLN273
..... it was held that where a railway line crosses a busy road at such a point that the incoming train is not visible until the passer is on the railway track, there is no question of contributory negligence, in case of accident, inasmuch as the first duty in such a case is cast on the railway authorities to arrange for the safety of the passers and that it would be the obvious duty of the railway administration, whether as inviters or licensers, to ..... the assumption that the person raising the defence was himself negligent and that that negligence would not afford a cause of action to the plaintiff, either because of its remoteness to the accident or because the plaintiff who had the last opportunity to avoid the accident, did not do so or that he did not act with reasonable care and prudence and that this negligence of the claimant was the direct cause of the ..... less more onerous to take precautions to ensure that whenever the railway passes over a thoroughfare, adequate warning should be given to the public of the passing of the trains at the time they pass so that accidents may be avoided; (3) that the proximate cause for the accident was the negligence of the bus driver and not the negligence of the railway administration in not fixing the gates, barriers etc. ..... the learned district judge has said that the negligence of the railway was not the proximate cause of the accident, for, it was the result of the negligence of the bus driver and not that of the railway administration in not .....
Tag this Judgment!Court : Rajasthan
Reported in : II(1989)ACC267; 1990ACJ903
..... the position that emerges from the aforesaid discussion is that the age of the deceased on the date of the accident should be taken as 30 years; the multiplier of 40 in place of 45 should be applied to compute the figure of compensation; the loss of dependency assessed by the ..... bhandari, counsel for the corporation, has urged that the age of the deceased on the date of accident should have been taken as 30 years and the multiplier which the tribunal should have applied would be 35 ..... any amount is spent on the treatment of a person during the period he remained alive from the time of his accident till his death, compensation can also be awarded to the claimants on that count.10. ..... however, it would be a different case where the claimant himself suffers an injury in an accident and on that count, he claims compensation for his own injuries, in that case, the claimant would be entitled to compensation for the expenses incurred by him in connection with the medical treatment or any disability of ..... petition the claimants had claimed that the deceased was married only 6 months before the accident and his wife lost the husband within a short period of 6 months. ..... is not in dispute now that niranjan kumar died as a result of the accident which took place on june 13, 1981, and was caused by the bus ..... to consider three elements inherent in any claim; the class of persons whose claims should be recognised; the proximity of such persons to the accident; and the means by which the shock is caused. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN155
..... . 214 the plaintiff was the legal practitioner & he has sustained the fracture of his clevical & first lumber vertebra in a motor accident due to which he had to remain in bed for three months & was disabled from following his profession for six months ..... . having regard to the nature of the shock, the pain and suffering felt by the plaintiff at the time of the accident and thereafter and the impairment of the normal enjoyment of life and the loss of full expectation of life, i consider that she is entitled to rs ..... . 369 the left leg below the knee had to be amputated because of the injuries received by the plaintiff during the accident and he was also awarded rs ..... . 224 due to the accident, the plaintiffs left leg was cut and due to the rash and negligent driving of the driver, he sustained various other injuries, his leg had to be amputated and he hovered between life and death in the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN235
..... 636 'the driver was not to make experiments; he should leave ample room, and if an accident happened, from want of that sufficient room, he was no doubt liable. ..... vehicle in front at a time or under conditions which render such a course not reasonably prudent and if in doing this he collides, it is scarcely conceivable that he could escape being held negligent (vide section 65 of the trial of motor car accident cases (supra). ..... where there is ample room for the vehicle to pass the pedestrian in safety; the latter is entitled to assume that the motorist will do so : see section 156 of the trial of motor car accident cases (supra).8. ..... mean that he is of necessity not negligent, for the law does not allow a person on his proper side of the road to run down everything in his path with impunity; vide section 35 of the trial of motor car accident cases by a.d. ..... he gives graphic detail as to the manner in which the accident happened. ..... the accident took place at a lonely place, where no other person excepting the injured and the accused were available. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1975(8)WLN513
..... , though it can be made the subject of prosecution under the motor vehicles act, when it is clear that the defect in question was not in any way responsible for the accident.when a person is run over by a bus and is crushed on the spot, the spectators prejudiced against the driver of the vehicle and in such a case it becomes difficult for the court to ascertain the circumstances of the case. ..... harisingh 1968 rlw 485 wherein it has been held as under:the mere fact that a fatal accident took place would hot by itself be enough to make the accused liable under section 304a, i.p.c. ..... pw/1 kanhaiya nath has stated that the driver did his best to save the accident, the truck struck against a branch of the tree. ..... from the actual place of the accident.when there was no rashness or negligence on the part of the bus driver, far having killed the girl, so far as the use of the road and manner of driving the bus was concerned, the fact that ..... in that circumstance, the accused cannot be held liable for the accident.9. ..... took place because the girl abruptly paddled from the left side of the road towards its right, without knowing its consequences the lorry stopped at a distance of about 7 ft away from the place of the accident. ..... pw/2 pritam singh, who lodged the first information report, and pw/10 balbeer, who was sitting on the truck, have been declared hostile; and pw/9 gordhan singh is a mechanical inspector, who examined the truck after the accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : III(2004)ACC366; 2006ACJ1316; RLW2004(4)Raj2305; 2004(3)WLC555
..... 11 and when appellant- company failed to prove from record that over loading of the three wheeler had any direct nexus with the cause of accident, the tribunal had not committed any illegality in deciding the issue favoring the claimants.9. ..... he claimed that he was earning from the three wheeler driving but after accident he cannot drive the auto-rickshaw, he produced documents relating to this statement ..... these appeal are against the award dated 17.4,2003 of the motor accidents claims tribunal, bikaner passed in claim cases filed under section 166 of the motor vehicles act, 1988.3 ..... is strange that in a case where young persons of the age of 20 to 35 years died in the accident, maximum claim awarded by the tribunal is rs. ..... secondly, it is found proved that the accident was caused by the driver of the truck by driving the truck rashly and negligently and there is no evidence to prove that three wheeler was not in the control of the three wheeler ..... most important witness is the witness aw 9 madan lal who was the person remained alive in the accident wherein six others died. ..... the road where accident occurred is a national highway no. ..... the seven set of the claimants including the driver of the three wheeler taxi submitted claim petitions before the motor accidents claims tribunal, bikaner. ..... will be further worthwhile to mention here that the ex.3 and ex.4 disclose only the facts which were found after the accident and they are not the documents relating to the actual even of accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1987(1)WLN321
..... the counsel for the corporation on the contrary stated that there was no negligence of the driver of the bus and he took the vehicle in kachha and tried to save the accident and in that process if the bus could not be stopped for some time and for some distance it was on account of the anxiety of the driver to cause minimum loss to the passengers, because sudden application of the ..... all these four appeals are from one accident compensation dispute & since all the four have been decided by the common judgment by the accident claims tribunal, bundi in mact case no. ..... this is not an unusual but usual exercise when an accident happens to get rid of the liability. ..... here it is true that inspite of the accident the bus stopped after distance of about 54 feet. ..... when an accident takes place then the first and the foremost duty of the driver is to stop the vehicle for the simple reason that after the accident there may be imbalance and the vehicle because uncontrollable and it would be difficult for him to stop it and it would result in any damage in any part because the impact of the accident cannot be foreseen nor it can be guessed or imagined in advance. ..... the accident is an accident and therefore once it happens or it appears, then it is too imminent and the driver is duty bound to apply the brakes and stop the vehicle. ..... however, this is not intelligible argument nor for can be appreciated immediately when the accident has taken place. ..... 21 15/-at the time of accident and was 42 years of age .....
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