Court : Rajasthan
Reported in : 1983WLN95
..... counter-claim filed by the appellant was also dismissed by the tribunal on the ground that the counter claim was filed after the lapse of the statutory period after the date of the accident and no reason was assigned as to why the counter-claim was net filed alongwith the original written-statement and further on the ground that the counter-claim could not be filed ..... -claim was made on march 11, 1980 after the expiry o f more than three years of the date on which the accident took place while no claim or counter-claim could have been entertained after the expiry of the period of six months. ..... claim petition itself was barred by time as it was filed beyond the period of six months of the date on which the accident took place and the tribunal dismissed the claim petition solely on the ground that it was barred by time. ..... the claim petition can be filed by a person who has sustained injury or has sustained the loss of property at a motor accident by way of a apecdiar remedy in place of the normal and usual remedy of a civil suit and no principle of equity, justice or good conscience is involved for allowing his adversary to file a counter-claim, although ..... the persons, who were travelling in the jeep, were injured in the accident and they filed a claim petition before the motor accidents claims tribunal, jodhpur (hereinafter referred to as the 'tribunal'), which was allowed by the tribunal and compensation was awarded to the injured persons by the tribunal in respect of which a separate .....
Tag this Judgment!Court : Rajasthan
Reported in : 1(1984)ACC368
..... a special period limitation for filing a claim petition and it has been provided that an application for compensation under section 110-a shall be entertained unless the same is made within six months of the occurrence of the accident of course, the tribunal is empowered to entertain a claim petition beyond the aforesaid period of six months, provided it is satisfied that the applicant was prevented from making an application within the specific time, on account of sufficient ..... the counter-claim filed by the appellant was also dismissed by the tribunal on the ground that the counter-claim was filed after the lapse of the statutory period after the date of the accident and no reason was assigned as to why the counter-claim was not filed alongwith the original written-statement and further on the ground that the counter-claim could not be filed in a claim petition ..... the present case, the counter-claim was made on march 11, 1980 after the expiry of more than three years of the date on which the accident took place while no claim or counter-claim could have been entertained after the expiry of the period of six months. ..... the claim petition can be filed by a person who has sustained injury or has sustained the loss of property as a motor accident by way of a speedier remedy in place of the normal and usual remedy of a civil suit and no principle of equity, justice or good conscience is involved for allowing his adversary to file a counter-claim, although there is no express provision .....
Tag this Judgment!Court : Rajasthan
Reported in : 1989(2)WLN256
..... it was held that the insurance company cannot raise the defence that the policy had lapsed because of the sale of vehicle; it cannot contend that the accident happened due to the negligence on the part of the transferee and the insurance company was not liable; it cannot contend that its contract is with transferor and it is not responsible to redeem the ..... substantial question of law involved in this appeal as to 'whether it is not open to the insurance company to defend the action against it arising out of a motor accident covered by the insurance policy of a motor vehicle in the name of insured owner who has transferred the vehicle prior to the date of accident on the ground that its contractual liability to indemnity the transferee of the vehicle as he was left with no insurable interests from the date of the transfer ..... get it insured in respect of 3rd party before playing the same on the read with a view to protest the interest of those who use the road and to ensure that the compensation in case of any accident should not depend upon the financial capacity of the person who drives the vehicle or owns the vehicle involved in the case. ..... a case in which the ownership of the vehicle was transferred on 2-3-1978, which met with an accident on 5-3-1978 neither any intimation of the transfer was given to the insurer nor its consent was obtained ..... the change of ownership was notified to the insurer after the accident and there-after the policy became effective in favour of the .....
Tag this Judgment!Court : Rajasthan
Reported in : 2009(3)WLN466
..... , submits that merely on the basis of statement of moti lal, pw-2, brother of claimant, who in his cross-examination admitted that the accident of bus in question also took place on 2.9.1995, the learned trial court could not altogether reject the real accident of the jeep which took place on 23.9.1995 and claimant suffered injuries of which sufficient medical evidence was before the tribunal and the claimant ..... the learned tribunal has rejected the claim on the ground that since the fir, for the accident in question dated 23.9.1995 by the jeep in the question, was lodged much belatedly after 2 months on 3.12.1995 and the police did not find any symptoms of the accident at the said site in question and the claimant was also admitted in shamlaji hospital about 25 km away but not in doongarpur, ..... therefore, the trial court felt that the accident dated 23.9.1995 was a make believe story and, therefore, the tribunal rejected the claim petition.3. ..... at about 9:00 pm near the turn of gamdi bus stand on account of rash and negligent driving of the said jeep, it collided with pillar and fell down in a pit and on account of the said accident, the claimant kanti lal suffered injuries for which the present claim petition was filed by him.2. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1976WLN135
..... ghanshyam to the place of occurrence without warning shoes and other clothes on his body, because it was quite natural that on hearing about his brother bhanwar lal having met an accident, he would have started bare footed there and then along with ghanshyam informant without wasting any time in putting on cloths and shoes. ..... feel persuaded to hold that the version given out by madanlal injured that he was called from has house by ghanshyam and taken to balaji's temple on the pretext that his brother bhanwarlal had met an accident appears to be true and reliable. ..... version in the trial court was that he came out of his house in the mid night at the call of ghanshyam and was informed by the latter that his brother bhanwar lal had met an accident near the temple of balaji. ..... on hearing the news of accident of his brother bhanwar lal, madan lal readly accompanied ghanshyam to the temple of balaji without wearing shoes and other clothes ..... not reach the place of occurrence on his own accord, as be was persuaded to go there by ghanshyam from his house at odd hours of night on a false pretext that his brother bhanwar lal had met an accident. ..... he was called out of his house by ghanshyam and was taken to the place of occurrence on a false pretext that his brother bhanwarlal had met an accident. ..... have no hesitation in believing the statement of madanlal injured that he was called out and taken he ghanshyam to the place of occurrence on the pretext that his brother bhanwarlal had met an accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : IV(2006)ACC473; RLW2006(1)Raj265
..... unmindful of the fact that the accident took place way back in 1979 where a class-ix student died and further that compensation awarded to the parents of the deceased is only pittance and the same would never compensate them and further that ..... seventy two thousand eight hundred only) was held payable to the claimant-respondents by the motor accident claims tribunal, neem ka thana, distt. ..... a class ixth student died in an accident way back in the year 1979. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2004ACJ165; RLW2003(2)Raj1289; 2002(4)WLC262; 2002(5)WLN457
..... hon'ble apex court very specifically held that when sub-section (3) of section 166 has been omitted then the tribunal has to entertain a claim petition without taking note of the date on which such accident had taken place and the claim petitions cannot be thrown out on the ground that such claim petitions were barred by time when sub-section (3) of section 166 was in force. ..... in the case of vinod gurudas raikar the claim applications as filed after a period of 12 months from the dale of accident and the claimant contended that since the accident took place when the act of 1939 was in force, the proceeding must be governed by the 1939 act and not by the act of 1988 and his right is preserved by the section 6 of the general clauses act. ..... 188/98 in which the claimant has submitted that in the accident claimant suffered several injuries resulting into paralysis of the left had and left leg and it was stated that claimant was not in position even to sit without help, the details of his inability was ..... learned counsel for the insurance company vehemently submitted that in this case accident took place on 18th dec. ..... in that case, the accident took place before the act of 1988 came into force, but the claim application was filed after the act of 1988 became operative. ..... the claim petition was filed in the year 1996 after seven years from the date of accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2009(2)WLN386
prakash tatia, j.1. heard learned counsel for the parties.2. the only point involved in this appeal is whether the appellant insurance company is liable to pay/reimburse the award amount in a case where at the time of accident, the driver had no valid driving license.3. in this case, the accident occurred on 23.01.2005 and the license of the driver driving the vehicle expired on 28.09.1993 and his license was got renewed after accident on 25.01.2005.4. in view of the judgment of the hon'ble supreme court delivered in the case of ishwar chandra and ors. v. oriental insurance co. ltd. and ors. reported in : (2007) 10 scc 650, the issue is no more res integra, hence, the appellant is not entitled to pay the compensation amount under the award dt. 15.06.2007 passed by motor accident claims tribunal cum labour court, sri ganganagar in claim case no. 103/05. in case, any amount has been paid to the claimant by the insurance company, that will be recoverable from the owner of the vehicle.5. in view of the above, this appeal is allowed.
Tag this Judgment!Court : Rajasthan
Reported in : III(2003)ACC232
..... the learned judge also held that as the accident in question was due to composite negligence of the driver of the corporation's bus as well as the truck driver and, therefore, for the negligence of joint tort-feasor the claimant was entitled for compensation from both or ..... in an application for compensation under the motor vehicles act was question of rashness and negligence is a matter of inference to be drawn from the circumstances leading to accident, the manner in which the accident occurred and other relevant facts. .....
Tag this Judgment!Court : Rajasthan
Reported in : II(2006)ACC279; 2006(1)WLC190
..... unmindful of the fact that the accident took place way back in 1979 wherein class ix student died and that compensation awarded to the parents of the deceased is only pittance and the same would never compensate them and further that there is no ..... seventy-two thousand eight a hundred only) was held payable to the claimant-respondetns by the motor accident claims tribunal, neem ka thana, distt. ..... a class ixth student died in an accident way back in the year 1979. .....
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