Court : Rajasthan
Reported in : II(2006)ACC581; 2006(1)WLC745
..... since, it had been sitting in civil miscellaneous appeals, arising out of motor accident cases, for quite some time, and in that process, have come across many such incidents of fraud, viz. ..... this appeal has been filed by the insurer, against the judgment and award of the learned motor accident claims tribunal, nagaur dated 8.11.2001, passed in claim case no. ..... of contempt be initiated against moola ram khatod, advocate, nagaour, and notice be issued to him, to show cause, as to why proceedings for contempt be not initiated against him for the aforesaid act, in appearing before the motor accident claims tribunal, nagaur in claim case no. ..... this order may be brought to the notice of hon'ble the chief justice, for kind consideration, if hon'ble the chief justice likes to have this order circulated to all the motor accident claims tribunals in rajasthan, or feels like issuing appropriate administrative instruction, in this regard, to the tribunals, to effectively check this type of prevailing practice in the motor accident claims tribunals. .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2006)ACC30
..... has filed cma no, 2148/2000 assailing findings recorded of contributory negligence and determination of compensation on the grounds that father of claimant was not an eye-witness of the accident and whose alone statement is not sufficient to record findings of contributory negligence while credibility of statements of offending truck driver and pump driver could not have been shaken by ..... despite receipts whereof were produced and exhibited on record before the tribunal in support of claim petition, inasmuch as despite his 100% permanent disability on account of the accident, claimant has not been awarded adequately towards physical pains and suffering throughout life, especially when on account of permanent disability, he has to lead whole life in misery ..... 10 o'clock when reached nearby the filter pump station on fair sagar road, offending truck owned by non-claimant (department) struck him from behind, and on account of this accident, his son sustained grievous injuries on his waist, head and hand, inasmuch as his intestines were damaged and both of his legs were fractured and he was paralysed, and ..... on record, where the finding has been recorded by the tribunal about the injuries being sustained in the said incident, by offending vehicle and acquittal in criminal case registered for selfsame accident was also apparently on account of contradictory statement recorded in criminal case and that apart, for a while if it is considered that children were playing there in water at the .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(3)Raj1898; 2002(5)WLC142; 2002(5)WLN407
..... rajasthan, 1974 acj 296 (sc) the hon'ble supreme court held as under:'the principal function of the maxim is to prevent injustice which would result if a plaintiff were invariable compelled to prove the precise cause of the accident and defendants responsible for it, even when the facts bearing on the matter are at the outset unknown to him and often within the knowledge of the defendant the maxim is based on common sense and its ..... however, the insurance company claimed exoneration from the liability on the ground that the insured has not informed the insurance company regarding the said accident and as such, violated the terms and conditions of policy, the insurance company restricted its defence as provided in sections 147 and 149 of the motor vehicles act, 1988 (for short 'the act' ..... and notwithstanding anything to the contrary, contained in section ii-1 (c) it is hereby understood and agreed that the company will indemnify the insured against his legal liability other than liability under statue (except fatal accident act, 1855) in respect of death or bodily injury to any person not being an employee of the insured not carried for hire or reward. ..... of the driver, owner or insurer of the offending jeep to place before the tribunal the best evidence available and the driver of the offending jeep is the best evidence to narrate the manner in which the accident took place and if he refrains from doing so, but only on peril of an adverse inference being drawn against him.10. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(2)Raj994
..... in that case, the-petitioner therein applied for extraordinary leave on ground of her sudden sickness, sickness of her newly born daughter and accident of her husband at nigeria, the leave sanctioning authority had failed to exercise its statutory duty as contemplated under rule 86 of the rsr for grant or sanction of leave.11. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2008ACJ305
..... who negligently carries out a statutory duty, thereby inflicting damage cannot claim immunity from an action in tort.thus, on overall consideration of the material on record i am of the considered opinion that the accident has occurred only on account of perfidious negligence on the part of the appellant municipal council in maintaining the roads and keeping the adequate arrangements of the light and, therefore, it cannot escape from its liability ..... it is contended on behalf of the municipal council that since it had no knowledge about the damaged condition of the road and it is quite possible that immediately before the accident the damage might have been caused on account of passing of some heavy vehicle through the bridge, no negligence can be attributed to it and it cannot be fastened with liability ..... the parties to the suit and due consideration of the evidence on record, the learned trial court arrived at the finding that the plaintiff had met with an accident as pleaded due to negligence on the part of the municipal council, sriganganagar in maintaining the road and insufficiency of the light at the place of occurrence. ..... the learned counsel for the appellant that the plaintiff has given three different numbers (registration mark) of the scooter on the different stages, by itself creates doubt about the occurrence of accident, suffice it to say that on account of small variance in the scooter number given by the plaintiff, it cannot be inferred that no incident had occurred. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003(1)WLN352
..... the driver, owner or insurer of the offending vehicle to place before the tribunal the best evidence available and the driver of the offending vehicle is the best evidence to narrate the manner in which the accident took place and if he refrains from doing so, that would only be on the peril of an adverse inference being drawn against him.12. ..... view of the matter, an adverse inference against the driver of the offending truck has to be drawn holding him negligent for the said accident and, therefore, i have no hesitation in affirming the finding of the tribunal on the point of negligence.13. ..... investigation, the police also reached to the conclusion that the said accident was due to rash and negligent driving of the truck by its ..... was pleaded and proved by the claimants that at the relevant time of accident, deceased was 40 years of age, which further finds corroboration from ..... thereafter, it is for the defendant driver or the owner to establish that accident happened due to some other cause and the driver of the vehicle was ..... devi wife of deceased nana lal it has been established that the deceased was 40 years of age at the time of accident and he was employed as class-iv in irrigation department of state of rajasthan. ..... the fir clearly goes to show that the said accident was caused due to rash and negligent driving of the truck by its driver respondent ..... of section 163-a provides the appropriate multiplier in the case of fatal accident in respect of the victim of the different age group. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003(2)WLC674; 2003(2)WLN435
..... second schedule of section 163-a of the act, which can be used as guideline for selection of multiplier in respect of fatal accident cases which provides the multiplier of 13 years purchase factor for the death of a person in the age group of above 45 years but not exceeding 50 ..... the statement of aw-1 hanja bai and salary certificate exhibit a-20 issued by the employer rseb, it is clear that on the relevant date of the accident, deceased rata ram was 49 years of age and his monthly income from salary was rs. ..... other place, learned tribunal observed that if for the sake of argument statement of aw-3 jalam singh is taken to be totally true then also from his statement it appears that on the road on which accident took place, through out the day vehicles were passing and if the accident took place, then, handle of the bicycle would have been hit. ..... this appeal is directed against the judgment and award dated 10.12.1992 passed by learned motor accident claims tribunal, bali (hereinafter referred to as 'the tribunal') whereby the tribunal awarded compensation of ..... his statement exhibit a-17 was recorded by the police on the very day of the accident, wherein he categorically stated that while the jeep was plying near the officer's colony, bali, and was near krashi mandi, a cyclist was proceeding ahead of the jeep towards ..... exhibit a-3 site map was prepared by the police soon after the accident, wherein rata ram was shown to have been hit by the said jeep at place mark 'a' due to which he fell .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj39; [1967(15)FLR13]; (1967)IILLJ340Raj
..... been given in the manner hereinafter provided as soon as practicable after the happening thereof and unless the claim is preferred before him within two years of the occurrence of the accident or, in case of death, within two years from date of death'.there is a proviso empowering the commissioner to entertain and decide any claim to compensation in any case notwithstanding that the notice has not been given, or the ..... , reported to the workmen's compensation commissioner that a workman named vijay singh son of bhom singh had died on 30-1-63 as a result of an accident during the course of his employment. ..... such a claim has to be preferred within two years of the accident ordinarily. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj152
..... . i may also point out in this connection that it is only a matter of accident or coincidence that the question of the fixation or revision of the boundary limits of a certain municipality may arise in connection with the validity of an election, but it need not necessarily turn out to be so .....
Tag this Judgment!Court : Rajasthan
Reported in : 1979WLN270
..... from the place of the accident goes to show that the truck was not being driven at a very high speed, but it was at a normal speed on an open road where there was neither any bus stand, nor habitation. ..... in the matter of accidents, it is usually a tendency of each party to throw the blame on the other, but the court has to see whether from the facts proved, an inference of negligence or rashness on the part of the driver can be drawn.5. ..... it is common knowledge that if a person suddenly crosses the road, the truck driver, however, cautiously he may be driving in cross' country, may not be in a position to save the accident. ..... it appears that the driver had applied the brakes and that is why the truck stopped within 30 ft of the place of accident. ..... from the place of accident. .....
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