Court : Rajasthan
Reported in : 1979WLN369
..... of the present case, that the truck-driver was guilty of rash & negligent driving it is unfortunate that subhash chandra, who was driving the motor cycle, expired on account of the injuries caused in the course of the accident, but for that reason alone, the accused cannot be held guilty of the offence of rash and negligent driving.5. ..... a perusal of the site-inspection note as well as the photograph taken after the accident and duly proved by the prosecution makes it clear that the truck, after the accident, had swerved deep on the left side and the motor cycle was lying near the truck. ..... the only point for consideration by this court is whether from the evidence of vishram, it can be inferred that the petitioner was guilty of rash and negligent driving, on account of which the accident took place. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1981WLN(UC)205
..... was undisputed that sahbudin was not in position to carry on the work as he had been carrying on before the accident, his contract of service therefore automatically came to an end.2. ..... he met with an accident while working in the washing machine on 9-6-1971 whereby his four fingers & palm of the left hand were crushed and amputed.he remained under treatment from 1-6-1971 to ..... in the factory, sahbudin met with an accident on 9-6-1971. ..... this is besides the point because on facts the petitioner could not establish that non-petitioner sahbudin was not in a position to perform or discharge those duties which he were assigned before the accident. ..... perused this authority but it is distinguishable on facts in the sense that it was an admitted position that the workman was not in a position to discharge his duties which he was performing before the accident. ..... the view that the argument advanced by the learned counsel for the petitioner that the contract of service came to an end as sahbudin had become incapable of performing those duties which he was performing before the accident. ..... be stated that no evidence was led before the tribunal on behalf of the petitioner to prove that sahbudin was incapable of performing those duties which were assigned to him before the accident. ..... learned counsel for the non-petitioners that merely because light work was requested for sahbudin it could not be inferred that he was incapable of performing the same duties as he was discharging before the accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : (1996)IILLJ347Raj; 1996(1)WLC418
..... (2) notwithstanding anything contained in sub-section (1), the appropriate government may, if it is satisfied that owing to such exceptional circumstances as accident in the undertaking or death of the employer or the like it is necessary so to do, by order, direct that provisions, of sub-section (1) shall not apply in relation to such undertaking for such period as may be specified in the order'.the tribunal as well as .....
Tag this Judgment!Court : Rajasthan
Reported in : (2010)ILLJ386Raj; RLW2009(4)Raj2987; 2009(3)WLN259
..... in this case, admittedly, the accident took place outside suratgarh, therefore, the accident which took place while travelling from sriganganagar to suratgarh which cannot be said to be an accident arising out during the course of ..... without prejudice to the above ground, it is submitted that the accident did not take place during the course of his employment; but, both these grounds were not considered in proper perspective by the learned commissioner, workmen compensation and erroneously the finding was given that on the basis of theory of notional extension, it is required to be held that the accident took place during the course of employment.8. ..... merely for the fact that the deceased committed a misconduct leaving headquarters without permission cannot entitle him to any premium to claim compensation for accident by saying that he was travelling in the course of employment.10. ..... sriganganagar and suratgarh, while they were going on the scooter which was driven by charandas, they met with an accident, in which, santosh singh received serious injuries. ..... therefore, after his death in the said accident, claim was filed by his widow before the commissioner, workmen compensation, sriganganagar under the workmen compensation act, ..... , therefore, transport was not available and, with prior permission, the deceased was going up and down between ganganagar and suratgarh and, on 30.10.1994, when he proceeded to attend duties at suratgarh, he met with accident on the way and ultimately died. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1996(3)WLC197; 1996(1)WLN604
..... the rsrtc in its reply admitted the factum of the accident but asserted that the accident did not occur due to rash and negligent act of the bus driver. ..... this appeal has been directed against the award dated 25.3.1989 passed by the motor accident claims tribunal, jaipur (in short 'the tribunal') whereby a sum of rs. ..... the learned, tribunal held that the accident occurred due to the rash and negligent act of the bus driver, that the age of the deceased was 23 years, that his contribution to the family was rs. ..... aw1 jagdish and aw2 nathu are the eye witnesses of the alleged accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1985WLN(UC)228
..... the only purpose for which the vehicle can be required in an accident case like the present one can be identification and there are no remote chances of order of confiscation of the vehicle. ..... samual on june 14, 1980 met an accident resulting in a fracture of the leg of one shri shyam chaturvedi. ..... as mentioned above the accident took place in june, 1980 and the application on which impugned order was passed is dated july 3,1985, i.e. .....
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Reported in : 2007ACJ2644
..... by way of the appeal, the insurer of the vehicle involved in a fatal accident, having been accorded permission to contest the claim for compensation on merits, seeks to question the award dated 18.3.2006 made by the motor accidents claims tribunal, bikaner, in claim case no. ..... the appellant insurer also denied the claim averments and alleged want of valid driving licence with the truck driver and that the accident occurred for negligence of the deceased himself.3. ..... 2 caused the accident with rash and negligent driving of the offending truck by hitting the motor cycle from behind and there was no contribution to the accident on the part of the deceased. ..... assessment of loss in a motor accident claim case is the sum total of various factors including imponderables, perceptible potential as well as unknown uncertainty. .....
Tag this Judgment!Court : Rajasthan
Reported in : IV(2005)ACC119; 2007ACJ877
..... from the averments of the claim petition it is revealed that the deceased babu lal died in a motor accident which was driven by naresh alias pappu, thus prima facie it cannot be said that death of deceased babu lal in the accident does not give rise to a claim for compensation under the act of 1988. ..... tractor instructed naresh alias pappu to drive tractor during return journey from khanpur to katewar while in return journey when naresh alias pappu was driving the tractor as per the instructions of the owner, the accident took place and deceased babu lal died at the spot on account of this ..... instant appeal is directed against the order dated 19.9.2002 passed by the motor accidents claims tribunal (hereinafter to be referred as 'the tribunal'), baran in claim case no. ..... rj 28-r 0856 and accident took place on account of rash and negligent driving by deceased babu lal, thus, the claim could have been filed only under workmen's compensation act, 1923 and as such the forum of motor accidents claims tribunal is not available to claimants-respondents. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2(1988)ACC207
..... this is an appeal against the award given by the judge, motor accidents claims tribunal, jodhpur dated 2-11-83, whereby the learned judge has awarded a compensation to the tune of rs. ..... as a result of this accident, both awatar singh as well as rajendra mohan died. ..... agarwal, who was travelling in a jeep and witnessed the whole accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : II(1991)ACC684
..... 1988 acj 206, a division bench of this court has held that even when the vehicle was transferred prior to the date of accident and the transfere had informed the insurance company about transfer of vehicle, but the insurance company disputed its liability on the ground that the transferor had not applied in the prescribed form ..... the tribunal gave a finding that since ramdayal was the owner of the vehicle at the time when accident took place, therefore, ramsahai and kanahiyalal in whose name the policy of insurance was issued is not liable for payment of ..... also contended by learned counsel that according to ramdayal himself the vehicle was purchased by him as earlier as in the year 1962 and he himself after accident on superdginama, declared himself to be owner and took the possession of the vehicle from the concerned court.4. ..... it is, therefore, contended by the learned counsel that the accident took place on november 21, 1971 but the vehicle was transferred to the name of ramdayal on 24th february, 1972, therefore, at the time of accident ramsahai-kanahiyalal were the registered owners of the vehicle and, therefore, are liable for payment of compensation to ..... it can be very well seen that at the time of accident ramsahai kanahiyalal were the registered owners and, therefore, they are liable for payment of compensation more so when they are also party to the ..... in this case the situation is still better as the accident has taken place before the vehicle was transferred to the name .....
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