Court : Rajasthan
Reported in : RLW2009(2)Raj951
..... reply to the charge-sheet was filed by the petitioner in which the petitioner denied all the charges levelled against him and it was specifically submitted that due to accident he remained in police custody from 9.10.1982 to 14.10.1982 and thus he could not remain present near the bus when sh. ..... issued a charge-sheet on 7.12.1982 against the petitioner alleging therein the charge with regard to accident due to rash and negligent driving and causing loss of rs. ..... the termination order, no reasons and findings were given with regard to allegations against the petitioner for charge of accident and damages caused to the coloration.3. ..... was innocent ad the accident occurred due to failure of brakes, therefore, he has prayed for exoneration but prayer of the petitioner was not accepted and vide communication dated 28.6.2006, the appeal filed by the petitioner was dismissed again by non-speaking order in very casual manner and petitioner was held guilty of causing accident of bus no. ..... , it is specifically stated further by the petitioner that accident was caused due to damage of compressor vaccume pipe because it resulted in major defects in breakes and the petitioner tried his levels best to avoid the accident. ..... , bikaner, due to accident, loss caused to the corporation was to the tune ..... said order of termination, as per standing orders, an appeal was preferred by the petitioner and all the grounds were raised with regard to not providing opportunity of hearing and reasons for accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(2)WLN238
..... it is clear from the above evidence as well as from the site inspection report that the accident was due to rash and negligent driving of the bus by the bus-driver amar singh.17. ..... birbal ram stated that the jeep was being driven by magha ram and at the time of accident, the jeep was going with the speed of 30 kms. ..... to above, naw-1 amar singh stated that at the time of accident, the jeep was with a speed of 100 kms. ..... are against the award dated 2.6.1997 passed by the motor accidents claims tribunal, churu in nine claim case nos. ..... ram also stated that at the time of accident the speed of the jeep was 30 kms. ..... 1 in favour of the claimants holding that the accident was caused due to rash and negligent driving of the bus by the driver amar singh and resulted into deaths of the above persons and injuries to the persons ..... it is also clear that because of the accident, the front portion of the bus fell down on the road, therefore, it was not in a position to ..... is against the award dated 19.5.1998 passed by the motor accidents claims tribunal, churu in claim case no. ..... stated in his statement that at the spot of accident the road-width was 32 ft. ..... court below, after considering the evidence, observed that there is no dispute with respect to the accident and also there is no dispute with respect to persons who died in the accident. ..... of magha ram and mother and father of magha ram submitted claim petition stating therein that magha ram was of the age of 26 years at the time of accident and death. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1992ACJ962
..... due to rash and negligent driving on the part of the driver kanaram; late sriram received several serious injuries and he died the same evening as a result of the injuries received in the accident; the insurance company has failed to prove that the cover note was issued with the said back date; a completed contract took place in between the owner of the tractor kanaram and the ..... driver and owner of the tractor kanaram approached its agent on may 28, 1987, concealing the fact of the said accident, he got the cover note issued in respect of the said tractor bearing the back date of may 26, 1987, valid insurance policy was not issued, premium was not paid, no contract of insurance took ..... the owner and driver kanaram admitted in his reply that the accident took place, deceased late sriram died due to the injuries received in the accident, he was serving in the police department as a constable and the tractor was insured with the united india ..... the case of the insurance company is that after the accident, owner and driver of the offending tractor kanaram approached the agent of the insurance company, shyamlal agrawal, on may 28, 1987 and requested him to issue a cover note with the back date of may 26, 1987 concealing the fact of accident in order to avoid his liability to pay compensation and thus by practising fraud upon him (agent shyamlal) and without paying the ..... has also stated that if he is held responsible for the accident, the insurance company be also held liable to pay the .....
Tag this Judgment!Court : Rajasthan
Reported in : II(2001)ACC189; 2001ACJ1309; 2001(1)WLC547; 2001(2)WLN360
..... compensation, after recording the evidence of witnesses, the commissioner decided all the issues in favour of claimant, but had exonerated the insurance company from its liability only on the ground that at the time of accident, the truck was not in motion and was in stationary position that is according to the commissioner, even though the workman was on duty but he sustained the injury while the truck was being loaded and ..... truck was not in motion and the truck was in stalionary position as the stones were being loaded and the truck had not met with any accident and that the deceased had not died in moving truck, therefore, the insurance company was not liable to pay compensation. 5 ..... for ihe reason that both the appeals have arisen out of the same accident and relating to same parties, therefore, il was ordered that the appeal filed by the employer be attached and bolh the appeals are being decided by this ..... . wherein it has been held that use of motor vehicle covers accidents which occur both when vehicle was in motion as also when it ..... is no warrant for the contention that the accident should take place at a time when the vehicle was in motion or the accident has resulted in damage to the vehicle ..... the injury sustained on account of a fertilizer bag fallin upon in the process of unloading it from a stationary lorry, the kerala high court had held that it is an accident arising out of the use of a motor vehicle ..... . the deceased at the lime of accident was on duty and under the employment of .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(3)Raj2167; 2005(2)WLC676
..... hence, the medical report and the testimony of the witnesses clearly makes it a case of death caused by accident and not death caused by the homicide. ..... that the deceased died not because of any injury caused by the appellants, but because while the deceased and his companion were travelling from their village to village bhalta, they met with a road accident and their jeep was damaged. ..... therefore, the arguments of the learned counsel for the appellants that the death was caused by a road accident is meritless.9. ..... chauhan reveal that the injures were caused as a result of a road accident. ..... the injuries caused to the deceased were as a result of the road accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1987(1)WLN301
..... in that view of the matter i am constrained to observe that the handicapped washer man and that too an injured a victim of accident with poor resources is facing in this case, it would be appreciated against the mighty resources of the corporation.5. ..... srivastava has submitted that the statement of doctor read with the statement of ramotar makes it clear that ramotar in this accident lost two fingers of the leg and there was a fracture in the thigh and knee. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1987(2)WLN714
..... he was of 38 years of age at the time of this accident and that being so in my opinion since as per the evidence and family history, etc, expectancy of life of rao dheer singh but for this accident could be about 70 years, it was not fair for the tribunal to adopt multiplier of 15. ..... in the present case also we find that the accident took place in the year 1974 and now we are in 1986. ..... with the finding of the tribunal as finding is based on just and proper appreciation of the evidence and the driver of this truck which came close to rjr 6607 and was also instrumental in the acceleration of the accident cannot escape the liability.9. ..... agrawal, presiding officer, motor accident claims tribunal, jaipur in mact case no. ..... in my opinion there cannot be any rigidity about technical rules of pleadings in matters of compensation to widows injured, destitutes, handicapped and such persons who suffer on account of such accident.16. ..... learned counsel for sardar sadhu singh has not been able to show any serious infirmity in this evidence on account of which it can be held that the driver of rjr 6607 was not responsible for this accident.8. ..... the insurance company of the car from any liability what so ever after holding that it was being parked in kachcha and there was no fault negligence or mistake of the car driver of the car, or owner in this accident.6. ..... rao dheer singh remained sitting in the car little knowing that instead of petrol the cruel fate is going to bring death to him by accident.3. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003ACJ1066; 2001WLC(Raj)UC761
..... 50,000 it cannot be said to be an arbitrary award of amount as held in various judgments that there cannot be a strait-jacket formula for assessment of damages in case of accident and the learned counsel for the appellant failed to convince that amount in above facts and circumstances of the case is excessive.6. ..... claim cases were filed before the motor accidents claims tribunal, bikaner impleading the appellant and the owner of the truck and the insurance company who insured the truck in the claim petitions. ..... here is this case, in above accident, the claimant chuna ram appellant suffered 6 injuries, out of which three are grievous in nature and three are simple and tribunal awarded rs. ..... , before bikaner near gajner, it met with an accident with truck no. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003ACJ1222; 2001WLC(Raj)UC789
..... ground that the appellant insurance company is not liable for the award amount because of the fact that there was a breach of condition of the insurance policy inasmuch as that the vehicle which is involved in the accident was a private jonga jeep and it was insured as a private jonga jeep but the same was used as a taxi for taking the passengers on hire or reward. ..... the other line of cases deals with the insured owners of offending motor vehicles that cause such accidents wherein the insured owners of the vehicle do not themselves commit breach of any such condition and handover the vehicles for driving to licensed drivers who on their own and without permission, express or implied, of the ..... even if it is stated that the vehicle was taken on hire by the father of the deponent who died in the accident even then there is no evidence available on record with respect to the fact from whom the vehicle was taken on hire. ..... since aw 1 tulsa ram specifically admitted that he was not in the vehicle at the time of accident, there is no admission by aw 1 tulsa ram that the time of taking the vehicle by the deceased he was present and he had any knowledge of the terms and conditions of taking of vehicle on hire by deceased pratap ram. ..... even the witness aw 2 joga ram who was travelling in the vehicle involved in the accident was not even given any suggestion in cross-examination by the appellant that the vehicle was taken on hire by the deceased pratap ram. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1993ACJ534; AIR1993Raj126; 1993(1)WLC342; 1992(2)WLN502
..... kalawati, 1977 acc cj 456 : (air 1977 raj 236) this court took the view that motor accident claims tribunal was not a civil court subordinate to the high court and, as such, no revision petition under section 115, c.p.c. ..... , (1990) 1 wln 179 : (air 1990 raj 152), the view taken by this court was that motor accident claims tribunal was a civil court and it is subordinate to the high court.4. ..... for resolving the conflict as to whether the motor accidents claims tribunal is a court subordinate within the meaning of section 3 of the code of civil procedure in between two judgments of the rajasthan high court, this bench has been constituted.2. ..... the question as to whether the motor accidents claims tribunal is a court subordinate came up for decision (and) has been considered in several cases by various high courts.22. ..... in exercise of the rule making power conferred by the motor vehicles act, 1939 (iv of 1939), the state government framed rules known 'rajasthan motor vehicles accidents claims tribunal rules, 1964. ..... 1 was that as the motor accidents claims tribunal was not a court subordinate to the high court, revision was not competent, whereas the contention of the petitioner was that it was a civil court and it is not only subordinate to the high court in ..... 1 filed a claim petition before the accidents tribunal, rajsamand for rs. .....
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