Court : Rajasthan
Reported in : 1990(2)WLN372
..... think that the reasoning's given by the two courts-below are perverse, therefore, the conviction is maintained but looking to the facts and circumstances of the case that driver was not in a pesition to save the accident and further this is being the first offence of the accused-petitioner which has been taken place in march 1976 arid the accused petitioner has also remained in jail for some time, it would not ..... n.n.mathur, appearing on behalf of the accused petitioner has submitted that there is no eyewitness of the accident and conviction was based on the mere testimony of a child witness-rakesh kumar (p.w. ..... the accused petitioner, however, he may be slow in driving the bus, even if, he was not in a position to save the accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(1)WLN50
..... that is why it has been said by courts that whenever any amount is determined as the compensation payable for any injury suffered during an accident, the object is to be compensate such injury 'so far as money can compensate' because it is impossible to equate the money with the human suffering or personal deprivations ..... it was specifically pleaded and proved by the appellant that the injuries sustained due to the aforesaid accident, resulted in fracture of her right, leg, tibia and fibula bones and shaft femur of left leg bones ..... and others (1), their lordships of hon'ble supreme court observed as under:-'broadly speaking, while fixing an amount of compensations payable to a victim of an accident, the damages have to be assessed separately as pecuniary damages and special damages. ..... it is settled law that while computing compensation payable to the victim of road accident, the damages have to be assessed separately as pecuniary damages and special damages. ..... this appeal is directed against the judgment and award dated 9.2.1995 passed by the most accident claims tribunal, bhilwara (hereinafter referred to as 'the tribunal') in claim case no. ..... the tribunal reached to the conclusion that the accident was result of driving of the truck rashly and negligently by its driver respondent no ..... further contended that at the time of accident, the appellant's age was 39 years. ..... nalure of treatment, it duration, expenses incurred and olher damages resulted due to accident were claimed as compensation. .....
Tag this Judgment!Court : Rajasthan
Reported in : II(2003)ACC103; 2002ACJ2082; 2002(4)WLN88
..... decisions rendered under the old act vis-a-vis gratuitous passengers are of no avail white considering the liability of the insurance company in respect of any accident which occurred or would occur after the new act came into force.'16. ..... no dispute with regard to the fact that the deceased was pillion rider at the lime of accident, as also the said motor cycle was comprehensively insured with the appellant. ..... karnataka high court held that the liability of the owner is excluded because the employees was using the vehicle in his private and personal use when the accident occurred resulting the death of his friend who was on the pillion.8. ..... (1) shall cover any liability incurred in respect of any accident, upto the following limits, namely:--(a) save as provided in clause (b), the amount of liability incurred: (b) in respect of damage to any property to a third party, a limit of rupees six thousand ..... in the instant case, the accident in question took place on 2.8.1989 and the provision of sections 147 and 149 of the motor vehicles act, 1988 (hereinafter referred to as 'the act of 1988') are applicable and so far as the liability of the insurance ..... , 1994 passed by motor accidents claim tribunal, balotra (hereinafter referred to as 'the tribunal') whereby the tribunal passed an award ..... relates to motor vehicles act, 1939 as in the aforesaid case, the date of accident was 7.6.1981. ..... further pleaded that the said motor cycle was hit by a truck from behind which resulted in the said accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(4)Raj3203
..... established on the materials on record that it was the insured who had willfully violated the condition of the policy by allowing a person not duly licensed to drive the vehicle when the accident took place, the insurer shall be deemed to be a judgment-debtor in respect of the liability in view of sub-section (1) of section 96 of the act....11. ..... appeals relate to the compensation awarded to the claimants with respect of casualties caused by an accident occurred on july 24, 1998,i proceed to decide these appeals by a common order.2. ..... of insurance company however is that the accident took place because of the negligence of bus ..... out of 13 claim petitions filed before motor accident claims tribunal kekri (ajmer) (for short 'tribunal') 12 were decided by common award dated december 7, 2001 one claim ..... the jeep was only for 10 passengers but at the time of accident 14 passengers were travelling in the jeep. ..... contended on behalf of rsrtc that the accident occurred due to sole negligence of the jeep ..... sub-section (1) of section 96.....while interpreting the contract of insurance, the tribunals and courts have to be conscious of the fact that right to claim compensation by heirs and legal representatives of the victims of the accident is not defeated on technical grounds. ..... have been wholly fastened or attributable to the driver of the bus, but when the vehicles had a head-on collusion, the drivers of both the vehicles should be held responsible to have contributed equally to the accident.9. .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2001)ACC52; 2002ACJ475; 2000(2)WLC560
..... to lock the exit gate either before giving whistle to move or during operation/driving of the vehicle and having failed to do so, the bus owner and the servants employed to operate it, are certainly liable for the accident having taken place as a result of the defect in the bus body or its gate or gate lock. ..... of 12 per cent per annum from the date of claim petition till payment thereof in favour of claimants, who are dependants (mother, wife, minor three sons and one daughter) of rampal meena who died in a motor accident, which took place on 22.4.1997 while travelling in the appellant corporation's bus no. ..... the tribunal on the basis of the postmortem report held the age of victim as 35 years at the time of his death in accident and accordingly applied multiplier of 17, which in my view, was rightly assessed. ..... appeal against the award dated 30.6.1998 passed by the motor accidents claims tribunal, baran in claim case no. ..... , appellant corporation liable jointly and severally for the death of rampal in the accident in question.4. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1987(2)WLN712
..... this is an appeal by the rajasthan state road transport corporation against the award of compensation in a case of accident of the widow and minor children of the deceased.2. ..... delhi municipal council 1985 acj 645 decided that in case of compensation for accident the rate of interest should be 12 per cent. mr. ..... it is well known that in matter of compensation of an accident the increasing tendency of the courts and tribunals is to allow compensation liberally but construing the legislation as beneficial one of the unfortunate victims, dependent widows, and minor children who suffered on account of the hazards of automobiles .....
Tag this Judgment!Court : Rajasthan
Reported in : 1996(3)WLC298; 1996(1)WLN500
..... it was pointed out that the complainant received information regarding accident on 6.6.91 as per the evidence of the complainant. ..... it clear appears that he received notice of the accident in the factory on 6.6.91. ..... the accident took place on 6.5.91 and the information was given by the factory owner on 17.5.91. .....
Tag this Judgment!Court : Rajasthan
Reported in : III(2005)ACC150; 2006ACJ1967
..... the submission of learned counsel for the appellants is that no evidence at all was led by respondents before the learned tribunal in respect of the aforesaid plea that deceased has contributed to the accident and, therefore, respondents failed to discharge the initial burden that was upon them to prove their plea. ..... this appeal deserves to succeed on the ground that learned tribunal has committed a serious error in law by holding that deceased had contributed towards the accident and on the ground of contributory negligence it reduced the compensation which was liable to be awarded. ..... the learned tribunal has committed error in coming to the conclusion that deceased has contributed towards the accident and in reducing the amount of compensation on account of contributory negligence of the deceased. ..... the second submission of the learned counsel for appellants is that learned tribunal has erred in holding that the deceased contributed to the accident, inasmuch as the deceased was also negligent in driving the car no. ..... this appeal has been filed by the claimants-appellants against the award passed by the motor accidents claims tribunal, tonk, dated 27.5.1994 in m.a.c.t. ..... rnd 9318 at the time of the accident as a result of which he received injuries and on account of which he died in the said accident. ..... he met with an accident with a bus bearing registration no. ..... 1, at the time of accident.3. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(1)Raj589
..... out anything as to how the compensation assessed by the tribunal is excessive, more so, when 70% of the amount awarded by the tribunal had already been paid by the respondent insurer of the truck involved in the accident, whereas kumari niti died due to crush injury to her head caused by rash and negligent driving of the bus owned by the corporation.13. ..... after considering entire statement of eye witness, statement of the father of the deceased, site map, site inspection note of the accident, investigation report and charge sheet filed by the police against the drivers of the bus and the truck respectively the tribunal held that the bus driver was negligent to the extent of ..... by judgment and award dated 19th may, 1999 learned motor accident claims tribunal, udaipur (hereinafter referred to as 'the tribunal') awarded compensation of rupees three lac in favour of the respondent claimants hem ..... that the luna which she was riding, on which kumari nili was pillion rider was hit by the said truck and due to this accident both the occupants were thrown aside of the road. ..... which include lice investigation papers, charge sheet filed by the police against the driver of the bus and the truck involved in the accident and the relevant educational record of the deceased etc. ..... in the said accident the head of the deceased kumari niti was crushed under the wheel of the bus driven by ..... succumbed to injuries instantaneously, despite this the driver of the said bus denied the happening of the accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : 3(2005)ACC150
..... the submission of the learned counsel for the appellant is that no evidence at all was led by the respondents before the learned tribunal in respect of the aforesaid plea that deceased had contributed to the accident and, therefore, respondents failed to discharge the initial burden that was upon them to prove their plea. ..... this appeal deserves to succeed on the ground that learned tribunal has committed a serious error in law by holding that deceased had contributed towards the accident and on ground of contributory negligence, reduced the compensation which was liable to be awarded. ..... the learned tribunal has committed error in coming to the conclusion that deceased had contributed towards the accident and in reducing the amount of compensation on account of contributory negligence of the deceased. ..... the second submission of the learned counsel for the appellants is that learned tribunal has erred in holding that the deceased contributed to the accident inasmuch as the deceased was also negligent and driving the car no. ..... this appeal has been filed by the claimant-appellants against the award passed by the motor accident claims tribunal, tonk dated 27.5.1994 in mact claim case no. ..... rnd-9318 at the time of accident as a result of which he received injuries and on account of which he died in the said accident. ..... he met with an accident with a bus bearing registration no. ..... 1 at the time of the accident.3. .....
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