Court : Rajasthan
Reported in : AIR1992Raj108; 1991(2)WLC540; 1990WLN(UC)377
..... also been contemplated like suspension of registration certificate by the competent authority and the vehicle was restrained from plying by a competent court or authority or that the vehicle was involved in an accident and report to this effect was made to the police and because of accident it remained out of use at least for a period of three months or it remained under attachment or the vehicle has been taken out of the state and a certificate has been produced that ..... certificate of registration was suspended by the competent authority;(2) that the motor vehicle was restrained from plying by the competent court or authority;(3) that the motor vehicle was involved in an accident and a report to this effect was made to the police and that because of accident it remained out of use at least for a period of 3 months;(4) that the motor vehicle was attached for the recovery of tax under the rajasthan land revenue act by the ..... in case it is found by the taxing authority that it was not possible to have plied the vehicle for any reason, may be on account of accident, may be on account of the vehicle being out of order, may be on account of floods or any other natural calamity or road being out of order, in that case the owner shall have to satisfy the taxing authority that the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1991ACJ162; 1990(2)WLN495
..... contended by the learned counsel for the appellants that the learned tribunal seriously erred to hold that the deceased gangadan was 45 years of age at the time of the accident and it is well proved from the statement of the widow chhagan kanwar, pw1 and the post-mortem report exh. ..... admitted case of the parties that deceased was in the railway service on the date of the accident and he would have retired at the age of 58 years. ..... if the deceased gangadan would not have died in accident, he might have also attained the age of ..... from her statement that her age at the time of the fatal accident of her husband was 39 years only. ..... the claimants under section 110-d, motor vehicles act, 1939 (hereinafter to be called as 'the act') for the enhancement of the amount of compensation against the judgment dated july 23, 1988 passed by the motor accidents claims tribunal, jodhpur, awarding rs. ..... this head.12 the tribunea has also not awarded any amount for the pain and sufferings suffered by the deceased gangadan from the time of the accident till his death. ..... age at the time of accident was 41 years. ..... the accident took place on december 26,1984 and he died on ..... kanwar, pw 1, has categorically stated in her examination-in-chief that her husband gangadan was 40 years old on the day of the accident. dr. m.p. ..... treatment of the deceased, for the loss occasioned by the damage of the moped and also for the pain and sufferings suffered by the deceased during three days he remained alive after the accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1989CriLJ326; 1988(2)WLN60
..... the object of imposing a fine and awarding compensation to the injured or the kith and kin of the deceased, is to compensate for the injury suffered in the accident, and if the fine is imposed beyond the capacity to pay, of the accused, he is only to undergo sentence of imprisonment for a longer time in view of non-payment of fine, and that does not help the injured or the ..... a driver may have adequate driving skill and possess good judgment but still he may get involved in accidents, frequently due to mistakes of other road users such as a child running across the road, an auto rickshaw making a sudden u-turn and a bus stopping all of a ..... before parting with the case, we shall i like to observe that in view of the fact that number of accidents are increasing every day and traffic is also increasing day by day, the government should make provisions in the relevant rules that driving licences for certain vehicles should be renewed after every three ..... on 6-5-87 (reported in 1988 cri lj 1) does not lay down a general proposition that in all automobile accident cases, there should not be a lesser punishment than one year's imprisonment and a fine of rs. ..... the arguments at length, he passed detailed order dated 27-7-87 referring the following question for consideration by the larger bench,whether the decision in the aforesaid case lays down a general proposition that in all automobile accident cases there should not be a lesser punishment than one year's imprisonment and a fine of rs. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1995ACJ1038; 1994(2)WLC137
..... the respondents, learned counsel for the claimant-appellant contended that neither any cross-appeal nor cross-objection has been filed by the respondents against the order holding that the said accident took place due to the rash and negligent driving on the part of the truck driver devi lal and as such the findings on these points are not open to challenge.8. ..... 12,000/- paid by him as penalty to the irrigation department for not completing the work of contract taken by him on account of the injuries received by him in the accident simply on the grounds that the claimant admitted in his statement that no notice was received by him from the irrigation department prior to the imposition of penalty, no paper of the contract given to him in the year ..... he is entitled to get this amount.loss sustained abhay kumar has deposed that as a result of the accident he could not complete the contract granted to him by the irrigation department, it was cancelled and a penalty ..... rrm 8549 belonging to respondents was involved in the accident and the accident took place on account of any negligence or carelessness on the part of its driver and the learned tribunal seriously erred to hold that the accident took place due to rash and negligent driving of the truck by its driver devi ..... further contended that the tribunal seriously erred not to hold that the claimant had to remain on bed on account of serious injuries received in the accident, rod had been fixed in his leg, his contract was cancelled, rs. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1986WLN(UC)443
..... was suspended by the competent authority;(2) that the motor vehicle was restrained from plying by the competent court or authority;(3) that the motor vehicle was involved in an accident and a report to this effect was made to the police and that because of accident it remained out of use atleast for a period of 3 months;(4) that the motor vehicle was attached for the recovery of tax under the rajasthan land revenue ..... even if the stage carriage vehicle meets with an accident and it is unable to perform journey on the prescribed route for 7 consecutive days or more, then there is sufficient time for the owner of the vehicle to submit an application before the taxation ..... but in a case a stage carriage vehicle is involved in the accident, the owner thereof would be absolved from payment of special road tax if the vehicle is not ..... ordinary motor vehicle is involved in any accident, then the claim for non-payment of tax on account of non-user of the vehicle would only be available for the vehicle involved in accident and remaining out of use atleast for a ..... it was argued that if the vehicle is involved in an accident or some such event takes place where it is not possible for the owner of the vehicle to inform the taxation officer before the commencement of the non-use of the vehicle and if ..... if the motor vehicle is involved in an accident and the report to that effect is made to the police and the vehicle remains out of use atleast for period of three months then the taxation officer on .....
Tag this Judgment!Court : Rajasthan
Reported in : 2(1986)ACC413
..... these five appeals have been filed by the rajasthan state road transport corporation against the joint awards dated 20th april, 1981, made by the motor accident claims tribunal, jodhpur, in favour of the five different claimants by a single order, as the five appeals are directed against this single order; they are being disposed of together by a ..... after framing the necessary issues and taking evidence of the parties, the learned judge of the claims tribunal found that the accident was due to the contributory rashness of both the drivers and he awarded compensation to the claimants in different sums which i will ..... written statement the non-petitioners denied the fact of that driver being rash and negligent and imputed the cause of accident to each other driver, the fact of the accident, the death of lalit kumar and injuries to the various claimants, does not appear to have been disputed. ..... this inference can rightly be drawn from the facts that when this accident took place, they were travelling by a taxi car and after the accident, a doctor bad been called from their native place dear which ordinarily family not being of means, could not ..... , his case is that the driver of the taxi was not at all rash and accident did not take place on account of his rashness, and therefore, respondent no. ..... not only this, from the very nature of the accident, it clearly appears that the driver of the bus ..... 18 years of age at the time of the accident and had passed higher secondary in first class. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2000(3)WLN200
..... and both the vehicles collided, as a result of which, all the five appellants-petitioner suffered injuries.all the five injured appellants-petitioners then filed separate claim petitions before the motor accident claims tribunal, jodhpur (for short 'the claims tribunal') under the provisions of the motor vehicles act, 1939 against the respondents-non-petitioners claiming compensation for the injuries suffered by them ..... the learned single judge of this court by which the learned single judge while dismissing the five appeals filed by gaffar khan (respondent-1), reduced the quantum of compensation awarded by the motor accident claims tribunal, jodhpur in each case and also dismissed the cross objections filed by the present appellants-petitioners and also held both insurance companies not liable.3. ..... has determined the amount of compensation payable to each of the claimants by considering the nature of injuries, total period of confinement due to injuries caused on account of accident, the loss of earnings caused due to such injuries and disability arising out of the accident in pursuing the vocation/profession of the injured, the nature of disability; (permanent/partial or transient) mental shock and physical pain and medical expenses, and has given ..... made clear that in other words, the judgment and award dated 24.12.1981 passed by the learned judge, motor accident claims tribunal, jodhpur in each case are upheld in toto in respect of the compensation awarded and liabilities of the .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001ACJ950; 2001(2)WLC335; 2001(2)WLN286
..... insurer's liability to indemnify the insured as under:on the aforesaid interpretation of these two statutory schemes, therefore, the conclusion becomes inevitable that when an employee suffers from a motor accident injury while on duty on the motor vehicle belonging to the insured employer, the claim for compensation payable under compensation act along with interest thereon if any, as imposed by ..... indemnify the insured against his legal liability as under: the workmen's compensation act, 1923 and subsequent amendments of that act prior to the date of this endorsement, the fatal accidents act, 1855 or at common law in respect of personal injury to any paid driver and/or conductor while engaged in the service of the insured in such occupation in connection ..... company that when it is statutorily and even contractually liable to reimburse the employer qua his statutory liability to pay compensation to the claimants in case of such motor accidents to his workmen, the interest on the principal amount which almost automatically gets foisted upon him once the compensation amount is not paid within one month from the ..... hold that the insurance company is liable to make payment of compensation as well as interest payable thereon for the delayed payment as part of legal liability arising out of the accident for which the insurer is liable to indemnify the insured employer under the insurance policy statutorily as well as contractually but he is not liable to indemnify the employer in respect .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1987Raj146; 1986(1)WLN730
..... 's sake to deal with them separately : --(i) what is the true nature of service benefits (whether statutory, contractual or otherwise) like provident fund gratuity or family pension received by the dependants of the deceased victim of an automobile accident; and (ii) what should be the true principle underlying the grant of just compensation to the dependants, in the context aforesaid. 23. ..... jain, as they then were, was considering a case in which the tribunal having held that the accident took place on account of rash and negligent act of the driver, the claimants were entitled to a sum ..... after discussing several authorities and noticing contrary views taken by different high courts, have held as under : --'the receipts of insurance, provident fund, pension or gratuity benefits by the dependents of the victim of an automobile accident must be altogether excluded from consideration in the award of compensation to them under section 110-b of the act.'16. ..... chand who had a hotel at bus stand, nasirabad has deposed that he was standing outside the bus stand talking to guru prasad and had nol seen the actual accident, but he had seen a military man lying near the road.pw-6 is nandlal who has a shop at the bus stand also deposed that he did not see the accident and also did not know as to how sanwat singh died. ..... that the claim is excessive and the claimants are not entitled for the compensation as the accident did not take place on account of rash and negligent driving of the bus.7. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1992ACJ895
..... it has been contended by the learned government advocate that the learned member of the tribunal has seriously erred to hold that the accident took place due to rash and negligent driving of the jeep by its driver on the basis of the statements of laxmi bai, aw 1, dr. n.s. ..... after framing the necessary issues and recording the evidence of the parties, the tribunal held that the accident occurred on account of the rash and negligent driving of the jeep by its driver gajendra singh and the claimants are entitled to get rs. ..... in their reply, the non-petitioners-respondents admitted that the jeep belonged to the government of rajasthan, accident took place, the deceased kailash chandra sharma was assistant engineer in the public health engineering department, he was getting rs. ..... admittedly, the deceased kailash chandra sharma was 42 years of age at the time of accident and he was assistant engineer in the public health engineering department, government of rajasthan and his monthly salary was rs. ..... this appeal has been filed under section 110-d, motor vehicles act, 1939, against the award of the motor accidents claims tribunal, udaipur dated october 29, 1985 awarding compensation to the tune of rs. ..... the learned member of the tribunal rightly held that the accident occurred on account of the rash and negligent act of its driver.6. ..... the judgment and award of the learned judge, motor accidents claims tribunal, suffers from serious illegality and infirmity and deserves to be set aside. .....
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