Court : Rajasthan
Reported in : 1991ACJ1129
..... ajit doshi 1979 acj 433 (rajasthan), the insured sold the vehicle prior to the date of accident but the registration and policy continued to remain in his name and the insurer failed to prove that insured was the real insured ..... nobody was examined on behalf of the non-applicants and hence, after hearing the parties, the learned tribunal came to the conclusion that the accident has occurred on account of the rash and negligent driving of the truck by its driver iqbal mohd. ..... ranjeetmal haran has, therefore, claimed that no compensation can be claimed from him as this accident is not the result of the rash and negligent driving of the truck by iqbal mohd.4 ..... the learned counsel appearing for the parties do not dispute that the accident took place on 21.5.1979 on account of rash and negligent driving of truck no ..... the claimants have, however, claimed that at the time of the accident, deceased shankerlal was working as a peon in the office of the director, agricultural department, jodhpur and was drawing a salary of rs ..... registered owner of the truck jaymalsingh has stated that he does not know about the accident and the driver iqbal mohd. ..... four appeals and two cross-objections are directed against the award of the learned motor accidents claims tribunal, jodhpur dated 6.4.1985 in m.a.c.t. ..... haran has stated that he is the power of attorney holder of this vehicle on behalf of jaymalsingh and the claim about the loss caused to this truck on account of this accident has been paid to him, i.e. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2000WLC(Raj)UC540; 2000(3)WLN163
..... led by the claimants as to who the driver of the vehicle was, the owner of the vehicle has led evidence to the effect that ratan singh having a driving license was the authorised person on the date of accident to take the vehicle but ratan singh instead of himself discharging the instructions to drive the vehicle has authorised another person namely vikram singh to take the vehicle because of his mother's illness. ..... trial against mathuralal has not come to an end and the applicants allegations were solely on the basis of investigation, the insurance company though have asserted that mathuralal was driving the vehicle at the time of accident and he was not authorised by the owner of the vehicle they are not responsible for the owner but they have not led any evidence in support of this assertion. ..... it is established on the material on record that it was the insured who had wilfully 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. ..... , he has duly authorised some person to take the vehicle, then he is not responsible for subsequent non-discharge of duties by such authorised person who further delegated his duty to someone else and if accident is caused by that delegate the insurance company cannot absolve itself from the liability of indemnifying insured in such circumstances. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2009CriLJ3416; RLW2009(1)Raj693
..... at this stage, it is pertinent to record that if the existing laws have turned insufficient to cope with the challenges posed by alarmingly increasing hit and run accident caused especially by badly drunken drivers, the government (legislature) should amend the laws suitably and make the offence under section 304-a of ipc non-bailable and propose punishment which may extend to ten ..... chandra pal singh choudhary has submitted that the respondent was a highly influential person and his post accident conduct made it clear that there was a threatening from him to tamper with the evidence and influence the witnesses causing hindrance in fair investigation of the case.51. ..... indicates that the accused committed offence under section 304 of ipc and not under section 304-a of ipc;(iv) that if a person drives a vehicle under the influence of alcohol and subsequently causes hit and run accident, it can safely be gathered that he had a knowledge that from his act the death of a person could be caused. ..... state popularly known as 'bmw accident case', delhi high court dismissed the bail petition of the accused on the ground that he was not found to be a resident indian nor indian national and had travelled to india on british pass-port. ..... which were graver in nature and non-bailable;(ii) that the ball granted by the police is subjected to be cancelled if later on a graver and non-bailable offence is disclosed;(iii) that the accused respondent after committing the accident fled from the spot. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1988Raj186; 1987WLN(UC)667
..... the case which is now in dispute before this court is that the jeep belonged to state of rajasthan and the jeep met an accident by rolling down in the canal, resulting in death of rajiv to whom compensation has been allowed.2. ..... the principal can be held to be vicariously liable for the wrongful act of agent provided that the wrongful act falls within this category of vicarious liability.masterwould, however, not be liable if the servant at the time of accident is not acting in the course of employment but is doing something for himself. ..... principles laid down in the above judgment would show that even when in that case driver of the truck let the loaded truck in charge of the cleaner, and the cleaner drove the vehicle resulting in accident then also it was held that the master was liable.4. mr. ..... the state of rajasthan was owner of the jeep but the claim has been disallowed on the ground that jeep was not driven by the authorised driver prem chand at the time of the accident the appellant was going on the work of the state. ..... and caused accident it was held that the driver was within the scope of workers employment so as to find the employer's claim. ..... the driver left the cart unattended and the boy drove it to deliver the parcels and caused the accident. ..... pradesh high court in 1979 acc cj 58 : (air 1979 andh pra 75) observed that a third person sitting in the vehicle and was not without the licence to drive started the vehicle and drove of resulting in the accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1992ACJ678
..... framing necessary issues and recording the evidence of the parties, the learned tribunal passed the said award holding that the accident took place due to rash and negligent driving of the water-tanker by the driver shankarlal and claimants are entitled to ..... by the learned additional advocate general that the learned claims tribunal has seriously erred to hold that the accident took place due to the rash and negligent act of the driver shankarlal. ..... all these facts and circumstances leave no manner of doubt that the accident took place due to rash and negligent driving of the water-tanker by ..... they further averred in their reply that the accident took place as the bullocks got scared on hearing the noise of the oncoming water-tanker, the speed of the water-tanker before the accident was quite normal and shankarlal was driving the tanker with ..... rjc 3798, has deposed that immediately after the accident he went to the place of occurrence and found the driver shankarlal and the khalasi kishorsingh there and on his query kishorsingh disclosed that shankarlal had dashed the bullock-cart ..... 4,48,877/-averring that at the time of the accident, bhagwana ram was serving as a key-man in the northern railway, barmer, ..... deposed that the driver shankarlal admitted before them that the accident took place due to his mistake. ..... admit in their written statement that the said tanker rjc 3798 belonged to them, it was being driven by its driver shankarlal, the said accident took place on february 1, 1986. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(2)Raj1162; 1(2009)WLN(Rev)386
..... inquiry statements of the petitioner were recorded in which he specifically stated that the accident met as the jeep driver and all other persons riding in the jeep were under ..... on way to sriganganagar from bikaner on 26.5.1983, the bus driven by the petitioner met with an accident, consequent thereto a case was lodged against him for the offences punishable under sections 279, 333 and ..... shri ganpat ram, an another traveler of the bus that met with accident on 26.5.1983, also stated that the accident occurred due to rash and negligence on part of jeep driver who ..... petitioner he was driving the bus at a moderate speed, he also stopped the bus on looking rash with incoming jeep and after accident he at his own took the injured persons in the corporation's bus to the hospital. ..... a definite finding was given by the divisional mechanical engineer that accident on 26.5.1983 occurred due to rash and negligence on part ..... assistant mechanical engineer, bikaner who by giving reference of the preliminary report submitted by shri balkrishna sachdeva informed divisional mechanical engineer of the corporation under a communication dated 16.6.1983 that the accident took place due to rash and negligence of the bus driver. ..... notice to show cause was served upon the petitioner to explain as to why he be not discontinued from service as due to his rash and negligent driving accident occurred on 26.5.1983, that resulted into death of a person and also that the accident occurred caused some damages to the bus. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1993ACJ1211; 1992(2)WLN620
..... 10,000/-on this score, so also his daughter who was only two years of age at the time of accident and did not have any chance to have love and affection of her father and who was deprived of all this at a very young age, should have also been awarded at least ..... state of rajasthan in its appeal has challenged the award passed by the tribunal on the ground that it has not been proved that the accident occurred on account of rash and negligent driving by the driver but it was a fault of the deceased himself. ..... is an admitted fact that the deceased was aged only 24 years at the time of accident and he was working as a clerk in the state government and was drawing rs. ..... claimants are mother of the deceased, wife of the deceased and daughter of the deceased who preferred a claim petition before the motor accidents claims tribunal, jaipur (in short 'the tribunal'). ..... the tribunal held that on 15.2.1971, accident occurred on account of rash and negligent driving of jeep ..... two appeals are directed against the award dated 12.9.1988, passed by the judge, motor accidents claims tribunal, jaipur, awarding a sum of rs. ..... it is held that the accident took place on account of rash and negligent driving of the vehicle by the driver kalyan singh who was in service of the state government and, therefore, the state government is liable to pay ..... antonio doe martins 1985 acj 397 (sc), wherein the supreme court has awarded interest at the rate of 12 per cent per annum from the date of the accident till payment. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1975WLN(UC)261
..... that the liability to pay the damages by 'he employer to the corporation is a statutory one and the employer becomes liable to reimburse to the corporation the damages paid by it, and that liability starts on the day when the accident had taken place as it is the law that fixes the liability and not the determination of the quantum of damages by the corporation.5. ..... muniswami who was an employee of the appellant at the time when the fatal accident took place while shri muniswami was working on the electricity line in the course of his employment with the appellant.2. ..... it is admitted by learned counsel for the parties that at the time when the accident had taken place and the workman died on account of that accident, section 66 of the act was very much in vogue. ..... corporation at some later day when section 66 of the act had been deleted from the statute book, it is not open for the appellant to say that the liability which hac5 started on the day of the accident ceased to exist because later on the section was deleted. ..... while discharging his duties under his employment be met with the accident resulting in his instantaneous death. ..... shri muniswami was in the employment of the rajasthan state electricity board and on the day when he met with a fatal accident, that is on 6-11-66 he was working on the 33 k.v. ..... in this case the accident took place on 6.11.1966 and the death of the employee occurred on that very day. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2(1986)ACC559
..... of this judgment should be sent to the chief secretary, government of rajasthan, jaipur, for circulation amongst the public sector undertakings and the state functionaries dealing with the claims of compensation in cases of accidents, in cases of workmen's compensation, and other such relevant and related subjects. ..... 50,000/- respectively for loss of human life by pure accidents, the scale of compensation is very meagre under workmen's compensation act and other laws.the life of a truck driver, who dies in harness is no way less valuable than a person going for a pleasure trip to enjoy ' ..... opinion, the compensation in accident cases of vehicles under the motor vehicles act, fatal accidents act, and other relevant related laws, belong to the branch of social welfare legislation which is based more on consideration that the society under the constitution wedded to socialism or social justice is bound to provide for the victims of the accidents and their dependents. ..... socio-economic pragmatic approach exhibited by accident claims laws, expressly provides for ..... instead of making payment of compensation to the widow of rickshaw-chalak and his kids, entered into litigation and dragged poor widow to the motor accident claims tribunal for filing claim petition.2. ..... deceased was 37 years of age at the time of accident, multiple should be of 25 years instead of 12 year ..... 1 relates to the point as to whether the accident was due to the negligence and carelessness on the part of the bus driver of .....
Tag this Judgment!Court : Rajasthan
Reported in : 2007ACJ2270
..... to the note given in the second schedule to the act, the legislature in its wisdom has clearly stated that the amount of compensation so arrived at in the case of fatal accident claims shall be reduced only by 1/3rd in consideration of the expenses which the victim would have spent towards himself had he survived. ..... eyewitness vijay shanker, aw 2, he was following the deceased when the accident took place, the accident was caused because of rash and negligent driving of the corporation bus. ..... there is a direct nexus between the injuries caused by the accident and the death of the deceased. ..... deepak's parents filed a claim petition before the motor accidents claims tribunal, jaipur city, jaipur. ..... there is a direct nexus between the accident, injuries and the death. ..... in case of non-fatal accidents, the non-pecuniary category would include the pain and agony suffered by the claimants, the frustration, the discomfort suffered by the injured ..... about the alleged accident was lodged after deepak ..... death of deepak bansal in an accident, an award of rs. ..... who would have looked after their weak bodies, their fragile emotions and their frayed psyche suddenly disappeared because of the unfortunate accident. ..... of love and affection, the loss of consortium, in case of spouse, are non-pecuniary losses which are to be compensated in case of fatal accident. ..... the only reduction sanctified by law is to the extent of 1/3rd of the salary which the deceased is presumed to spend on himself had he survived the accident. .....
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