Court : Rajasthan
Reported in : 1991ACJ230; AIR1991Raj29; 1990(1)WLN665
..... been filed under section 110-d, motor vehicles act, 1939 against the award of the motor accidents claims tribunal, banswara dated april 29, 1988 by which the claimant-respondents have been awarded rs ..... afterhearing them, the learned tribunal held that the accident took place with the bus of the appellants, the deceased received fatal injuriesin the accident, he was 28 years old andawarded compensation to ..... these facts and circumstances leave no doubt that the said accident took place due to the rash and negligent driving ..... the second question for consideration in this appeal is whether the accident took place due to the rash and negligentdriving of the bus ..... in his cross-examination that a criminal case is pending in the court of munsiff-cum-judicial magistrate, banswara against him in respect of the said accident and he is regularly appearing before the court in the said case. ..... that he did not disclose there that the accident did not take place with his said bus. ..... by the learned counsel for the appellants-non-petitioners that the motor accidents claims tribunal seriously erred in holding that the accident took place with the bus no. ..... in the alternative, it was also stated that no accident took place on account of rash and negligent driving ..... he further contended that the motor accidents claims tribunal has awarded compensation without any evidence on record, post-mortem report has been read in evidence without recording the statement of the doctor who performed the post-mortem .....
Tag this Judgment!Court : Rajasthan
Reported in : (1999)IIILLJ810Raj; 1998(1)WLC1; 1997(2)WLN658
..... the prime consideration in this particular perspective, more so in a case of bus driver where the reputation of the rsrtc could not have been taken to lower down in the estimation of the passengers or public at large seeing the accident and also finding the reinstatement of the service of the workman despite his misconduct having been proved before the appropriate forum in this particular perspective, we need not answer the fourth question at all in the ..... loss of reputation caused to the employer particularly in case of bus driver where the reputation of corporation has been lowered down in the estimation of the passengers boarding the bus as well as public at large who saw the accident caused due to rash and negligent driving of the bus drivers; conduct and act inconsistent with his duty; act of conduct making it unsafe for the employer to retain his service; act or conduct of the workman ..... and was conducted against the principles of natural justice since despite gopal singh making a request for supplying of two copies of spot inspection report annexure p/2 and p/5 which were prepared on the spot after the accident in question, these documents were not made available to him by the rsrtc. ..... to the rsrtc, inasmuch as, the prestige of the rsrtc about its management in running the buses was lowered down in the estimation of passengers travelling on the bus as well as before the public at large who saw the accident caused by rash and negligent driving of the bus by gopal singh. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1982WLN765
..... in the absence of any cogent evidence to connect amarsingh with the occurrence, no award could be passed against him, as it cannot be said with certainty that he was driving the vehicle in question at the time when the accident had taken place but i cannot help observing that the corporation, which is a state owned organisation, has failed to perform its duty towards the society at large by withholding requisite information as to its employee who was ..... learned member of the tribunal has considered the fact that there was not much traffic at the place where the accident had taken place and that the road was 25'-26' wide and that the bus was being driven towards the left side of the road by the driver, as the circumstances which led ..... 2 gianchard gurhani whose shop is situated just at the intersection of the roads where the accident occurred & was a natural witness has also stated that the vehicle was being driven at ..... hand, shri raj narain munshi, appearing for the corporation, argued that neither gianchand gurhani nor lalchand were present at the time of the occurrence, but they came after the accident had taken place and as such their testimony was righly disbelieved by the tribunal. ..... and a.w.3 lalchand @ lalsingh that the bus was being driven at an excessive speed and with recklessness and negligence.10 it is not in dispute between the parties that the bus which had caused the accident, at which shri puri was injured & as a result of which he expired, belonged to the corporation. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1974WLN527
..... principal function of the maxim is to prevent injustice which would result if a plaintiff were invariably compelled to prove the precise cause of the accident and the defendants responsible for it, even when the facts bearing on the matter are at the outset unknown to him and often within the ..... access to evidence is an influential factor, it is riot controlling thus, this fact that the defendant is, as much at a loss to explain the accident, pr himself died in it, does not preclude an adverse inference against him, if the odds, otherwise point out, his negligence (see john g. ..... defendant to meet the plaintiff's case may take alternative forms firstly, it may consist in a positive explanation by the defendant of how the accident did in fact occur, of such a kind as to exonerate the defendant from any charge of negligence.12. ..... that the driver was in the management of the vehicle and the accident is such that it does not happen in the ordinary course of ..... alternatively, in these instances where the defendant is unable to explain the accident, it is incumbent upon him to advance positive proof that he had taken all reasonable steps ..... ipsa loquitur is retorted to when an accident is shown to have occurred and the cause of the accident' is primarily within the knowledge of the ..... the mere fact that the cause of the accident is unknown does not prevent the plaintiff from recovering damages, if the proper inference to be drawn from the 'circumstances which are known is that it was caused by .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(3)WLN236; 2002(3)WLN236
..... driver, owner and the insurer of the truck but has filed the claim petition against the corporation in whose bus he was travelling as a passenger at the relevant time of the accident and, therefore, he is entitled for compensation from the corporation as the driver of the corporation's bus is joint tort feasor and the corporation is liable to pay compensation jointly and severally.27. ..... the damages to composite for the loss of amenities of life which varies from person to person and injury to injury as on account of injury or the disablement, victim of an accident may not be able to walk, run, sit properly and may not be in a position to drive the vehicles or even may find difficulty in moving from one place to another ..... arrived at on the basis of such interested witnesses cannot be sustained, and it is held that the said accident was due to rash and negligent driving of the corporation's bus by its driver as well as the truck driver ..... in the instant case, drivers of both the vehicles failed to take due care and, therefore, the said accident was result of rash and negligent driving of the bus as well as truck and as such, the injury sustainedby the appellant was due to composite negligence of the driver of ..... from the opposite direction while crossing each other and due to this, both the vehicles grazed with each other, further stated that due to this accident, the appellant sustained injury on his right hand, which was in a position of hanging and ultimately resulted in amputation. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2000CriLJ2502
..... it has been put to goma ram pw-5 in the cross-examination that the deceased suffered injuries because of accident with some other vehicle and not the vehicle driven by the petitioner and that a false case was cooked up against him. ..... this fact was found reliable and it was held that it was a case of pure accident and there was no rashness and negligence on the part of the driver. ..... mishra wife of belkha bheel who had suffered quite a good number of wounds in this accident because of which she died as per the post-mortem report ex. p/9. ..... p/l, the first information report, was lodged by hans raj pw-1 who stated that his uncle punma ram informed him that his mother had met an accident with a truck. ..... punma ram did say that he did not know the driver and that he had escaped from the place of accident. ..... so it has been tried to canvass that there is no evidence as to who was driving the vehicle at the time of accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1998CriLJ4377; 1999(2)WLC632; 1998(1)WLN613
..... recently, the apex court issued certain directions to the state in a case wherein several school children lost their lives in a motor accident case at delhi because of the rash and negligent driving of the driver of the bus.4. ..... then what is the effect of granting probation to a driver, who caused accident while driving the vehicle in rash and negligent manner or reducing the substantive sentence of one year or maximum sentence of two years r. i. ..... almost ten years have passed by now but the graph of accident in the state is going higher and higher. ..... ground that the driver has not only driven his vehicle in reckless manner and caused the death of one person and injuries to another but he had also attempted to escape prosecution by failing to report the accident to the police about the incident. ..... almost every day there is an accident at one place or the other where several persons are losing their lives and several persons, are seriously injured. ..... a case where the respondent had not only driven his bus in a reckless manner and caused the death of one person and injuries to another but he had also attempted to escape prosecution by failing to report the accident to the police authorities.5. ..... the accident took place on 22-4-81 i.e. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2006ACJ2212
..... of the hon'ble apex court is relevant:if those 6 workmen when travelling in the vehicle are assumed not to have increased any risk from the point of view of the insurance company on occurring of an accident, how could those added persons be said to have contributed to the causing of it is the poser, keeping apart the load it was carrying.and the hon'ble apex court further held:the misuse of the ..... covered the risk of driver, khalasi and four labourers even then if more persons travelled in the truck then the travelling of more persons in the truck was not the cause of accident and also it had no nexus with the accident, therefore, claimants who proved themselves to be the labourers of the owner of the truck, are entitled to recover the claim amount from the insurer of the vehicle of the insured. ..... company'), whereas four have been preferred by the to claimants to challenge the award dated 10.4.2002 by which the motor accidents claims tribunal, pali in six claim cases iled by the claimants, decided the claim petitions by a common award.2. ..... in what capacity the victims were travelling and whether because there were more persons travelling in truck at the time of accident, whether the insurance company can claim any exemption from their liability to reimburse the claim. ..... it is also submitted that it was month of june when accident took place and in rajasthan, transport of fodder in the month of june is the most hectic activity because of the scarcity of fodder in the period of summer in .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(1)Raj28
..... these two witnesses have been planted as the witnesses as to whom story was told by the complainant bhanwar lal just after the accident and to make their evidence admissible in evidence as narration of incident by the witness to others immediately after the incident. ..... another fact which was considered by the trial court was that near the place of accident of truck and scooter, one shawl and muffler were found which had blood spots over them. ..... nobody gave any injuries to jagdish on the spot near the place of accident of truck and scooter, then how blood came on shawl and muffler remained unexplained. ..... be it as it may be, madan and ramsukh are not the witnesses to the alleged accident of the truck with scooter or are witness to the killing of victim jagdish. ..... how they came to-know about the accident of scooter of jagdish and his murder is not mentioned in the parcha bayan ex.p/1. ..... complainant bhanwar lal was not present at the time of any of the incident either accident of scooter by the truck or at the time when deceased jagdish left the place of accident. ..... all the 5 accused well planned to kill the victim jagdish and by hatching criminal conspiracy with common object and common intention carefully planned to kill the victim by hitting the victim by truck so as to convert murder in accident case. ..... one jagdish was with said bhanwaru mali but he is not found on the scene of accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1(1985)ACC439
..... gupta tried to seek shelter under the doctrine 'res irsa loquitor' and contended that the way in which the accident took place shows that it had taken place due to the negligence and rashness of the driver of the roadways bus ..... contended that in regard to the claim of the legal representatives of the deceased purshottam lal, compensation should be allowed atleast to them as the accident was the result of 'composite negligence' of the drivers of the scooter and the corporation bus. ..... here in the instant case, the evidence adduced by the parties clearly show that the accident had taken place due to the rash and negligent driving of the scooter by its driver ..... further admitted that the driver of the bus refused to drive the bus after the accident and stated that he would not drive till the arrival of police. ..... on the conclusion of hearing, the tribunal recorded its findings as under:(1) the accident had taken place due to rash and negligent driving of the scooter by its driver ..... in case the appeals are allowed and it is held that the accident had taken place due to the rash and negligent driving of the bus by its driver prahlad, the claimants are entitled to recover compensation as assessed by the ..... it has been explained by the driver of the corporation bus and khubi lal (naw 2) that after the accident had taken place, scooter was found on the road. ..... doctrine applies where the facts before the court are not the whole facts and the cause of accident has not been explained by any of the parties. .....
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