Court : Rajasthan
Reported in : IV(2005)ACC828; AIR2006Raj5; RLW2005(4)Raj2659; 2005(4)WLC425
..... while reiterating the aforesaid facts, the learned counsel for the petitioners has invited my attention to rule 81 of the directory of group insurance accident scheme, in which it stated that in the event of death by suicide or attempt to commit suicide, the benefits of policy will not be payable. ..... respondents that the police have investigated the entire matter and after recording the statements of various persons, have given a specific finding that the death of late shri ghasi ram has occurred due to an accident, which took place on 13.9.2001, while he was drawing water from the village well. ..... , it is submitted by the learned counsel for the respondents that late shri ghasi ram was a government servant and was a member of group insurance scheme and as per the scheme, if any policy holdies dies due to accident, then the dependents will be entitled to receive a sum of rs. ..... silochana devi claimed that the death of her husband - late shri ghasi ram occurred due to accident and, therefore, she is eligible for insurance claim. ..... the group insurance claims are sanctioned when the cause of death is accident and not suicide.6. ..... so, the death of late shri ghasi ram has occurred on account of accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2006ACJ1291
..... for amputation of a leg the victim had received compensation by filing a claim petition at one place and after receiving few lakhs on that count, dared to file another claim for the same accident and injury at another distant place and it was only per chance that on account of yet third criminal litigation arising out of some misappropriation of the compensation amount, earlier awarded by some middle ..... 1 that since she has already given in writing that the entire amount payable to her may be paid to the minor son dhruv, who was one and half years of age at the time of accident and is being looked after by grandparents, who are said to be quite affluent, i think it appropriate to direct that the amount directed by the learned tribunal to be put in fixed deposit in the name of the ..... device is not likely to escalate the prices of the vehicles to any significant extent, but then, at the same time it will provide fool proof material to the motor accidents claims tribunal not only enabling it to decide the question of negligence or contributory negligence, but will also prevent effectively any spurious or simulated claims and avoid false and imaginative defences ..... assailing the impugned judgment and award, learned counsel for appellant contended that the learned tribunal was in error in holding that the accident was outcome of negligent driving of the military vehicle, rather it is more than clear on record that it was the car driver, who drove the car at a fast speed and unmindful .....
Tag this Judgment!Court : Rajasthan
Reported in : 1(1986)ACC145
..... the award, learned counsel appearing for the corporation raised three contentions namely:(1) the finding of the tribunal that the accident had taken place due to the rash and negligent driving of the bus by its driver gyanchand was wholly erroneous. ..... be mentioned that satya narain and chandidan who were travelling in the bus and who had sustained injuries in this accident and mukbram who was the second-driver in the truck, also presented applications for compensation before the tribunal. ..... for the reasons montioned therein, the finding of the tribunal that the accident had taken place on account of rash and negligent driving of the bus by its driver gyanchand ..... pusa ram air 1978 punj and har 171 the accident took place on 17-9-1970, in which five buffaloes were killed by ..... they should be read together) the position which emerges out is that a claim in respect of the damages to the property falls within the jurisdiction of claims tribunal provided the damages are the result of accident and the accident is of the nature mentioned in section 110 of the act. ..... the person whose property has been damaged in a motor accident would, therefore, be the person who has sustained injury within the meaning of section 110-a(1)(a) of ..... on the conclusion of trial, the tribunal held that the accident and collision had taken place on account of the rash and negligent driving of the corporation bus by its ..... jyoti construction, magalore air 1979 kant 79 the accident took place between a bus and a truck on .....
Tag this Judgment!Court : Rajasthan
Reported in : 1(1986)ACC563
..... the claimants and for the owner of the bus submitted that in the instant case the insurance company failed to produce the policy to show that its liability in respect of the accident was limited, consequently the insurance company must be held liable for the full amount. ..... if it be taken that on account of interpretation given by the supreme court to the expression 'any one accident' the provisions contained in section 95(2) of the act must give way, it would amount to repealing section 93(2) and it would lead to entering into the field of legislation which in ay humble opinion the court cannot do, to ..... force and substance in the submissions of the learned counsel for the appellant and affirmed the finding of the learned tribunal that the accident occurred on account of rash and negligent acts on the part of the driver.5. ..... the award dated 31-7-1982 passed by the motor accident claims tribunal, udaipur, is modified and the liability of the insurance ..... division bench of the allahabad high court while considering a case where a passenger in bus died in an accident held that the insurance company was liable to rs. ..... /- for each individual passenger as the accident in that case resulted in death of ..... contract contract its liability in respect of the accident must be held for the full amount. ..... observations made by their lordships in that case, the allahabad high court held that in case one passenger travelling in the bus dies in an accident, the liability of insurer is not restricted up to rs. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2009(2)WLN305
..... learned counsel submitted that petitioner has already availed of remedy before the motor accident claims tribunal where substantial amount has been awarded to him as compensation. ..... he had to remain hospitalised for number of days and due to the accident, he suffered permanent disability and all four fingers in his right hand got imputed. ..... alternate job petitioner and regularize his services from the date of his initial appointment in the corporation and also pay him his salary for the period from the date he met with the accident till he resume his duties along with compensation.2. ..... he while driving their vehicle, met with an accident, as a result of which, he suffered permanent disability and all four fingers in his right hand got imputed. ..... since petitioner was responsible for the accident while driving the vehicle of the corporation, his services cannot be said to be satisfactory. ..... petitioner was initially appointed on 13.08.2001 and he joined on 31.08.2001 and he met with an accident on 27.07.2003. ..... petitioner while driving the bus of the rsrtc met with an accident on 27.07.2003 at 11.15 p.m. .....
Tag this Judgment!Court : Rajasthan
Reported in : II(1990)ACC535
..... 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 ..... after hearing them, the learned tribunal held that the accident took place with the bus of the appellants, the deceased received fatal injuries in the accident, he was 28 years old and awarded compensation to the ..... 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 negligent driving of the ..... in his cross- examination that a criminal case is pending in the court of munsif-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 : 1974WLN36
..... ) appeal cases 601 and deduced the following principles:at first the deceased man's expectation of life has to be estimated having regard to his premature determination of his life by later accidents; secondly, the amount required for the future provision of his wife shall be estimated having regard to the amounts he used to spend on-her curing his lifetime, and other ..... the law on the subject as under:if the deceased had not been killed, but had eked out the full span of life to which in the absence of the accident he could reasonably have looked forward what sums during that period would he probably have applied out of his income to the maintenance of his wife & family. ..... for pain and agony could not have been legally awarded as shri rajbahadur singh died immediately after the accident even before he could be removed to the hospital and further that the award of compensation by the ..... . subject to the proviso to sub-section (1) a policy of insurance shall cover any liability incurred in respect of any one accident up to the following limits, namely:(a) x x x x(b) where the vehicle is a vehicle in which passengers are carried for hire or reward or by reason of or in pursuance of a contract of employment:(i) in respect of persons other than passengers ..... of appeal held that where the plaintiff's expectation of life has been curtailed owing to the injuries caused by the accident, he is necessarily deprived of something of value and he may recover damages on account of loss suffered due to .....
Tag this Judgment!Court : Rajasthan
Reported in : 2(1985)ACC145
..... to me that on a thoughtful consideration of the evidence that though the bus driver cannot escape of the liability of being required to be more careful and, i feel, in such cases, his failure to stop the vehicle and avoid the accident even when the boy came in front, may be due to the fact that the boy became nervous or otherwise, cannot be avoided i also held that there was a composite negligence of the boy inasmuch as when ..... in the cross-examination that he has tried to involve the bus driver, as he was not given freedom, however, before appreciating the evidence of thiswitness, i must mention that tejpal singh, the boy, who is victim of this accident in his examination-in-chief, has stated that the bus struck his cycle from behind on account of which he fell down and the wheel of the bus was over his right leg. ..... before this court, there is no dispute and it is common ground that, tejpal singh, the appellant, was going on cycle and there was an accident with the bus of the corporation, as a result of which, tejpal singh sustained various injuries and one of his leg was amputed, as a whole.3 ..... tej pal singh, the claimant, who was aged 16 years at the time of filing of the ciaim petition, has filed this appeal against the rejection of his claim by the motor accident claims tribunal, bbaratpur, on the ground that it has not been proved that the accident took place on account of the fault or negligence or rashness of the bus driver-mullan, who was driving the corporation's bus no. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1976WLN727
..... i could hardly imagine that the state would be seeking to carry on work of building bridges and claim exemption from the unfortunate accident that may take place during the court of employment. ..... the accident took place when the bridge collapsed and the deceased was covered under the debris. ..... 45/- per month and as a result of accident died on 30-5-70. ..... one should normally have thought that the department having failed before the tribunal will rest and pause & not pursue the unfortunate victim of the accident. ..... his son filed an application under the workmen's compensation act, 1923 (hereinafter to be called the act) which is an act to provide for the payment by certain classes of employers to their workmen of compansation for injury by accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : III(2006)ACC60; 2006WLC(Raj)UC654
..... according to the note given in the second schedule of 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 one-third in consideration of the expenses which the victim would have spent towards himself had he survived. ..... 2, he was following the deceased when the accident took place, the accident was caused because of the rash and negligent driving of the roadways' bus. ..... thus, there is a direct nexus between the accident, the injuries and the death. ..... hence, there is a direct nexus between the injuries caused by the accident and the death of the deceased. ..... firstly that the fir about the alleged accident was lodged after deepak's death. ..... subsequently, deepak's parents filed a claim petition before the motor accident claims tribunal, jaipur city, jaipur. ..... the delay in lodging of an fir in an accident claim case would not be fatal to the claim petition. ..... 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, etc. ..... the accident occurred in the year 2003, therefore, his salary of rs. ..... the unfortunate death of deepak bansal in an accident, an award of rs. ..... of the fir cannot dilute or damage the cause of the claim, secondly, that accordingly to the post-mortem report itself, the deceased had died due to gangrene which had set in the wounds caused by the accident. .....
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