Court : Rajasthan
Reported in : 2005ACJ1653; AIR2004Raj131
..... also, and it was contended that a person of 19 years of age can hold a licence but he cannot drive a transport vehicle, and therefore, if such a person causes accident, the insurance company cannot be held liable, and therefore, for the purpose of deciding the contention of the insurance company, about validity of driving licence of the driver, the categories ..... affidavit stating that the certificate has been lost or destroyed, or that either before or not later than fourteen days after the happening of the accident the insurer has commenced proceedings for cancellation of the certificate after compliance with the provisions of section 105; or(b) that there has been a breach of a ..... to defend the action on any of the following grounds, namely:-- (a) that the policy was cancelled by mutual consent or by virtue of any provision contained therein before the accident giving rise to the liability, and that either the certificate of insurance was surrendered to the insurer or that the person to whom the certificate was issued has made an ..... it is more than clear that it is a comprehensive statute, clearly stipulating and enacting various provisions, to ensure the public safety, prevention of, or at least substantial avoidance of, the unfortunate accidents, by laying down the requirements of driving licence, categorizing various types of vehicles, laying down different parameters of eligibility, to hold driving licence with respect to particular category of vehicle, providing .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2004)DMC709; RLW2004(4)Raj2181; 2004(1)WLC350
..... around 11.00 am raju and ganga sahay came to him and informed that santosh accidently received electric current and died. ..... mahendra kumar gupta (pw.9) who performed autopsy, in his deposition categorically stated that santosh got burnt after her death therefore sign of burns could not be possibly resulted from suicide or accident. dr. .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2004)ACC171; AIR2004Raj83; 2004(2)WLC785
..... i find from the record of the case that in the motor accident the only son of the claimants petitioner, aged 9 years, has died. ..... the poor claimants petitioners have lost their only son, aged of 9 years in the accident and still the insurance company is opposing the application. ..... of the constitution of india, the claimant petitioners are praying for quashing and setting aside of the order dated 8th of may, 1999 (annexure-1) and order dated 13th of july, 2001 of the learned judge, motor accident claims tribunal, kekri (for short, 'the tribunal'). ..... 7,17,500/- for the loss suffered by them due to the death of their minor son aged 9 years, a student of second class, in an accident took place on 27th of august, 1994. ..... the orders dated 8th of may, 1999 and 13th of september, 2001 of the learned judge, motor accident claims tribunal kekri are quashed and set aside and the motor accident claim case no. ..... in case the order of the learned trial court is allowed to stand it will result failure of justice to these poor claimants who have lost their only son aged 9 years in the motor vehicle accident. ..... cases of the nature relating to the property or other rights and the cases where poor parents filed a claim petition for compensation for the loss of life of their only son aged 9 years in a motor vehicle accident.13. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2004(4)Raj2195; 2004(1)WLC381
..... subhash chand yadav (pw.25), who conducted autopsy on the dead body of richhpal, deposed in his cross examination that the injuries sustained by the deceased could be caused by an accident;(iv) shimbhu (pw.13) in his cross examination deposed that a decision was taken in the panchayat to give evidence against the appellants so as to get them punished. ..... 4 that the death of richhpal occurred on account of injury sustained by accident;(ii) in the written report (ex.p-4) the informant ram kumar (pw.4), the brother of deceased, wrote that he saw dead body of richhpal lying on foot-path of harsora road. ..... it was interalia stated in the report that death of richhpal could be caused either by accident or by some other reason. ..... probably it was an accident caused by a vehicle or might be some other incident;(iii) dr. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2004CriLJ3470; 2003WLC(Raj)UC105
..... it is not in dispute that vehicle has been seized in connection with an accident case. .....
Tag this Judgment!Court : Rajasthan
Reported in : II(2004)ACC428; 2005ACJ936; RLW2004(2)Raj1176; 2004(2)WLC495
..... though took a defence that the accident did not occur within the private place, but did not produce any evidence to prove the fact and even did not put any question to the claimant motilal in cross-examination that the area where accident took place was not public place and confined their cross-examination by asking whether the accident occurred in the mining area or not ..... there is a categorical finding of the tribunal that accident was caused by rash and negligent driving of the dumper, then there was no reason for the tribunal to hold the oriental insurance co ..... was also examined, was stated that the accident took place in the khuteta mining area. ..... is concerned, learned counsel for the appellant could not even dispute that bhanwarlal died in the accident and the hindustan zinc ltd. ..... the tribunal held that the accident was caused due to the rash and negligent driving of kanhaiyalal, the driver of the dumper and held that death was not caused because of any negligence of the deceased bhanwarlal ..... therefore, in view of the above reasons there is no illegality in the finding recorded by the tribunal that the non-claimants including appellant failed to prove that accident occurred in any private area.11. ..... and the place where accident occurred is not a public place, therefore, the appellant is not liable to reimburse the claim ..... these two appeals and the cross-objection of the claimant are against theaward dated 8.4.96 passed by the motor accident claims tribunal, bhilwara in claimcase no. .....
Tag this Judgment!Court : Rajasthan
Reported in : II(2004)ACC876; RLW2004(2)Raj1181; 2004(2)WLC760
..... since in all these three appeals, the question of law involved is one and the same and the motor accident claims tribunal, udaipur has decided the claim petitions by a common order dated 9.12.96, therefore, the fact of one of the claim petition will serve the purpose to understand the controversy ..... learned counsel for the parties submit that the appeals can be decided as the short pointed involved in these appeals and there is no dispute between the parties if the matter is remanded back to the learned motor accident claims tribunal, udaipur for deciding the claim petitions in accordance with law. ..... this aspect has not been examined by the learned motor accident claims tribunal while passing the impugned order passed 9th dec ..... the order dated 22nd may, 1995 passed by the motor accident claims says that the awards passed in all the three claim petitions are set aside whereas, in fact, the tribunal should have passed the order that the award passed in the lok ..... the insurance company submitted an application before the motor accident claims tribunal, udaipur stating therein that the regional officer has refused his consent for the settlement and, therefore, the matter may be taken up for deciding it on ..... this application was also allowed by the motor accident claims tribunal by order dated 22nd may, 1995 and the tribunal proceeded to decide the claim petition on merit ..... the successor judge of the motor accident claims tribunal should not have lightly observed that the order dated 22nd .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2004(1)Raj544; 2004(5)WLC18
..... rasheeda (both are major) who went abroad to earn his livelihood and for that purpose, he was working in the sultanat of oman where he died on 17.7.99 in a road accident and on the death of the deceased, an amount of rs. .....
Tag this Judgment!Court : Rajasthan
Reported in : III(2004)ACC826; 2006ACJ715; RLW2004(4)Raj2499; 2004(3)WLC440
..... on the ground that the application was filed after some delay, it is quite likely that the claim might be rejected without awarding an opportunity of fair trial and it is obvious that if the factum of accident is not proved, the whole claim will fall to the ground causing grave prejudice to the petitioner's interest which is bound to result into miscarriage of justice. ..... application on behalf of the petitioner during pendency of this proceedings was filed with a prayer that two witnesses who are eye-witnesses to the factum of accident be allowed to be examined in support of the claim of the petitioner but the same has been rejected by the tribunal against which this writ petition has ..... was resisted by the respondent-union of india on the ground that the facturn of accident in which the petitioner's husband is alleged to have died is a forged and fabricated ..... maya devi has filed a claim petition before the motor accident claims tribunal, tonk for determining the amount of compensation on account of the death of her husband shri ramesh chandra gupta who is stated to have died in a motor accident which was caused by a vehicle owned by the respondent ..... respondents has vehemently submitted that the petitioner has come up with a forged and fabricated claim and no accident involving the vehicle of the union of india at all took place. ..... however, the claim petition has been entertained by the motor accident claims tribunal, tonk in which the witnesses have been examined and the matter is still .....
Tag this Judgment!Court : Rajasthan
Reported in : II(2004)ACC379; III(2005)ACC547; 2005ACJ1101; RLW2004(2)Raj1221; 2004(1)WLC725
..... learned tribunal held that in view of the provisions of section 166(3) of the motor vehicles act 1988 (for short the 'act'), such application for compensation shall be filed within six months of the occurrence of the accident and the tribunal may entertain the application after the expiry of the said period of six months but not later than 12 months and since the present application was filed beyond 12 months of the ..... (4), the hon'ble apex court observed that the facts of the case of vinod gurudas were the appellant was injured in an accident, which took place on 22.1.1989 and the claim petition was filed on 15.3.1990 with a prayer for condonation of delay. ..... devi has preferred this appeal against the award dated 31.3.1992, whereby motor accidents claims tribunal, jaipur city, jaipur, dismissed the claim petition no. ..... in dhannalal's case (supra), the accident took place on 4.12.1990 and the claim petition was filed on 7.12.1991. ..... 20,15,000/- with the averments that bhagwan sahai died in a road accident on 8.6.1990. .....
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