Court : Rajasthan
Reported in : 1979WLN224
..... it is often a valuable servant, but a dangerous master to follow in the construction of statutes or documents the exclusion is often the result of inadvertence or accident, and the maxim ought not to be applied, when its application, having regard to the subject-matter to which it is to be applied, leads to inconsistency or injustice.29. ..... the regional inspector enquired into the cause of the accident and gave the delinquent an opportunity for explanation. ..... he handed over an explosive to an unskilled hand, who fired it and an accident occurred resulting into injuries to one employee. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1979WLN241
..... even according to the accused it was not a cast of accident on account of any mechanical failure or negligence by him. ..... the locality where the accident took place is also crowded in as much as 'here are hotels and a petrol pump in it, and, therefore, there is no likelihood of the truck climbing by mistake ever the 'chabutra', which is considerably removed from the road, unless there .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1979Raj162
..... has submitted that no material has been placed on the record for assessment of the damages and the mere fact that the respondent was 14 years old and studying in the school at the time of the accident and that his left leg had to be amputated does not warrant award of exemplary damages to the tune of rs. ..... corporation, ahmedabad (air 1978 guj 134) (supra) where a boy aged about 15 years received multiple injuries in the course of the accident and his right leg was fractured and he was limping on account of the shortening of the leg by 1/2 cm. ..... air 1976 kant 146) (supra) a 10 year old boy who happened to be sitting on the road side was involved in the accident by a motor car as a result of which the right leg of the boy above the knee had to be amputated. ..... 55,000/- be paid to the respondent shivprakash as damages on account of the injuries caused to him in the course of an accident, which took place on 25-7-1968 in the city of jaipur, while the said respondent was being carried on the carrier of a cycle driven by ..... member of the tribunal held that it was due to the rash and negligent 'driving of the vehicle that the accident took place and, therefore, the respondent is entitled to get compensation. ..... in this connection, it may be pointed out that the accident took place on 25-7-1968 and the award was given by the tribunal on 27-10-1971, but no pendente lite or future interest ..... in the present case, the boy was aged 14 years at the time of the accident and was reading in 6th class. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1979WLN486
..... that no material has been placed on the record for assessment of the damages and the mere fact that the respondent was 14 years old and studying in the school at the time of the accident and that his left leg had to be amputated does not warrant award of examplary damages to the tune of 50,000/. ..... appeal by the owner of the vehicle and the insurance company under section 110d of the motor vehicles act, 1939 from the award dated 27th october, 1971 by the member, motor accidents claims tribunal, (district judge), jaipur city' jaipur, whereby the learned member directed that an amount of rs. ..... 55.000/- be paid to the respondent shivprakash as damages on account of the injuries caused to him in the course of an accident, which took place on 25-7-1968 in the city of jaipur, while the said respondent was being carried on the carrier of a cycle ..... (supra), where a boy aged about 15 years received multiple injuries in the course of the accident and his right leg was fractured and he was limping on account of the shortening of the ..... (supra), a 10 year old boy happened to be sitting on the road side was involved in the accident by a motor car as a result of which the right leg of the boy above the knee had to be amputated after making a reference to a few decided cases, the learned judges came to the conclusion that ..... the tribunal held that it was due to the trash and negligent driving of the vehicle that the accident took place and, therefore, the respondent is entitled to get compensation. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1979WLN369
..... of the present case, that the truck-driver was guilty of rash & negligent driving it is unfortunate that subhash chandra, who was driving the motor cycle, expired on account of the injuries caused in the course of the accident, but for that reason alone, the accused cannot be held guilty of the offence of rash and negligent driving.5. ..... a perusal of the site-inspection note as well as the photograph taken after the accident and duly proved by the prosecution makes it clear that the truck, after the accident, had swerved deep on the left side and the motor cycle was lying near the truck. ..... the only point for consideration by this court is whether from the evidence of vishram, it can be inferred that the petitioner was guilty of rash and negligent driving, on account of which the accident took place. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1979WLN270
..... from the place of the accident goes to show that the truck was not being driven at a very high speed, but it was at a normal speed on an open road where there was neither any bus stand, nor habitation. ..... in the matter of accidents, it is usually a tendency of each party to throw the blame on the other, but the court has to see whether from the facts proved, an inference of negligence or rashness on the part of the driver can be drawn.5. ..... it is common knowledge that if a person suddenly crosses the road, the truck driver, however, cautiously he may be driving in cross' country, may not be in a position to save the accident. ..... it appears that the driver had applied the brakes and that is why the truck stopped within 30 ft of the place of accident. ..... from the place of accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1979WLN(UC)134
..... 1954 ail england reports 324 one of the standards of the scaffolding erected on the building was out of the vertical, which was the breach by the defendant but the real cause of the accident that is the plaintiff's sustaining injury, was his own negligence in employing an unsuitable method of trying to correct the fault. ..... it was in those circumstances that it was held that neither the breach of statutory duty nor the failure of the foreman to warn the plaintiff of the fault contributed to the accident, and therefore, the defendants were not liable. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1979WLN769
..... the accused petitioner who was driver of the said truck did all that was possible even to avoid the accident and ganga was knocked down by the side of the truck simply because some body is knocked dawn by a while and at a result thereof dies, it cannot be said that the accident was the result of rash or negligent driving of the truck by its driver. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1980Raj78
..... 11 and 12 was rejected on the ground that the appellant could not substantiate his case to that effect and also because the interval of 5 years between the accident in the year 1962 and the order for medical examination in the year 1967 was such a long, period that the accident which took place while taking the luggage of kuldeep bhatia cannot be connected with the order passed in the year 1967. ..... during that trip the vehicle met with an accident on the way to palanpur and y. p. ..... in the year 1962, while he was posted at suratgarh the vehicle which he was driving met with an accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1979WLN(UC)425
..... bheema even after a delay of 15-20 days filed a report ex.d.2 in the police alleging that lala died as a result of an accident. .....
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