Court : Rajasthan
Reported in : 2003(2)WLN593
..... and negligent driving of a vehicle is no doubt a criminal offence for which a driver is liable for prosecution but to contend in a claims case without evidence that the driver was negligent in driving the vehicle which caused the accident, would be outrageous for if this arguments were to be accepted, under no circumstance any insurance company can ever be held liable to pay the amount of compensation.3. ..... the proceedings before a claims tribunal is summary in nature and the strict rules of evidence and procedure may not be insisted upon yet if evidence regarding contributory negligence on the part of the driver which caused the accident is totally missing, the appellate court cannot be expected to enter into a scrutiny of the same. ..... it also cannot be denied that an accident in most cases takes place accidently by force of circumstance and hence no intention can be attributed to the driver that he caused the accident deliberately so as to exonerate the insurance companies from paying the amount of compensation unless specific plea of contributory negligence against the driver is raised and proved. ..... challenging the award dated 26.5.2001 passed by the motor accident claims tribunal, kotputali, district jaipur by which an amount of rs. ..... yet if the accident took place, it cannot be held that the driver of the vehicle was grossly negligent so as to exonerate the insurance company from paying the amount of compensation. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003ACJ701
..... the only ground of challenge to the impugned award is that although the appellant was aged 16 years only at the time of accident his right leg is shortened by 1 3/4 inches due to which he is neither able to stand straight nor sit normally and obviously there is impairment in his ability to walk properly. ..... 74,000 (rupees seventy-four thousand) only has been awarded to the claimant-appellant on account of injury sustained by him on his right leg due to the accident caused by the bus owned by the rajasthan state road transport corporation (for short 'r.s.r.t.c.'). ..... the factum of accident is not under challenge either at the instance of the r.s.r.t.c. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2004ACJ599; 2003WLC(Raj)UC207
..... 1,59,500 (rupees one lakh fifty-nine thousand five hundred) has been passed in favour of the claimants-appellants who are the dependants of the deceased gangaram who had died as a result of the accident caused by the vehicle bearing no. .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2003)ACC406; RLW2003(4)Raj2610; 2003(1)WLC104
..... the claimants-appellants herein are the parents of the deceased-shankar lal was died as a result of the accident caused by the motor vehicle which was insured with respondent no. ..... on perusal of the impugned awarded it appears that the motor accident claims tribunal has not analysed any evidence in regard to the earning potentiality of the deceased, although oral evidence was led to the effect that he was in the job of carrying excavated soil on the mule and .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(2)Raj790; 2002(3)WLC576; 2003(2)WLN597
..... is considered in the light of the discussion incorporated in the order of the tribunal, it appears to be correct that no evidence was led by the haryana roadways regarding the fault of the scooter driver and the claimants in causing the accident as no cross examination has at all taken place in regard to this fact. ..... thus, once the factum of the accident was proved and the identity of the vehicle causing the accident was accepted as correct, the tribunal was legally bound to decide the quantum of compensation regarding the injuries sustained by the claimant taking into account the plea of contributory negligence on the part of the scooter driver ..... thus, the finding of the tribunal in regard to factum of accident caused by the aforesaid vehicle is not fit to be interfered with. 6. ..... the quantum of compensation therefore, will have to be decided by the tribunal and for this purpose the matter is remanded to the motor accident claims tribunal, jaipur in claim case no. ..... hr-1-a-427 which is the bus owned by the haryana roadways is alleged to have caused the accident, there was some initial doubt about its involvement, but a finding thereafter was recorded in favour of the claimants to the effect that the accident was caused by bus no. ..... the tribunal while analysing the evidence in the accident although initially had some doubt about it since one of the eye witnesses was dis-believed, it ultimately accepted the position that the accident infact occurred on 21.10.93 by bus no. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002CriLJ3514
..... the prosecution was under an obligation to prove that the sole reason for the accident was the rash and negligent driving on the part of the person, who was driving the vehicle. ..... the witnesses have proved that the accident did take place but they have not been able to prove that there was any rashness and negligence on the part of the driver.11. ..... from his testimony, the factum of accident may be believed but it does not disclose any negligence or rashness on the part of the driver. ..... learned trial court believed the story of accident and the factum of death of tariya. ..... he has stated that the accident took place at about 4.30 p.m. ..... whereas, admittedly, the time of the accident was about 12.30 p.m. ..... it appears that he was in the trolley and was unaware as to how the accident took place. ..... however, this witness also appears to be unaware about the reason of the accident. ..... pw3 ganesha claims that he was travelling in the trolley and tariya died due to accident. ..... he also believed the fact that the accused-respondent was the driver of the said tractor at the time of accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(2)Raj1009; 2002(3)WLN415; 2002(3)WLN415
..... . thereafter a rumour spread in the village that the deceased did not the because of the accident, but he was murdered by the accused petitioners and, therefore, he filed that complaint on 29.10.2001 ..... . the accused petitioner jugal kishore further informed that the deceased died because of accident of jeep and at that time the jeep was being driven by the deceased ..... in the morning he received an information that the deceased had met with an accident and thereafter brother of deceased raju ram and some other persons reached hospital where accused petitioners were also there and accused petitioner jugal kishore soni told prahlad ram that the accused .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(3)WLN598
..... a mukkaddam or kotwar cannot be convicted under section 45 of the criminal procedure code for an omission to make a report of a sudden accident or suspicious death if he honestly believes that there was no necessity for him to make the report and the view held by him is a reasonable view.17. ..... there is no provision under section 134 of the motor vehicles act making it compulsory for public or doctor to inform the police about a motor vehicle accident.thus, section 176 of i.p.c. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2004(2)Raj1060
..... according to learned counsel for the appellant, the deceased tulcha ram himself was responsible for the accident and, therefore, no amount can be awarded to the legal representatives of tulcha ram. ..... it is also stated that tulcha ram tried to save the accident by keeping his jeep in the side of the road, but the bus driver could not control his bus because of the fact that he was driving the bus very rashly and with fast speed. ..... it is relevant to mention here that the six claim petitions were filed due to this accident dated 14th sept. ..... the appellant has preferred the appeal challenging the award dated 31st may, 1996 passed in motor accidents claims case no. 20/90. ..... the naw-1 stated that jeep came in front of the bus from 2 km distance, he also stated that while giving side to the bus, the jeep driver again came on the road and, therefore, this accident occurred. ..... he stated that it was the negligence of the jeep driver and, therefore, the accident occurred. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(2)Raj1153; 2002(5)WLC639; 2002(5)WLN572
..... and accused shaukat ali for offence under section 94/125 of the motor vehicle act inter alia holding:i) at the time of accident the car in question was being driven by the accused petitioner rashly and negligently as this fact is very much established by the site plan ex.p/6 & p/6a apart from other ..... , but since in the present case, the present accused petitioner is not a professional driver and after the accident, the stopped the car and did not try to run away from the scene and further more, he himself took the deceased to the hospital, all these factors compel the conscious of this ..... learned trial magistrate in his judgment at page 6 has clearly discussed this aspect and, he has come to the conclusion that at the time of accident, the car was being driven by the accused petitioner rashly or negligently and that is why the accident took place on the wrong side of the car.17. ..... place 'a' is on the right side of car and at the end of the road which clearly reflects that the accident took place on the wrong side. ..... site plan ex.p/6, it is also stated that the accident took place at place a and the vehicle after the accident went upto place 'b'. ..... ii) that the accused petitioner caused accident after diving his car on wrong ..... present case, both the courts below have concurrently held that the accused petitioner was driving the vehicle in question at the time of accident and that the accused petitioner was driving the vehicle rashly and negligently, as a result of which, accident took place. .....
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