Court : Rajasthan
Reported in : 2003ACJ553; RLW2003(2)Raj1274; 2002(5)WLC953; 2002(5)WLN453
..... it is not the contribution towards making the payment of the award, but it is the contribution towards the accident and for this there cannot be two findings in the matter of one accident and different claims are decided by common award, therefore, the award passed by the tribunal, in the peculiar facts and circumstances of the case, is entirely different and the law laid down by the ..... for determination before the tribunal was whether there was any negligence of the driver of the truck in causing accident whereas in some of the claim petitions issue was whether there was negligence of the drivers of both the ..... that there was negligence of both the drivers of both the vehicles and both are liable equally in the claim petitions of the claimants and it was held by the tribunal that due to accident deendayal died, pannaram suffered injuries, parmaram also suffered injuries whereas babulal died and in claim case no. ..... /g0034 came rashly and negligently and hit the jeep causing accident resulting into death of six persons and injuries to several ..... if the tribunal gives a finding that there is a contribution towards the accident by the driver of the one vehicle is upto the particular extent then the tribunal cannot held that it is a case of composite negligence because it will go contrary to the finding recorded by ..... point for determination before the tribunal was whether it was a fault of the driver of the one vehicle or whether the accident occurred due to the fault of both the drivers. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2004ACJ165; RLW2003(2)Raj1289; 2002(4)WLC262; 2002(5)WLN457
..... hon'ble apex court very specifically held that when sub-section (3) of section 166 has been omitted then the tribunal has to entertain a claim petition without taking note of the date on which such accident had taken place and the claim petitions cannot be thrown out on the ground that such claim petitions were barred by time when sub-section (3) of section 166 was in force. ..... in the case of vinod gurudas raikar the claim applications as filed after a period of 12 months from the dale of accident and the claimant contended that since the accident took place when the act of 1939 was in force, the proceeding must be governed by the 1939 act and not by the act of 1988 and his right is preserved by the section 6 of the general clauses act. ..... 188/98 in which the claimant has submitted that in the accident claimant suffered several injuries resulting into paralysis of the left had and left leg and it was stated that claimant was not in position even to sit without help, the details of his inability was ..... learned counsel for the insurance company vehemently submitted that in this case accident took place on 18th dec. ..... in that case, the accident took place before the act of 1988 came into force, but the claim application was filed after the act of 1988 became operative. ..... the claim petition was filed in the year 1996 after seven years from the date of accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2004(2)Raj1064
..... according to learned counsel for the appellant the vehicle jeep involved in the accident was carrying the marriage party whereas the jeep was private vehicle and was not a taxi. ..... it is submitted that in reply to the claim petition, the appellant has pleaded that the vehicle jeep was being driven for hire and reward at the time of accident and was carrying the passengers. ..... in this case, the accident occurred on 19th june, 1992 causing death of one nabi bux. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2004(2)Raj1063
..... the appellant company has not passed any order permitting appellant-company to recover this amount from the owner of the bus and insurance company of the bus, who was found guilty for the accident and was held liable to make payment to the claimants. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003(2)WLC674; 2003(2)WLN435
..... second schedule of section 163-a of the act, which can be used as guideline for selection of multiplier in respect of fatal accident cases which provides the multiplier of 13 years purchase factor for the death of a person in the age group of above 45 years but not exceeding 50 ..... the statement of aw-1 hanja bai and salary certificate exhibit a-20 issued by the employer rseb, it is clear that on the relevant date of the accident, deceased rata ram was 49 years of age and his monthly income from salary was rs. ..... other place, learned tribunal observed that if for the sake of argument statement of aw-3 jalam singh is taken to be totally true then also from his statement it appears that on the road on which accident took place, through out the day vehicles were passing and if the accident took place, then, handle of the bicycle would have been hit. ..... this appeal is directed against the judgment and award dated 10.12.1992 passed by learned motor accident claims tribunal, bali (hereinafter referred to as 'the tribunal') whereby the tribunal awarded compensation of ..... his statement exhibit a-17 was recorded by the police on the very day of the accident, wherein he categorically stated that while the jeep was plying near the officer's colony, bali, and was near krashi mandi, a cyclist was proceeding ahead of the jeep towards ..... exhibit a-3 site map was prepared by the police soon after the accident, wherein rata ram was shown to have been hit by the said jeep at place mark 'a' due to which he fell .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(1)Raj480
..... the tribunal reached to the conclusion that the said accident was due to rash and negligent driving of both the buses by their respective drivers and accordingly, passed an award as noticed above in favour of the appellant and against the respondents. ..... 31.8.1995 passed by motor accident claims tribunal, bhilwara (hereinafter referred to as 'the tribunal'), whereby the tribunal has awarded a sum of rs. ..... due to this accident, the appellant sustained injuries on his person. ..... he filed a claim petition before the tribunal against the drivers, owners and the insurer of both the buses involved in the accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(3)WLN607
h.r. panwar, j.1. this appeal is directed against the interim award passed by the motor accident claims tribunal, sojat under section 140 of the m.v. act on the principle of 'no fault liability'. the parties agree that on the date of accident intervening night of 29-30th march, 1994, the compensation payable on the principle of 'no fault liability' under section 140 of the m.v. act, 1988 (for short 'the act') before its amendment, was rs. 25,000/-. tribunal has awarded rs. 50,000/-. amendment came into force enhancing the amount to be paid on the principle of 'no fault liability' from rs. 25,000/- to rs. 50,000/- w.e.f. 14.11.1994 and amendment is not restrospectively in operation.2. this court in national insurance company v. hira, rlw 1999 (1) raj. 368 has held that the amendment to section 140(2) of the act, which came into force w.e.f. 14.11.1994 cannot be given retrospective effect. the amendment to section 140(2) of the act is not procedural law but it is substantive law which affects right, obligations and liability already accrued to the owners of the vehicles qua the insurer on the date of accident.3. in this view of the matter, this appeal is allowed to the extent that the compensation awarded by the tribunal is under section 140 of the act is modified from rs. 50,000/- to rs. 25,000/-. record of the tribunal be returned forthwith. the tribunal to expedite the trial of the main claim petition.
Tag this Judgment!Court : Rajasthan
Reported in : 2003(3)WLN463
..... 40,000/- as compensation for the injuries caused to the claimants in the motor accident by the vehicle which is insured with the appellant.3. ..... this appeal is directed against the award of the motor accident claims tribunal, beawar dated 7.4.2000 in claim case no. 84/97.2. .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2003)ACC321
..... 40,000/- as compensation for the injuries caused to the claimants in the motor accident by the vehicle which is insured with the appellant.3. ..... this appeal is directed against the award of the motor accident claims tribunal, beawar dated 7.4.2000 in claim case no. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(3)Raj1553; 2002(5)WLC67; 2002(5)WLN426
..... record that he was a brilliant student and he would have been an earning member of the claimant and more particularly in the facts and circumstances that the appellant has lost her husband in the very same accident, her dependency would be much more at his son but for the tragic death of her son in the accident, she has been deprived of the support and contribution of her son. ..... of deceased niraj filed two separate claim petitions before the tribunal claiming compensation for the death of her husband and son, the tribunal on appreciation of the evidence reached to the conclusion that the said accident was due to rash and negligent, driving of the truck in question by its driver respondent no. ..... she further staled that her son niraj at the time of accident was about 10-12 years and was student of 5th class in adarsh vidhyamandir, balolfa. ..... chandan kaur that at the relevant time of accident, deceased poonam chand was 40 years of age and was employee of stale govt. ..... in commercial taxation department on the post of clerk and at the relevant lime of accident, has salary was rs. ..... 27.1.94 passed by learned motor accident claims tribunal, balotra (hereinafter referred to as 'the tribunal'), whereby the tribunal awarded a sum of rs. ..... due to this accident, poonam chand succumbed to injuries instantaneously and his son niraj and another occupant of scooter om prakash sustained severe injuries. .....
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