Court : Rajasthan
Reported in : RLW2003(4)Raj2635; 2002(5)WLC682; 2003(2)WLN17
..... this appeal is directed against the judgment and award dated 23.02.1996 passed by the learned motor accident claims tribunal, sojat (camp jaitaran) (in short, referred to hereinafter as 'the tribunal') in case no. ..... . in that case, the limit of liability of the insurance company in respect of any one accident or series of claims arising out of the event was s ..... the vehicle involved in the accident was carrying passengers for hire and, therefore, the liability of the appellant has to be fixed in terms of the premium charged per passenger in view of the express provisions of section 95(2)(b)(ii) of the act of 1939. ..... briefly stated, facts to the extent they are relevant and necessary for the decision of this appeal are that on 7.1.1987 an accident occurred at about 8.30 p.m. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(1)Raj693; 2002(5)WLC399
..... appeal was preferred by the appellant-commandant 7th battalion rac bharatpur against an award passed by the motor accident claims tribunal bharatpur in favour of the respondents for rs. ..... a fit case where the appeal should be restored ignoring such gross latches and delay in pressing the appeal which was directed against indigent persons being the widow and children of the victim of the accident late-shri mahaveer singh. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(1)Raj690
..... the materials on record that it was the insured who had wilfully violated the condition of the policy by allowing a person not duly licensed to drive the vehicle when the accident took place, the insurer shall be deemed to be a judgment-debtor in respect of the liability in view of sub-section (1) of section 96 of the act.'9. ..... these eight appeals are directed against the common judgment and award dated 30.03.2001 passed by the learned motor accident claims tribunal, pali (in short, referred to hereinafter as 'the tribunal') whereby the tribunal has awarded compensation to the claimant-respondents against respondents bhima mehra and chandubha, owner and driver ..... it has been contended by learned counsel for the appellant that the driver of the truck involved in the accident was holding a fake and forged driving licence and, therefore, the appellant insurance company cannot be held liable ..... (1), the hon'ble supreme court held as under:'evidence of inspector of police who investigated the accident stated that the driver did not produce the licence is not sufficient to discharge the burden which was ..... insured committed a breach of the terms and conditions of the insurance policy by allowing a person to drive the vehicle involved in the accident who did not possess a valid driving licence. ..... interpreting the contract of insurance, the tribunals and courts have to be conscious of the fact that right to representatives of the victims of the accident is not defeated on technical grounds. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(4)Raj2590; 2002(5)WLC914; 2002(5)WLN257
..... witness dilip lakhotia was entrusted with the responsibility of investigation into the matter of there being or not being valid driving licence with the driver hanif khan at the time of accident and, as is evidently clear, this witness admitted that his report is based on the record of the criminal case and he did not make any enquiries at the rto office, udaipur not the ..... on the material on record that it was the insured who had wilfully violated the condition of the policy by allowing a person not duly licensed to drive the vehicle when the accident took place, the insurer shall be deemed to be a judgment-debtor in respect of the liability in view of sub-section (1) of section 96 of the motor vehicles act. ..... arriving at the finding that the insurance company has sufficiently discharged its onus to prove that the driver hanif khan was not having a valid driving licence at the time of the accident and, therefore, the insured owner committed a wilful breach of the terms and conditions of the insurance policy. ..... filed by the owner of the defaulting vehicle is directed against the judgment and award dated 26.05.2001 passed by the motor accident claims tribunal, udaipur (for short, referred to hereinafter as 'the tribunal') whereby the tribunal awarded a sum of rs ..... issues on the questions of its liability in the face of objection raised by it and the fact that the driver of the offending vehicle was not having a valid driving licence at the relevant time of accident on 19.03.1996. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003(3)WLN408
..... rajendra kumar goydani, who stated that the injuries mentioned in post mortem report exhibit-7 could be caused by vehicular accident aw-3 gulam khan has no axe to grind by speaking against the driver of the jeep as he is not related to even the deceased and the claimants and, therefore, he is absolutely an independent and disinterested person.10. ..... this appeal is directed against the judgment and award dated 17.3.1999 passed by the motor accident claims tribunal, jaisalmer, (hereinafter referred to as 'the tribunal') whereby the tribunal dismissed the claim petition filed by appellant claimants (for short 'the claimants') under section 166 of the motor vehicles act, 1988 (for ..... 1 cannot be sustained and is set aside and accordingly, i hold that the said accident resulted due to rash and negligent driving of the jeep by its driver respondent rajendra kumar resulting in the death of gordhan ram.11 ..... this witness could not exactly see how the accident took place because he was at a little distance and more so, happening of the accident is within knowledge of the driver of the jeep or the occupant of the vehicle ..... this witness categorically stated on oath before the tribunal that when the jeep met the accident at that time he was coming from bheekhampur road and he saw the accident while he was coming downwards of the slope. ..... thus, it was established that at the relevant time of the accident, the deceased was occupant of the said jeep and he fell down from the jeep and died on the spot.7 .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003ACJ1982; 2002(4)WLC271
..... the learned tribunal below found that the accident was due to rash and negligent driving of the jeep by the respondent no. ..... the accident took place on 18.5.1975 and at that time also the bus was insured in the name of the transferor. ..... the accident took place on 2.12.1995. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(3)Raj1898; 2002(5)WLC142; 2002(5)WLN407
..... rajasthan, 1974 acj 296 (sc) the hon'ble supreme court held as under:'the principal function of the maxim is to prevent injustice which would result if a plaintiff were invariable compelled to prove the precise cause of the accident and defendants responsible for it, even when the facts bearing on the matter are at the outset unknown to him and often within the knowledge of the defendant the maxim is based on common sense and its ..... however, the insurance company claimed exoneration from the liability on the ground that the insured has not informed the insurance company regarding the said accident and as such, violated the terms and conditions of policy, the insurance company restricted its defence as provided in sections 147 and 149 of the motor vehicles act, 1988 (for short 'the act' ..... and notwithstanding anything to the contrary, contained in section ii-1 (c) it is hereby understood and agreed that the company will indemnify the insured against his legal liability other than liability under statue (except fatal accident act, 1855) in respect of death or bodily injury to any person not being an employee of the insured not carried for hire or reward. ..... of the driver, owner or insurer of the offending jeep to place before the tribunal the best evidence available and the driver of the offending jeep is the best evidence to narrate the manner in which the accident took place and if he refrains from doing so, but only on peril of an adverse inference being drawn against him.10. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003(1)WLN352
..... the driver, owner or insurer of the offending vehicle to place before the tribunal the best evidence available and the driver of the offending vehicle is the best evidence to narrate the manner in which the accident took place and if he refrains from doing so, that would only be on the peril of an adverse inference being drawn against him.12. ..... view of the matter, an adverse inference against the driver of the offending truck has to be drawn holding him negligent for the said accident and, therefore, i have no hesitation in affirming the finding of the tribunal on the point of negligence.13. ..... investigation, the police also reached to the conclusion that the said accident was due to rash and negligent driving of the truck by its ..... was pleaded and proved by the claimants that at the relevant time of accident, deceased was 40 years of age, which further finds corroboration from ..... thereafter, it is for the defendant driver or the owner to establish that accident happened due to some other cause and the driver of the vehicle was ..... devi wife of deceased nana lal it has been established that the deceased was 40 years of age at the time of accident and he was employed as class-iv in irrigation department of state of rajasthan. ..... the fir clearly goes to show that the said accident was caused due to rash and negligent driving of the truck by its driver respondent ..... of section 163-a provides the appropriate multiplier in the case of fatal accident in respect of the victim of the different age group. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003(1)WLN339
..... 10.7.2001 passed by learned motor accident claims tribunal, bikaner (hereinafter referred to as 'the tribunal') whereby the tribunal awarded compensation of rs. ..... deceased biru ram, a minor aged 15 years died in the accident, which was caused by truck no. ..... the tribunal reached to the conclusion that the claimants have failed to establish any income of the deceased on the relevant date of accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(3)Raj1959; 2003(1)WLC286
..... thus, matter was investigated by the police promptly and soon after the accident, site map ex.4 and site inspection note was prepared, wherein the said truck is shown to be on extreme wrong side of the road and the motorcycle lying under the wheel of the truck, which ..... the criminal case, police found the driver negligent of the said accident and accordingly filed the charge- sheet ex.1 against respondent truck driver. ..... being asked, the driver of the truck disclosed him name to be mahendra accident, he went to sanderao police station and lodged the first information report ..... sher singh at the site of accident has not been doubted. ..... 21.10.1995 passed by learned motor accident claims tribunal, bali (hereinafter referred to as 'the tribunal'), whereby the tribunal awarded ..... appreciation of the evidence, reached to the conclusion that the driver of the offending truck was solely negligent for the said accident and accordingly, the tribunal held the respondent mahendra singh negligent for causing the said accident.7. ..... fir was lodged- of this accident giving the details of the accident. ..... due to this accident, ugam singh and pillion rider parbat singh both ..... the learned counsel the insurance company that the deceased ugam singh himself was contributory negligent for the accident in question. ..... produced by the claimants, i am of the considered opinion that the finding recorded by the tribunal is based on legal evidence and on sound reasoning holding the truck driver negligent for the said accident. .....
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