Court : Rajasthan
Reported in : 2003(1)WLN359
..... the appellant, in its reply, contended that the accident was caused by the deceased rameshwar lal who took the jeep wrong side and consequently collided with the truck.3. ..... 1 to 6 preferred a claim petition under section 166 of the motor accident claims act and prayer was made to award rs. ..... 2,385/- per month at the time of the accident and on the logic of smt. ..... his monthly salary at the time of accident, was rs. ..... 2,385/- per month, which was the amount, the deceased earned at the time of the accident. ..... necessary issues were framed and the learned tribunal found that it was the driver of the truck, who was solely responsible for causing the accident. ..... 7 praveen baxi was the owner of the said truck, which was involved in the accident. ..... the driver of the jeep rameshwar lal died on account of the injuries received during the accident. ..... this appeal has been filed by the new india assurance company limited, who is the insurer of the vehicle involved in an accident.2. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(3)Raj2015; 2003(1)WLC274
..... sort has been done, similarly it is contended that the story propounded by satpal, is not corroborated from the things found on the site in ex.p-5, inasmuch as, according to him the incident took placed on the way, while the accident is found in ex.p-5 to have occurred in the field. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(3)Raj2044; 2002(4)WLC341; 2002(5)WLN243
..... railway, (8), the court held that 'wilfully means that; the act is done deliberately and knowingly, not by accident or inadvertence, but so that the mind of the person who does the act goes with it'.9. ..... it does not take in its ambit something done by inadvertence or carelessness or negligence, ignorance or by accident, under compulsion or circumstances beyond control of a human being (vide ramchandra narasimha kulkarni v. ..... 'wilful' means that the act is done deliberately and not by accident or inadvertence. .....
Tag this Judgment!Court : Rajasthan
Reported in : II(2003)ACC244; 2004ACJ1586; RLW2003(3)Raj2071; 2003(1)WLC468; 2003(1)WLN41
..... considering the scope of maxim res ipsa loquitur court held that the principal function of the maxim is to prevent injustice which would result if plaintiff were invariably 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 plaintiff and often within the knowledge of the defendant. ..... section 165(1) of the act provides that the state government may, by notification in the official gazette, constitute one or more motor accidents claims tribunals (hereafter in this chapter referred to as claims tribunal) for such area as may be specified in the notification for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of motor vehicles, or damages to any property of a third party so arising, ..... the driver, owner of insurer of the offending bus to place before the tribunal the best evidence available and the driver of the offending bus is the best evidence to narrate the manner in which the accident took place and if the refrains form doing so, that would only be on the period of an adverse inference being drawn against him.18. ..... the offending bus was driven at a great speed, rashly and negligently knocked down the deceased and in that situation the accident speaks its own story and in absence of proper explanation on the part of the driver of the bus maxim 'res ipsa loquitur' is .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2004(2)Raj1244; 2003(1)WLC18
..... inasmuch as, if the deceased died either by burn injures, or on account of suffocation (asphyxia) due to fire, perhaps the appellant may have something to argue about the incident being an accident, while if the deceased had died of asphyxia prior to breaking out of fire, then in the above circumstances, it would be clear that she was done to death, and thereafter she was set ablaze. .....
Tag this Judgment!Court : Rajasthan
Reported in : [2003]46SCL31(Raj)
..... lastly a defence has been taken that on account of negligence committed by the company (in liquidation) by not registering the vehicle and by not getting it insured in an accident one ram gopal filed a claim case before the mact tonk on 16-10-1996 which was registered as claim case no. ..... the accident would have been there much after taking of the delivery of the tractor and trolley. .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2003)ACC462; 2004ACJ1260; 2003(1)WLC427; 2003(2)WLN180
..... the cyclist was hit from behind by the jeep and after the accident, the driver of the jeep reversed the jeep and then fled away with the jeep. ..... but instead of that, i consider it appropriate to compute the compensation on the basis of evidence which had been led by the parties before the tribunal, the claimants pleaded in the claim petition that at the relevant time of accident, deceased charanjeet singh was a young person of 28 years having monthly income of rs. ..... this appeal is directed against the judgment and award dated 23.3.1994 passed by the motor accidents claims tribunal, sri ganganagar (hereinafter referred to as 'the tribunal') in civil misc. ..... 1 and 2 cannot be sustained and is set aside and i hold that the said accident was result of rash and negligence of the jeep driver, respondent no. 2.13. ..... it is not the case of the respondents that at the relevant time of accident this witness was with the driver of the jeep or the occupant of the jeep. ..... any person, proceeding ahead, can well be noticed by the driver of the vehicle coming from behind and in such eventuality there cannot be an accident without being negligence on the part of the driver.12. ..... had they seen the accident, they would have promptly lodged the report soon after the accident and on these premises, the tribunal preferred the evidence of defence witnesses dw 1 bhanwar lal meena and dw 2 nagender singh, who are wholly interested witnesses. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003(1)WLN357
..... these two appeals have been filed by the national insurance company against an award passed by the motor accident claims tribunal, pali dated 1.3.2002.2. ..... the claim petitions were opposed by the insurance company, apart from other grounds, on the ground that the driver of the vehicle kuldeep singh was not holding a valid driving licence at the time of accident.3. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003(1)WLN350
..... the learned counsel for the appellants has argued that it was the deceased who was guilty in causing the accident and the learned tribunal fell into error in not believing the testimony of the driver shanker lal. ..... 8, shanker lal, with the allegation that shanker lal was responsible for causing the accident, on account of his rash and negligent driving of the bus. ..... it is not in dispute that on 9.8.1999, the deceased pemaram, while on his two-wheeler, met with an accident on osian to jodhpur road and was fatally injured. ..... this appeal has been filed on behalf of the rajasthan state road transport corporation, feeling aggrieved by an award dated 26.3.2002, by the motor accident claims tribunal, jodhpur.2. ..... it was found by the learned tribunal that the bus driver--shanker lal was solely responsible for the accident and it was not accepted that the deceased himself contributed towards the accident. ..... needless to say that in the case of jyoti kaul, the deceased was to retire within 8 years the date of the accident. ..... his deposition is to the effect that he was travelling, as a passenger, in the bus and it was the bus driver who was rash and negligent in driving the bus and was solely responsible for the accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2003)ACC163
m.r. calla, j.1. the appellant has challenged the quantum of compensation awarded by the motor accident claims tribunal. the learned single judge has considered the factum of accident and it is also an admitted position that the deceased ashok kumar gupta was 36 years of age at the time of accident, was working as manager in the j.k. cement. his total emoluments were rs. 23,969/-. multiplier of 14 has been applied and on that basis after taking note of the dependency, the compensation has been granted.2. learned counsel for the appellant submits that in the total emoluments of deceased ashok kumar gupta, certain items e.g. allowances, reimbursement of conveyance expenses etc. could not be included. even if it is accepted that such minor items should not have been included, we find that it is not a fit case for interference and there is no question of challenge to the compensation awarded unless there is sufficient reason. there is no force in this appeal. it is hereby dismissed. the ad interim order dated 11.2.2002 ceases to be operative forthwith.
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