Court : Rajasthan
Reported in : I(2005)ACC526
..... circumstances just mentioned above and especially taking into consideration the fact that cover note (annexure 1) was issued by the respondent on 21st december, 1989 on the basis of cheque given by the deceased and the accident took place on 25th december, 1989 the insurance company was liable or not or whether under such circumstances the respondent had rightly cancelled the cover note dated 21st december, 1989 (annexure 1) issued to the ..... ce 0800208 was handed over to the agent khandelwal on 26th december, 1989 and the accident had already taken place on 25th december, 1989 and, therefore, in no circumstance the insurance company was liable and hence the writ petition be dismissed.5. .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2004)ACC681; 2004ACJ1012; 2004(5)WLC693
..... sawai singh was the driver of the said jeep at the time of accident and the appellant fazal ali was the owner of the said vehicle. ..... looking to the age of the deceased which was 47 years at the time of accident, a multiplier of 13 was applied and rs. ..... these four appeals have been filed against the judgment dated 28.4.1998 delivered by the learned motor accidents claims tribunal, nagaur.2. ..... as pointed out earlier, the date of accident in this case was 6.8.1992 and hence, the provisions of motor vehicles act, 1988 were applicable on the date of the accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2004(5)WLC757; 2003(2)WLN587
n.p. gupta, j.1. all these four appeals arise from the same award, they are being heard together and are being decided by this common order.2. the only question argued is that the learned tribunal has wrongly decided issue no. 3 while concluding that the insurer has failed to prove that the driver was not holding valid driving license. the learned tribunal has held that the insurer has not any evidence to show that the vehicle in question was a vehicle of category other than 'light motor vehicle' as the driver was holding license for driving the light motor vehicle.3. learned counsel for the appellant was not able to point out to me any material on record from which it may be spelt out that, within the meaning of section 2(21) read with sections 2(17) & 2(47) of the motor vehicles act, the vehicle in question was not a 'light motor vehicle'.4. in that view of the matter. i do not find any ground to interfere with the impugned award.5. the appeal is, therefore, dismissed summarily.6. copy of this order be placed on the record of the other three appeals also.
Tag this Judgment!Court : Rajasthan
Reported in : 2003(3)WLN407
..... asha rani : air2003sc607 was cited, wherein hon'ble the supreme court was considering the case of accident which is covered by the provisions of motor vehicles act, 1988, prior to its amendment in 1994, and it was held that prior to the amendment of 1994 the expression 'to any person' does not cover either owner of the ..... sweep of section 147 and make it compulsory for the insurer to insure even in case of a goods vehicle, the owner of the goods or his authorised representative being carried in a goods vehicle, when that vehicle met with an accident, and the owner of goods or his representative either dies, or suffers bodily injury. ..... include the passengers in a private car, or 'private service vehicle' who are not being carried for hire or reward, so as to entitle the insurer to claim to be not liable in the event of such passengers either dying, or suffering injuries in an accident.8. .....
Tag this Judgment!Court : Rajasthan
Reported in : II(2003)ACC614; 2004ACJ1868; RLW2003(2)Raj779; 2003(2)WLC22; 2003(1)WLN512
..... administration had taken adequate precautionary measures such as erecting hand rails or gates, a severe accident like this would not have taken place, but such type of facts are missing in the present case and therewas no negligence on the part of the railway engine driver and in such circumstances, ..... case, negligence on the part of the railway administration was found proved as in that case the bus driver was from tamil nadu, he was not familiar with this place in kerala state where the accident occurred, there was no caution board or other indication to show that the road was cutting across a railway line and there were no gates or handrails to alert the passers-by and if the railway ..... in the case of asha rani (supra) absolved the insurance company for paying compensation to the owner of goods or his authorised representative on being carried in a goods vehicle when that vehicle meets with an accident and the owner of goods or his representative dies or suffers any bodily injury, but not to the case of third parly and since the passengers travelling in the truck in question should be treated as ..... present case by the driver of the truck in question and thus, the learned claims tribunal has rightly observed that the truck driver was responsible for causing the accident and not the railway engine driver and in these circumstances, the railway administration cannot be held liable. 27. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003CriLJ1995; RLW2003(2)Raj752; 2003(2)WLC461; 2003(1)WLN467
..... the case was only of an accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : II(2004)ACC120; 2005ACJ1137; 2004(5)WLC763
..... learned tribunal examined the claim petition and recordedthe findings of facts that (i) there was a negligence on the part of the driver of the truck; (ii) three persons sitting in the three-wheeler died because of accident; (iii) the vehicle was insured with petitioner insurance company; and (iv) so far as quantum of compensation is concerned, on behalf of three persons, a sum of rs. ..... this writ petition has been filed by the insurance company challenging the quantum of compensation awarded by the motor accidents claims tribunal (for short, 'the tribunal') vide award dated 31.5.1999.2. mr. v.d. ..... pb 13-2175 being driven rashly and negligently and on account of that accident, one manak chand had died. ..... the accident took place on 1.7.1995 at 7.30 p.m. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003(2)WLN581
..... , the liability of the insurance company is held to be limited to the statutory liability under section 95(2) of the motor vehicles act, 1939 towards third party in respect of the goods/properties which have been damaged as a result of the accident, the insurance company is required in the first instance to satisfy the entire claim which the owner of such goods/property is entitled to recover from the owner of the vehicle, and the insurance company, when the .....
Tag this Judgment!Court : Rajasthan
Reported in : II(2003)ACC653; 2004ACJ1907; RLW2003(2)Raj729; 2003(2)WLC711; 2003(1)WLN471
..... sweep of section 147 and making it compulsory for the insurer to insure even in case of a goods vehicle, the owner of the goods or his authorised representative being carried in a goods vehicle when that vehicle met with an accident and the owner of the goods or his representative either dies or suffers bodily injury. ..... 1- while going to haryana, boarded vehicle meant exclusively for carrying goods and not passengers and met with an accident wherein ran singh died whereas his wife sustained injuries. ..... this appeal has been filed on a very limited issue against the award of the motor accident claims tribunal awarding a sum of rs. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003(3)WLN401
..... in assessing damages in fatal accident cases, the compensation should be calculated so as to allow for the increasing cost in a depreciating currency and a judge cannot shut his eyes to the inflationary trend and the fact that the rupees has considerably gone ..... in the above accident, one dhanna ram also received injuries. ..... motor accident claim tribunal, jodhpur by which, the tribunal has awarded rs. .....
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