Court : Rajasthan
Reported in : RLW2003(4)Raj2675; 2003(3)WLC177
..... it is unfortunate that in the matter where the victim of the accident or the dependents of a victim who died in the motor accident, such a perverse approach had been adopted while passing orders by a judicial officer in the rank of addl. ..... in such matters, the presiding officer of the motor accident claims tribunal should not adopt the mechanical and technical approach. ..... the facts of the case in brief are that the claimant- petitioner and others filed a claim petition before the motor accident claims tribunal, alwar, claiming therein the compensation of rs. ..... the approach of learned judge, motor accident claims tribunal is wholly perverse in holding that for absence of petitioner, other claimants and their advocate no sufficient cause is furnished. ..... this revision petition under section 115 cpc is directed against the order dated 20th october 1994 passed by the learned judge, motor accident claims tribunal behror in misc. ..... accordingly, this revision petition succeeds and the order dated 20.10.1994 passed by the judge, motor accident claims tribunal, in misc. ..... 2 alwar and later on, on 28th november, 1992, the same was sent to the motor accident claims tribunal behror.3. ..... heard learned counsel for the parties and perused the impugned order of the motor accident claims tribunal.5. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003WLC(Raj)UC783; 2003(3)WLN622
..... at the relevant time, the claimant a young person of 28 years of age suffered numerous injuries on his person in the said accident which resulted in fracture of clavicle bone as also 2nd, 3rd and 5th ribs of the right side. ..... on appreciation of the evidence produced before the tribunal, it held that the said accident occurred due to rash and negligent driving of the bus by its driver respondent no. ..... these four appeals arise out of common judgment and award dated 30.12.1992 passed by the motor accident claims tribunal, jodhpur (for short, 'the tribunal' hereinafter) in mac cases nos. ..... 439/93, injured claimant munna lal sustained six injuries in the said accident, including fracture of lateral end of clavicle bone and fracture of 2nd, 3rd and 5th ribs of the right side. ..... at the time of the accident, of course, the deceased was a non-earning member being a student. ..... due to this accident, the driver of the tempo trax mohan singh, occupants rajkumar aged 19 years, smt. ..... the claimant suffered physical pain and mental agony due to the said accident. ..... basanti who was 55 years of age at the time of the accident. ex. ..... 15,000/- per annum in the case of non-earning victims of road accidents. ..... 2 marks-sheet issued by the authority of government of tamil nadu proves the date of birth of the deceased who was, thus, 19 years old at the time of the accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : II(2003)ACC327; 2004ACJ1028; 2003WLC(Raj)UC671
..... the owner pleaded that the driver was driving the bus properly and accident had occurred on account of negligence and violation of traffic rules by the deceased and the injured. ..... in the instant case deceased rakesh is found to be 20 years of age at the time of the accident and he was working with vishnu engineering works and his income has been found to be rs. ..... , jaipur, also denied its liability and pleaded that the accident had occurred on account of the mistake and negligence of the cyclist and unless it was proved that the driver was having a valid licence at the time of alleged accident, the company was not liable to pay the compensation. ..... appeals under section 173 of the motor vehicles act, 1988 (hereinafter referred to in short 'the act') are directed against the common award dated 11.10.1995 passed by learned judge, motor accidents claims tribunal, jaipur city, jaipur (hereinafter referred to in short 'the tribunal'). ..... as both the claim cases arose from the same accident, they were consolidated and after taking evidence of the parties and affording an opportunity of hearing, the tribunal passed the impugned judgment and award dated 11.10.1995. ..... were his mother, sisters and brothers which was disallowed, but the hon'ble supreme court after reappreciation of evidence of the eyewitnesses held that the truck driver was primarily responsible for the accident and awarded compensation of rs. ..... 80,000 for the death of rakesh kumar in the accident and the claimant in m.a.c. no. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003(2)WLN639
..... though, the driver has appeared in the witness box, but then he has simply disowned any accident to have taken place and has simply deposed that the victim fell on the ground, and might have received the injuries by some stone. ..... the relevant averments has simply been denied without giving out any parallel version, as to how the accident occurred.7. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2004ACJ1632; AIR2003Raj308; RLW2003(3)Raj1808; 2003(3)WLC516
..... since all the aforesaid claim petitions arose out of one and same accident and between same parties, the tribunal consolidated all the claim petitions with m.a.c. ..... on appreciation of the evidence produced by the parties, the learned tribunal held the car driver as well as the truck driver negligent and responsible for the said accident, and awarded compensation to the respective claimants as noticed above.4. ..... her husband moolchand bhai also died in the same accident and compensation has been assessed as noticed above. ..... it must be realised that the tribunal/court has to determine a fair amount of compensation awardable, to the victim of an accident which must be proportionate to the injury caused. ..... 1.6.1996 passed by motor accident claims tribunal, dungarpur (for short 'the tribunal') whereby the tribunal has awarded compensation of rs. ..... 99/94, deceased moolchand bhai, aged 44 years died in the said accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2004ACJ1840; RLW2003(4)Raj2331; 2003(3)WLC37
..... that the tribunal at the time of passing the final award will fix the responsibility of paying the entire amount of compensation including the interim amount on the concerned owner of the vehicle which caused the accident and the petitioner shall be entitled to realise this amount from the actual owner of the vehicle. ..... he filed an application for compensation before the motor accident claims tribunal, gangapurcity furnishing a certificate that he has suffered 20% injury which has caused permanent disability to him.2. ..... rj-25-1m-0052 which caused an accident as a result of which injury was sustained by the respondent no. ..... the charge sheet for this accident was also submitted against one murari lal wherein he was stated to be driving the vehicle/motor cycle which caused the accident. ..... 3 banwari lal and the vehicle was seized from the site of the accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2004ACJ1968; RLW2003(4)Raj2663; 2003(3)WLC357
..... the petitioner-insurance company will obviously be at liberty to contest the cause and nature of the accident as also the cause of death of the deceased and if after appreciation of evidence it is held that the death of deceased thawar singh did not take place on account of the injury sustained in the accident, but the cause of death was natural and not related to the injury, the insurance company can seek the relief from the tribunal for ..... an interim award has been passed in favour of the respondents-claimants on account of death of one thawar singh who died in a road accident caused by the vehicle which was insured with the united india insurance co. ..... claim petition was filed by the deceased-thawar singh on account of injury which was suffered by him, but if he has died after a lapse of few months, it cannot be inferred that the death took place on account of the accident, which he had met with the vehicle.2. ..... tribunal that although initially he had suffered grievous injury and subsequently died on account of the complications created by the injury, it is difficult to ignore the obvious conclusion that he died as a consequence of the injury suffered by him in the accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003(3)WLN616
..... these two appeals are directed against the common judgment and award dated 23.5.1997 passed by the motor accident claims tribunal, banswara (hereinafter referred to as 'the tribunal'), whereby the tribunal awarded the compensation of rs. ..... to attribute these payments entirely to the fortuitous circumstances of the accident and the resultant death is untenable. ..... their income on the relevant date of the accident from the salary was rs. ..... due to to this accident, ram lal succumbed to the injuries instantaneously while chandraveer singh succumbed to the injuries during treatment at banswara hospital. ..... the insured (deceased) contributes his own money for which he receives the amount has no co-relation to the compensation computed as against tortfeasor for his negligence on account of accident. ..... , accident, which may not take place at all. ..... therefore, it cannot be said that the pension is being received by his claimants as a result of his death by accident.8. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2004(5)WLC785; 2003(3)WLN627
..... it also includes the damages to compensate for the loss of amenities of life which varies from person to person and injury to injury as on account of injury of the disablement victim of an accident may not be able to walk, run, sit properly and may not be in a position to drive the vehicles or even may find difficulty in moving from one place to another without help ..... that is why it has been said by court that whenever any amount is determined as the compensation payable for any injury suffered during an accident, the object is to compensate such injury 'so far as money can compensate' because it is impossible to equate the money with the human sufferings ..... pain and suffering and loss of amenities of life and observed as under:it cannot be disputed that because of the accident the appellant who was an active practising lawyer became paraplegic on account of the injuries sustained by him. ..... this appeal is directed against judgment and award dated 9.4.1997 passed by the motor accident claims tribunal, rajsamand (for short 'the tribunal'), by which the tribunal awarded ..... very nature whenever a tribunal or court is required to fix the amount of compensation in cases of accident, it involves some guesswork, some hypothetical consideration, some amount of sympathy linked with the nature of disability ..... law that while fixing the amount of compensation payable to a victim of the road accident, the damages have to be assessed separately as pecuniary damages and non-pecuniary damages. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2004(2)Raj800; 2003(4)WLC234
..... under section 173 of the motor vehicles act, 1988 (for short, 'the act') is directed against the judgment and award dated 26-8-97 passed by the motor accident claims tribunal, dungarpur (for short, 'the tribunal'), whereby the tribunal dismissed the claim petition filed by the appellant- claimants (for short, 'the claimants'). ..... legislature realised that the great injustice and injury, was being occasioned to the heirs and legal representatives of the victims dying in accidents due to by rejection of their claim petitions only on the ground of limitation and, therefore, by the amendment act no ..... learned tribunal, on appreciation of the evidence produced before it, came to the conclusion that the said accident resulted due to rash and negligent driving of the bus by its driver and held him responsible therefor ..... be said that parliament realised the grave injustice and injury which was being caused to the heirs and legal representatives of the victims who dies in accidents by rejecting their claim petitions only on ground of limitation. ..... after the death due to the accident of the bread earner of the family, in many cases such claimants are virtually on ..... 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. ..... due to this accident, kana was grievously hurt and succumbed to the ..... suppose an accident had taken place two years before 14-11-1994, when sub-section (3) was omitted from .....
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