Court : Rajasthan
Reported in : RLW2004(1)Raj336
..... an accident is stated to have taken place in village teekli, which is stated to be at a distance of about 14 km from gurgaon. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003(3)WLC273; 2003(3)WLN31
..... the learned judge also held that as the accident in question was due to composite negligence of the driver of the corporation's bus as well as the truck driver and, therefore, for the negligence of joint tort feasor the claimant was entitled for compensation from both or ..... in an application for compensation under the motor vehicles act the question of rashness and negligence is a matter of inference to be drawn from the circumstances leading to accident, the manner in which the accident occurred and other relevant facts. .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2004)ACC756; 2005ACJ873; AIR2004Raj60; RLW2004(2)Raj1123
..... in a case of compensation for death in motor vehicle accident cases, the tribunal, in appropriate case, may direct the claimant for investment to safeguard the feed from being frittered away by the beneficiaries owing to illiteracy, ignorance and ..... vth additional district judge/motor accident claims tribunal, gorakhpur, (1998) 1 tac 450 (all), wherein it was held that the direction to deposit the amount of compensation in some nationalised bank for a long term is not sustainable when the ..... rise to the instant writ petition are that petitioner's son sumer singh died on 22-6-1973 due to motor vehicle accident which took place on 21-6-1973. ..... of india, which is the owner of the vehicle which caused accident, deposited a sum of rs. ..... 3, the motor accident claims tribunal, jodhpur (for short, ..... the judge, motor accident claims tribunal, i.e. ..... hon'ble supreme court, reiterating the view taken by the apex court in union carbide corporation's case (supra), observed that the guidelines should be borne in mind by the tribunal in the cases of compensation in accident cases. ..... motor accident claims tribunal, rajsamand, (1997) 1 raj lw 169 : (1997 aihc 1417) this court held that there is a fundamental distinction between imposition of restriction on the use of property and deprivation of a person ..... motor accident claims tribunal, kurukshetra, 1997 acc cj 445, wherein the punjab and haryana high court held that when the claimant is major, it was her choice either to deposit the money in a bank or receive .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2004(1)Raj185; 2003(4)WLC742
..... in a claim petition filed before the motor accident claims tribunal, kota, ex parte proceedings were drawn against the petitioners on 29.11.1995. ..... (1)' transport and accidents cases page 26), writ petitions under article 226/227 of the constitution are not maintainable in such matters. .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2004)ACC804; 2005ACJ803; RLW2004(2)Raj1169; 2004(1)WLC177
..... the question about applicability of section 140, i may gainfully quote the relevant part of section 140, being section 140 which reads as under:-'(1) where death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or, as the case may be, the owners of the vehicles shall, jointly and severally, be liable to ..... chapter xii of the motor vehicles act, shows that thereunder, under section 165, the claims tribunals are established for the purpose of adjudicating claims for compensation, in respect of accidents involving death or bodily injury to the persons 'arising out of the use of motor vehicles, or damages to any property of a third party so arising, or both'. ..... in other words, it is only, in cases where the claimants contends a casual connection, between the accident, and the use of the motor vehicle, then only the provisions of section 3(1) of the motor vehicles act, may be invoked, before ..... section 3(1) of the workmen's compensation act, reads as under:-'(1) if personal injury is caused to a workman by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in ..... it attracts the liability for payment of compensation on the owners of the motor vehicle or motor vehicles as the case may be in the event of death or permanent disablement resulting 'from an accident arising out of the use of a motor vehicle or motor vehicles',5. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003CriLJ4768; RLW2004(1)Raj114
..... 9 which happened to be an incised wound, other injuries may be caused in an accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : II(2004)ACC170
..... the claimant-appellant has filed this appeal for enhancement against the award dated 22nd november, 1994 whereby motor accident claims tribunal, jaipur city, jaipur allowed a sum of rs. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003(3)WLN644
..... the present appeal has been filed by the corporation, against the award of motor accident claims tribunal, bali, dated 15.7.1999, decreeing the claim for a sum of rs. ..... from the material available on record, it is established that in the accident, the right hand of the claimant was severed from the body. ..... the accident relates to 26.5.1998, and the claimant has produced various bills, about purchase of medicines, expenses incurred in lodging boarding, and travelling, in connection with the accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2004)ACC160; 2005ACJ680; 2004(1)WLC321
..... a look at sub-section (6) of section 158 of motor vehicles act, 1988 (for short '1988 act') demonstrates that as soon as any information regarding any accident involving death of or bodily injury to any person is recorded or report under this section is completed by a police officer, the officer incharge of the police station shall forward a copy of the same within thirty days from the ..... the claimant in the instant writ petition has impugned the order dated 28.11.2002 passed by the learned judge, motor accidents claims tribunal, dausa whereby the claim application of the petitioner was dismissed summarily by the learned tribunal on the ground of non-prosecution ..... a result of above discussion, i allow the writ petition and set aside the impugned order dated 28.11.2002 and remit the case back to the learned motor accidents claims tribunal, dausa, to proceed with the claim application after serving the notices on the opposite party. ..... sub-section (4) of section 166 of 1988 act provides that claims tribunal shall treat any report of accident forwarded to it under sub-section (6) of section 158 as an application for compensation under 1988 act ..... appears that pf and notices were not filed by claimant and on this ground learned motor accidents claims tribunal, dausa taking harsh view dismissed the claim application.3. ..... learned counsel for claimant-petitioner if desires, may appear before the learned motor accidents claims tribunal, dausa on 18.9.2003 to seek further instruction in the matter .....
Tag this Judgment!Court : Rajasthan
Reported in : II(2004)ACC655; 2005ACJ29; AIR2004Raj39; 2005(1)KLT828; RLW2004(3)Raj1454; 2004(1)WLC339
..... brij mohan das's case (1996 wlc (raj) uc 1) (supra), it has been held that the motor accident claims tribunal is having trappings of a court but is not a civil court. ..... (ii) the jurisdiction of the civil court in the matter of motor accident claims has been excluded by section 175 of the act. ..... elaborating the contention, it is submitted that a motor accident claims tribunal not being a civil court, restrictions provided under section 100a of the code of civil procedure are not attracted. ..... even without reference to section 100a, there has been a controversy with respect to maintainability of the special appeal against the judgment of a learned single judge in a motor accident claim case. ..... (i) the presiding officers of the district court are appointed as members of the claims tribunal by a notification of the state government for deciding the cases of motor accident claims. .....
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