Court : Rajasthan Jodhpur
..... ).grand father and grand mother to take her mother to hospital immediately but they did not take care of her mother for treatment due to conspiracy made by them to kill anita in the garb of accident with the support of jeep driver accused kalu ram, therefore, upon statement given by none else, daughter of accused appellant pw/6 vijay laxmi @ timtim it is obvious that no error has been committed by ..... ipc and 498a ipc against the appellant brij prakash is not sustainable in law because the witness pw/6 vijaylaxmi @ timtim is tutored witness because she was only seven years of age on the date of accident, so also there is no other evidence on record against accused brij prakash nor any allegation for inflicting any injury by him to the deceased is leveled, therefore, there was no question to convict the ..... default of fine, to undergo 1 years ri as per brief facts of the case, a written report ex.p/10 was submitted by the appellant brij prakash before the police station nohar on 22.10.2005 at 11 pm in which it is stated that in an accident occurred on 22.10.2005 at 8 pm in between the way from nohar to village deidas, his wife was hit by unknown vehicle and due that hit, his wife died. ..... appellant who was on scooter with his two chidren and wife received injuries in the accident take them to the village deidas because his family members were residing in village deidas and he was alone where accident took place, therefore, it cannot be said that there was any conspiracy of appellant for .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... the claimant/appellant filed a claim petition before the learned mact, chittorgarh (tribunal) claiming compensation on account of injuries suffered by him in an accident, which took place on 07.01.2007, while he (claimant) was going with his friend to amarpura on a motorcycle, however, when they reached near turn of uttarwada, the offending jeep (rj-27-ua-0513) which was plied by its driver i.e.respondent no.1, ..... an fir no.7/2007 was also lodged of the said accident, s.b.civil misc. ..... , chittorgarh, in mac case no.181/2008 (775/2011).bherulal versus jeevraj & ors.whereby the learned tribunal has awarded compensation to the tune of rs.3,77,620/-, for the injuries suffered by the appellant in the accident. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... this appeal by claimants is directed against the impugned order dated 11.04.2000 passed by the learned motor accident claims tribunal, nimbahera, district chittorgarh, deciding mac case no.66/69 nani bai & ors.versus rajasthan state road transport corporation & ors.with the following observations:- " " " # # % & 10,92,500/- ) * ) & " / -1 " / -2 # % * 15 / % / 47 % # / s.b.civil misc. ..... to determine the said amount of rs.500/- per month sufficient for survival of the wife of the deceased, which is abysmally low, and at least an amount of rs.3000/- per month, looking to the minimum wages prevalent in the year of accident i.e.1996 ought to have been taken into account. ..... copy of this order may be sent to the concerned parties as well as the learned motor accident claims tribunal, nimbahera, district chittorgarh forthwith. (dr. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... , whereby the learned tribunal, while deciding issue no.4 against the appellant-insurance copmany had awarded the compensation of rs.3,82,200/- for the death of kursheed @ khursheed in an accident, which took place on 15/16.12.1998 at 12:30 after midnight, when the said deceased was travelling in jeep no.dl4cd0771 being driven by non-applicant no.2-farukh ali and the said jeep was owned by applicant no.1- s.b.civil misc. ..... , (2007) 5 scc428 the hon'ble supreme court clarified that swaran singh (supra) applies only in the case of third parties involved in the accident, and not the passengers occupying the vehicles for private use covered under the s.b.civil misc. ..... this appeal has been filed by the national insurance company limited, aggrieved by the award of the learned motor accident claims tribunal, churu dated 04.05.2000, deciding m.a.c case no.28/99 sahidan bano w/o kursheed & ors. vs. ..... and did not cover the risk of fare paying passenger, like deceased kursheed @ khursheed, who admittedly hired the jeep alongwith 4-5 persons for rs.200/- on the fateful day of accident on 15/16.12.1998. ..... in favour of the appellant- insurance company, while holding that the appellant-insurance company would not be liable to pay the amount of compensation determined by the learned tribunal for the death of kursheed @ khursheed in the said accident. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... appeal under section 173 of the motor vehicles act, 1988, against the order dated 21.08.2007 passed by learned judge, motor accident claims tribunal, pali in m.a.c. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... the appellant/claimant filed claim petition claiming compensation for the injuries suffered by him in an accident which occurred on 14.07.2005 at 02.00 pm while he was going from ghandhi chowk to railway station, pali on a motorcycle bearing no.rj-19m-8821 with his friend, namely, anand prakash (appellant in cma no.190/2008, decided today). ..... a copy of this order be sent to the concerned parties and the motor accident claims tribunal, pali, forthwith. (dr. ..... appeal under section 173 of the motor vehicles act, 1988, against the order dated 21.08.2007 passed by learned judge, motor accident claims tribunal, pali in m.a.c. ..... in the aforesaid accident, the claimant/appellant sustained various injuries on his body and also sustained two fractures in the elbow and tibia and fibula.3. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... the ground for rejection of the claim petition aforesaid was that earlier the claimants have filed the claim petition before the learned motor accident claims tribunal, udaipur which was rejected for want of prosecution on 27.09.2006 and, therefore, the present claim petition filed by the mother of the deceased chunni lal ..... order dated 30.11.2011, this court is of the opinion that the impugned order dated 30.11.2011 passed by the learned additional district judge (fast track) cum motor accident claims tribunal, dungarpur camp sagwara is not sustainable and the matter deserves to be remanded back to the learned tribunal for decision afresh. ..... mere application of the provisions of the code of civil procedure for guidance of the motor accident claims tribunals does not mean that the tribunals should strictly and literally construe such provisions of the code of civil procedure and prefer rejection of ..... -claimants urged that the rejection of the claim petition earlier by the motor accident claims tribunal, udaipur could not have been treated as res judicata or ..... order passed today remanding the case back to the learned motor accident claims tribunal, dungarpur for decision afresh on merits in accordance with ..... 7/15 maintaining the present claim petition before the learned motor accident claims tribunal, dungarpur where the present appellants-claimants resided and, therefore, the subsequently filed claim petition deserved to be decided on merits which the learned tribunal failed to do, .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... by the court: this writ petition has been filed by the petitioner aggrieved against order dated 20.11.2000 passed by motor accidents claims tribunal, bhilwara ('the tribunal'), whereby, the findings have been recorded against the petitioner and the tribunal has directed summoning of the petitioner for enquiry under section 340 cr.p.c. ..... in other words if the claimant injured/deceased is/was a unknown who met with a motor vehicle accident, he can file his claim before the mact (tribunal) or before the workman compensation authority but not before the both. ..... order passed is fundamentally based on inaccurate facts and, therefore, the same cannot be sustained; it is submitted that the claim before the tribunal was filed on 19.04.1997 against the offending vehicle, which was involved in the accident and against the respondent no.3 insurance company i.e. ..... jeep (on account of the said accident) against the insurance company etc. ..... it allegedly met with an accident on 15.7.96 with truck trailor no.hr-46/4318. ..... section 167 of motor vehicles act (for short 'mv act') provides option regarding claims for compensation in motor accident cases in certain cases. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... agara ram son of bhagwana ram (accused) was also coming on the same path and nagaram made an effort to save him from apprehending accident by the tractor and because of this the tractor turned and moved towards the boundary of the agricultural fields. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... the corporation shall either pay the amount of compensation by way of demand draft in favour of the claimants or deposit the same with interest as awarded, before the motor accident claims tribunal, jaipur, after deducting the amount already paid within two months from the date of receipt of a certified copy of this order. 23. ..... the two appeals above noted are directed against the same award and judgment dated 30th january, 2004, passed by the motor accident claims tribunal (essential commodity act), jaipur, in claim case no.202/2004, (manna ram kumawat vs. ..... from the undisputed facts, it is evident that there were five dependent members while the unfortunate accident occurred causing death of lal chand kumawat (deceased). ..... indisputably, the age of the deceased at the time of his death in the accident was 40 years. ..... rj-14-1c-0347, died of an accident, as the jeep was hit by bus no. .....
Tag this Judgment!