Court : Rajasthan
Reported in : 2002ACJ1142
..... award is challenged by the insurance company to the effect that after giving the finding that the accident had been caused because of the negligence of the truck driver and because of the deceased himself being negligent, the insurance company cannot be ..... assuming the finding of the tribunal to be correct to the effect that the accident had been caused due to negligence of the driver of the truck who had died in the accident, but still the liability of the insurance company and the owner of the truck is not lessened because of the provisions of ..... had given a finding to the effect that the accident had been caused due to the negligence of the ..... rita devi, 2000 acj 801 (sc), the high court had come to the conclusion that there was no motor accident as contemplated under the act and the case was that of murder and not of accident, therefore, no petition for compensation was maintainable. ..... aws 3 and 4 have stated that the accident had been caused on account of the negligence of the driver of the jeep whereas naw 1 and naw 2 had deposed that the accident had been caused because of the sole negligence of the ..... has been preferred by the insurance company challenging the award of the motor accidents claims tribunal, neem ka thana (sikar), dated 21.12.1998 in case ..... entitled to compensation as claimed by them and the judgment of high court was wrong in reversing the judgment of tribunal and coming to the conclusion that the death was not caused by an accident involving the use of motor vehicle. .....
Tag this Judgment!Court : Rajasthan
Reported in : II(2001)ACC24
..... the driver and owner of the tractor filed joint reply and stated that the deceased had not died because of the accident with the tractor, but he died because of skidding of hero moped, which he was driving. ..... in the claim application, which was filed after four months of the accident, the number of the tractor was mentioned as mp-08/a-7893 along with the details of driver, owner and insurance company of the tractor.7 ..... 1 related to the effect whether the deceased had died because of accident with the tractor make ford 3610 being driven rashly and negligently. ..... private respondents had disputed the occurrence of the accident and denied their liability of compensation. ..... appeal has been preferred challenging the award dated 31.3.1997 passed by motor accident claims tribunal, baran in mact case no. ..... , he could have sustained the injuries and he would have been the first person to inform the police or to make arrangement for stopping any other vehicle or to inform the parents of the deceased about the accident, which he had not done. ..... was framed to the effect whether the deceased had not died because of accident with the tractor, but he died because of accident of hero puch no. ..... tribunal had framed the required issues in regard to accident, negligence and the compensation. ..... it was alleged that the accident had been caused because of negligence of the ..... tractor driver, who was coming with fast speed diverted the tractor towards other side and caused the accident resulting in death of devashish. .....
Tag this Judgment!Court : Rajasthan
Reported in : II(2002)ACC335
..... after framing the required issues in regard to accident, negligence and quantum of compensation, the tribunal considered the statements of witnesses and the documents, it was held by the tribunal that the accident had been caused because of negligence of the driver of the metador. ..... the claimant had sustained the injuries in the accident occurred on 21.8.1991 when she was travelling in the mini bus no. ..... appeal has been preferred challenging the award dated 17.1.1998 passed by motor accident claims tribunal, jaipur city, jaipur in mact case no. ..... in regard to negligence or the manner in which the accident had taken place. ..... 2,000/- per month from sewing prior to the accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(2)WLC15; 2001(1)WLN733
..... 1.5 lacs with effect from 1.5.1982 while the accident occurred on 20.9.1984 and therefore the appeal filed by the insurance company had been dismissed. ..... 1.5 lacs but there was no such increase with respect to third party liabilities in the accident caused by the public service vehicle. ..... 153/1988 and 205/1988 against the judgment and award of motor accident claims tribunal, jodhpur dt. .....
Tag this Judgment!Court : Rajasthan
Reported in : II(2002)ACC32; 2001(2)WLN12
..... 95(2)(c) being a residuary clause the liability of the insurance company cannot be limited and that the vehicle involved in the accident being a tractor, the same cannot be said to be a goods vehicle or a passenger vehicle and it has to be vehicle of any other class as covered by sec. 95(2)(c). ..... to this extent award of the motor accident claims tribunal was modified.(4). ..... appeal was filed by the claimants against the award dated 16.2.1990 passed by the motor accident claims tribunal, barmer in case no. 37/88. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002ACJ1734
..... at the time of accident the deceased was of the age of 21 years.2. ..... , widow, minor children, brothers, sisters and parents of the deceased mahesh who died in the accident on 24.6.1992. .....
Tag this Judgment!Court : Rajasthan
Reported in : II(2002)ACC19; 2003ACJ1766; 2001(2)WLC418
..... after framing the required issues in regard to accident, negligence and quantum of compensation, the tribunal considered the statements of witnesses and the documents; it was held by the tribunal that the accident had been caused because of negligence of the driver of the truck. ..... the claimant has sustained the injuries in the accident occurred on 24.3.92 when he was riding the motor cycle rrx-8736, he was struck by truck no. ..... appeal has been preferred challenging the award dated 16.4'96 passed by motor accident claims tribunal, jaipur city, jaipur in mact case no. ..... as per medical certificate, he suffered 70% permanent disability because of the accident occurred in the year 1992. ..... (1), it was held that whenever a tribunal or court is required to fix the amount of compensation in cases of accident, it involves some guesswons. ..... in regard to negligence or the manner in which the accident had taken place. ..... due to this accident, he remained admitted in hospital for six times and operated upon about 7 times. ..... the accident had occurred in they year 1977.(10). ..... the salary of the claimant at the time of accident was rs. .....
Tag this Judgment!Court : Rajasthan
Reported in : II(2001)ACC737; 2003ACJ125; 2001(2)WLC264; 2001(1)WLN444
..... the tribunal was also of the opinion that if vijay kumar had not met with fatal accident, then he would have lived at least upto the age of 70, therefore, applying multiplier of 40, the tribunal calculated rs. ..... thus, when there is a specific evidence of the claimants that the monthly income of the deceased was rs.1800/- at the time of accident in 1989, then we can safely take income of deceased at rs. ..... when there was a specific evidence of the claimant that at the time of accident in 1989, the income of the deceased was rs. ..... 101/93, whereby the learned single judge dismissed the miscellaneous appeal and confirmed the judgment and award passed by the learned motor accidents claims tribunal, bikaner,(2). ..... 1800/-, then, after few years, he would have at least earned double amount than what he was earning at the time of accident.(8). ..... it may be stated that the deceased vijay kumar was only 25 years of age at the time of accident. ..... the claim petition was filed by the widow of deceased vijay kumar, who died at the young age of 25 in a road accident on 25.4.89. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003ACJ286; 2001(4)WLC429
..... the defence of the corporation is to the effect that the deceased was trying to cross the road when he met the accident, which was not believed by the tribunal for the reason that as per site plan and statements of witnesses, the deceased was on the kacha left side of the road, i.e. ..... the claimants kailash gupta and naveen gupta were of 28 and 24 years old at the time of accident it cannot be said that they were wholly dependent on their father. ..... the deceased was 54 years old at the time of accident, as such the multiplier of 6 years was adopted.4. ..... after framing the required issues in regard to accident, negligence and quantum of compensation, the tribunal considered the statements of witnesses pushplata gupta, aw 1; babu lal saini, aw 2; j.p. ..... 4,08,880 on account of death of mohan lal, in the accident occurred on 16.1.1995 when the bus of the corporation no. ..... appeal has been preferred challenging the award dated 10.4.2000 passed by motor accidents claims tribunal, jaipur city, jaipur, in m.a.c.t. ..... the accident had taken place on kacha side of the road.3. .....
Tag this Judgment!Court : Rajasthan
Reported in : II(2001)ACC270; 2001(2)WLC116
..... he has further contended that there were very bright chances of future promotions and increase in remuneration which could have gone even double of the remuneration which he was getting at the time of accident and this aspect of the matter has not been taken into consideration, which has also resulted into gross injustice with the claimants and, therefore, the learned single judge was not justified in ..... in our opinion, if a person with such a outstanding academic career met with such a tragic accident, his legal heirs should have been granted proper and sufficient compensation. ..... learned counsel appearing for the corporation has argued that accident was not occurred on account of rash and negligent driving of the driver of the bus but is occurred on account of the negligence on the side of the deceased. ..... 183 of 1995 whereby the award dated 18.1.1995 passed by the motor accident claims tribunal, udaipur has been reduced from rs. ..... the impugned judgment dated 22.8.1996 passed by the learned single judge is set aside and the judgment and award dated 18.1.1995 passed by the learned motor accident claims tribunal, udaipur is restored.11. ..... by the him and the future prospects and career of the deceased, we feel ourselves justified in setting aside the compensation awarded by the learned single judge and in restoring the compensation awarded by the learned motor accident claims tribunal, udaipur at rs. .....
Tag this Judgment!