Court : Rajasthan
Reported in : II(2004)ACC507
..... the legal representatives of deceased narain lai, therefore, filed a claim petition before the motor accident claims tribunal, dausa which was pleaded to determine an amount of compensation of rs. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(3)WLC283; 2003(2)WLN588
..... has assailed the award of the motor accident claims tribunal jhalawar camp aklera who has been pleased to award a compensation of rs. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003(2)WLN583
..... the above bhim sing died in an accident of the truck on 23.2.1993, during the course of employment as such, the claimant-applicant was entitled for compensation under the act.8. .....
Tag this Judgment!Court : Rajasthan
Reported in : II(2002)ACC127
..... the above bhim singh died in an accident of the truck on 23.2.1993, during the course of employment, as such, the claimant-applicant was entitled for compensation under the act.8. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003WLC(Raj)UC8; 2002(3)WLN55
..... the shot discharged at random strikes its object by chance; that which is turned aside from its well-directed aim by some unforeseen circumstance misses its mark by accident.14. ..... there is a wide difference between chance and accident. ..... to strive which can raise the heaviest weight, or live the longest under water, as it is to test the speed of two horses, it is said that a horse race is not only uncertain in its result, but is often dependent upon accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2003)ACC9; 2004ACJ379; 2002(5)WLC25
..... the insurance company on its part had contended before the tribunal that the claimant also is guilty of contributory negligence due to which he was injured in the accident but the claims tribunal has disbelieved the plea of insurance company and has recorded a finding that the claimant cannot be held guilty of contributory negligence. ..... it is equally difficult to ignore that the appellant who is an unmarried man and was only 20 years of age when he met with the accident losing his leg has not lost the prospect of leading a normal life and the fact that he would never be able to lead an absolutely normal life cannot come within the ambit of the rule of remoteness ..... suffice it to say that the appellant suffered grave and serious injury on his right leg on account of the accident caused by the aforesaid jeep which hit his scooter which he was driving and consequently his right leg below knee had to be ..... , the only consideration before this court is whether the claimant who has lost his right leg in the accident has rightly been awarded rs. ..... since the factum of the accident due to which the claimant-appellant suffered the injury is not under challenge nor it could be challenged that the appellant suffered the injury due to rash and negligent driving of the driver of the jeep bearing ..... the motor accidents claims tribunal, kota on an analysis and scrutiny of the evidence adduced by claimant has recorded that the claimant was an auto electric mechanic and out of this vocation he earned .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(1)Raj120; 2002(2)WLC728; 2002(2)WLN576
..... regarding appointment of surveyor, clauses section 1, 2.2 and 2.3 are relevant, which are quoted herein-under :2.1 : accident claims cover such a wide field and in many respects demand such expert knowledge that various specialists have to be employed. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(1)Raj499
..... , bombay (3), the bombay high court while considering the case on similar fact, observed as under:- 'there must be a causal connection between the accident and the employment in order that the court can say that the accident arose out of the employment of the deceased. ..... appellant that since the death of pritam singh was caused because of over exertion, which resulted in ailment, therefore, such death of deceased pritam singh cannot be said to be due to any personal injury caused to the deceased by an accident arising out of and in the course of employment. ..... if the employee in the course of his employment has to be in a particular place and by reason of his being in that particular place lie has to face a peril and the accident is caused by reason of that peril which he has to face then a causal connection is established between the accident and the employment.' 11. ..... contended that the commissioner fell in error in holding the appellant-insurer liable for compensation as on the relevant date of occurrence, deceased pritam singh had not a valid driving licence to drive the vehicle involved in the accident. 4. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(1)Raj235; 2002(4)WLN223
..... the present case, deceased was crossing the road unmindful of the fact whether a truck was coming from the opposite direction or not and if in such a situation, accident took place, it cannot be said that the death of the deceased in this case was the directly result of a rash or negligent act of the accused petitioner ..... that arises for consideration is whether in a case where pedestrian crossed the road suddenly, the driver of the vehicle by which accident took place can be said to have driven the vehicle rashly and negligently or not. 17. ..... the mere fact that the accident would not have taken place if the accused petitioner would have been still more cautious would not be enough to make him liable under section 304-a ipc ..... the bus driver cannot save accident however slowly he may be driving and therefore he cannot be held to be negligent in such a case ..... the deceased, namely, prem would have not left the deceased alone and would not have crossed the road alone and would have taken the deceased alongwith her, the alleged accident would not have taken place. 15. ..... the mere fact that the accident would not have taken place if the accused would have been still more cautious would not be enough to make him liable under section 304 ..... ) (2) that the place where accident took place, there was ascent on ..... the road and before her, her sister prem had crossed the road and seeing the truck, deceased accelerated her speed in crossing the road and in the meanwhile, the alleged accident took place. 16. .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2003)ACC112; 2004ACJ476; 2002(1)WLC799; 2002(4)WLN710
..... 4,45,000/- is considered, it is difficult to interfere with the impugned award considering the disability suffered by the victim boy even if he was aged only eight years at the time of the accident, by treating his case only in the light of the multiplier which has been incorporated in the motor vehicles act for cases where the victim is dead and is not required to be relied upon where the victim is ..... it cannot be disputed that in a situation of this nature where the victim of the accident is compelled to live the life of worse than a dead man, has to be adequately compensated since the claimant/victim although would remain alive, he would be completely dependent for his entire life on someone-else-be it his relative or ..... the appellant-national insurance company has assailed the award of the motor accident claims tribunal jhunjhunu which has been pleased to award a compensation of rs. .....
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