Court : Rajasthan
Reported in : 2003ACJ2008; 2002(2)WLC607
..... show that the insurance company undertook the risk of third party for the period commencing from 12.8.1988 to 11.8.1989 and the accident in question took place on 16.8.1988 as such, on the relevant date of accident, bus was validly insured with the appellant insurance company and, therefore, the appellant is liable to pay compensation to the claimants.6 ..... it was next contended by learned counsel for the appellant that the liability of the insurance company on the relevant date of accident as per the provisions of section 95(2)(b)(i) of the motor vehicles act, 1939 (old act) for the vehicle in which passengers are carried for hire or reward ..... been paid or not is not the concern of the third party who is concerned with the fact that there was a policy issued in respect of the vehicle involved in the accident and it is on the basis of this policy that the claim can be maintained by the third party against the insurer. ..... this appeal is directed against the judgment and award dated 25.5.1992 passed by the motor accidents claims tribunal, balotra (hereinafter to be referred as 'the tribunal'), whereby the claims tribunal ..... , appellant insurance company, the insurer has filed this appeal on two grounds; first the accident in question took place on 16.8.1988 and cover note was obtained by the respondent no. ..... that the policy covers the risk of third party for the period commencing from 12.8.1988 to 11.8.1989 and the accident had taken place after four days of issuance of the policy, i.e. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(1)WLN693
..... 8 hari singh asi, police station sadar, bikaner proceeded towards the spot where the accident took place, where p.w. .....
Tag this Judgment!Court : Rajasthan
Reported in : II(2002)ACC588; AIR2002Raj230; 2002(2)WLC763
..... case, the evidence on record suggests that it was not the fault of the driver driving the unregistered vehicle which caused the accident but a categorical finding has been recorded that it was the driver of the bus who was driving in a rash and ..... the impugned award is that the deceased were travelling on a vehicle known as'jugad' which is not a registered vehicle and since these persons were travelling on the unregistered vehicle and died in the accident, they were not entitled for any amount of compensation since the manner of travelling itself was illegal. ..... a categorical finding has been recorded against the driver of the vehicle that the accident took place since the bus was driven in a rash and negligent manner as a consequence of which the 'jugad' on which the deceased persons were travelling was hit, killing three ..... inferred that if a bullock-cart or a camel-cart is hit by a bus, truck or any other vehicle, the persons or their legal representatives boarding the same would not be entitled to the amount of compensation even if the accident takes place on account of rash and negligent driving of any vehicle colliding with it. ..... a common award was passed by the motor accident claims tribunal, beawar in four claim cases which were filed by four different claimants in regard to three deaths which took place on account an accident caused by a bus owned by the rajasthan state road transport corporation (for short 'rsrtc') since it hit a vehicle called 'jugad' in colloquial terms on .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(2)WLN700
..... in the instant case, the vehicle involved in the accident is the vehicle in which passengers were carried for hire. ..... the accident occurred on 4.2.1989 when the motor vehicles act, 1939 was in force and therefore, the case has been examined by learned single judge, with reference to decisions of the supreme court in national insurance company v. ..... reported in : [1995]1scr871 wherein the apex court has held that liability of the insurance company shall have to be determined as per the provisions of motor vehicles act, as prevalent on the date of accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003(1)WLN342
..... thus, while making the award under chapter x of the act, the tribunal is required to satisfy that the death or permanent disablement of any person has resulted from an accident arising out of the use of motor vehicle or vehicles, owner of the vehicle or insurer, as the case may be, shall be liable to pay fixed amount as provided under sub-section (2) of section 140 of the act. ..... to award compensation on the principle of 'no fault liability', the tribunal is first required to satisfy that the death has occurred due to accident arising out of use of a motor vehicle, owner or insurer, as the case may be, shall be jointly and severally liable to pay compensation in respect of such death in accordance with the provisions of sub-section (2) of section 140 of the act.9. ..... sub-section (1) of section 140 provides that 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 pay compensation in respect of such death or ..... the legal representatives of the deceased persons filed separate claim petitions before motor accident claims tribunal, bhilwara (hereinafter referred to as 'the tribunal') claiming compensation under section 140 of the motor vehicles act, 1988 (hereinafter referred to as 'the act') on the principle of 'no fault liability' as well as under section 166 of the .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(1)Raj493
..... in the present case the tribunal on appreciation of the evidence produced by the respondent claimants categorically held that the accident in question was caused due to driving of the tractor rashly and negligently by its driver, on account, of which, the trolley over turned and occupants thereof sustained fatal injuries. ..... the tribunal also reached to the conclusion that on the relevant date of the accident, the said tractor was insured with the appellant-insurer and accordingly, the tribunal computed the compensation to the extent of rs. ..... the claimants have established by statements of aw.1 kheema ram, aw.2 chhoga ram and aw,3 ganga singh and by documentary evidence that the deceased kesi died due to the injuries sustained in the accident as on the relevant date of the accident, she was occupant of the said tractor attached with trolley. ..... the tribunal on proper appreciation of the evidence produced before it, reached to the conclusion that the said accident was due to rash and negligent driving of the tractor by its driver. ..... the trolley attached to the tractor was being pulled by the tractor and, therefore, it cannot be said that the accident was not outcome of the negligent driving of the tractor. ..... 12.10.1993 passed by motor accident claims tribunal, ball (hereinafter referred to as 'the tribunal'), whereby the tribunal awarded a sum of rs. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(3)WLC84; 2002(4)WLN228
..... was not known to them and from the statement of pw3 bheraram, who lodged the report ex.p/1, it is also crystal clear that the accused ran away just after the alleged accident and in these circumstances, the possibility of seeing accused by the two eye witnesses pw1 dalpat singh and pw2 beenjraj singh by face is also doubtful, especially when accused was not known ..... this revision petition, it has been submitted by the learned counsel appearing for the accused petitioner that the findings of the courts below on the point that at the time of alleged accident, the truck in question was being driven by the present accused petitioner are palpably erroneous one as there is no oral or documentary evidence to prove that fact and for that it has ..... found on the spot, but that part of his statement is falsified by the statement of pw3 bheraram, who lodged the report ex.p/1 and who has categorically stated that after the accident, the driver of the truck ran away from the scene and similar are thestatements of pw1 dalpat singh and pw2 beenjraj singh. ..... admitted that the name of the accused petitioner was known to him when he came to give evidence in the court and he did not know the accused petitioner before the alleged accident and he was not in a position to ask the name of the accused petitioner on the date ..... from the owner of the truck in question after giving him a notice as to who was driver of the truck at the lime of alleged accident, but that was not done by the police in the present case. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003ACJ679
..... this appeal has been filed by the appellants-claimants for enhancement of the amount of compensation awarded by the motor accidents claims tribunal, jaipur city, jaipur, vide its award dated 20.7.1992 in m.a.c.t. ..... the claimants are the husband and children of the deceased who had died in an accident on 5.5.1988 when she was hit by a bus no. .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2002)ACC286; 2002ACJ286; 2002WLC(Raj)UC125
..... even though no compensation can restore the physical frame of the claimant, but still for the serious and permanent disablement suffered due to accident, some compensation can be awarded but the money cannot equate the human suffering or personal deprivations. ..... the injured, who was 23 years old at the time of accident and suffered serious injury to his spinal cord, has been awarded rs. ..... the determination of the amount of compensation in the case of accident involves some guesswork, some hypothetical consideration, some amount of sympathy linked with the nature of the disability caused. ..... appeal has been filed by the appellant for enhancement of compensation against the order dated 7.8.98 passed by judge, motor accidents claims tribunal, jaipur, in m.a.c.t. ..... at the time of accident the claimant was studying in 9th class, but he lost his studies. .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2002)ACC435; II(2002)ACC48; 2002ACJ435; 2002WLC(Raj)UC137
..... the accident occurred on 3.12.1992, while going on scooter the deceased was hit from behind by truck no. ..... motor accidents claims tribunal, jaipur had awarded a total amount of rs. ..... appeals arise out of the same award regarding the same accident. .....
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