Court : Rajasthan
Reported in : 2002(4)WLC460; 2002(5)WLN485
..... the instant writ petition has been filed under article 226 of the constitution of india by the claimant in a motor accident claim case aggrieved of the order of the motor accident claims tribunal, bhilwara dated 14.11.2000 rejecting the application under section 140 of the motor vehicles act for interim compensation. 2. ..... this provision has been brought on the statute, though as a measure of social justice in order to meet to some extent the responsibility of the society to the deaths and injuries caused in road accidents, the liability to pay compensation on the principle of 'no fault liability' has come to be provided statutorily under section 140 of the act. ..... in the instant case, as the driver of the vehicle was not holding a licence on the date of accident, the insurance company was not liable to pay the interim compensation. ..... the insurance company contested the interim application on the ground that on the date of accident, respondent ganpat was not holding valid driving licence. ..... the tribunal found that the accident took place on 6.10.96, whereas the driving licence (learning) was of 30.10.96. ..... the order of the motor accident claims tribunal, bhilwara dated 14.11.2000 is quashed and set aside, so far as it relates to non-consideration of the award of interim compensation as against the owner of the vehicle. ..... on 6.10.1996, petitioner met with an accident on account of which he sustained various injuries. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(3)Raj2036
..... the valuable right of seniority to depend upon mere accident of confirmation is not justiciable under articles 14 and 16 of the constitution and it is impermissible. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(1)Raj502
..... where it insured the vehicle to ensure that in case any person suffers any injury or died in a motor vehicle accident, it may reimburse the liability of the owner regarding the compensation to be paid by him to the claimants or the injured as the case may be. 9. ..... this court should not permit stalling of the final adjudication and decision in the motor vehicle accident cases at the instance of the assurance company by permitting it to challenge the interlocutory order. ..... in the petition the petitioner is challenging the order dated 2.11.1999 (annexure-2) passed by the judge, motor accident claims tribunal, behror. ..... vehicles act, 1988 (for short 'the act of 1988') the assurance company has also very limited defence to be taken in the claim petition filed by the claimants for compensation regarding, death or injury in a motor vehicle accident. ..... the petitioner has not filed any proof of the payment of interim compensation to the dependents of the deceased victim of the, motor vehicle accident. 3. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003ACJ2069; AIR2002Raj186
..... high court that the direct damage to property alone is taken by the words 'damage to the property ' and observed that if there is any claim for damages suffered by the owner of motor vehicle which was involved in an accident, apart from the claim for damage to the vehicle itself then that will have to be preferred before a civil court and the motor ..... according to the learned counsel for the respondents, the loss of the goods is due to the direct result of the accident only and there is no other reason for the loss of the goods of the claimants.5. ..... the reason given for the loss of the goods is that in the accident, the claimants suffered injuries and no care was taken by any body on behalf of the owner or the driver to safeguard the goods of the passengers, the naturally this is the accident because of which the claimants suffered the loss .8. ..... he stated that he was not found the above suitcase after the accident, was having a gold chain costing to rs. ..... in accident he became unconscious. ..... rj 14 p 2264 came with high speed and caused the accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2002Raj157
..... after recording the evidence, the learned civil judge decided all the issues through judgment dated 25.2.80 and he came to the conclusion that the driver of the truck was not at fault when the accident took place and since damaged goods were not taken by the defendant-appellant inspite of notice, therefore, plaintiff-respondent firm was entitled to claim demurrage and thus, he decreed the suit of the plaintiff-respondent ..... admitting that the pipes in question were booked in the truck belonging to the plaintiff-respondent and it is also admitted that the said truck met with an accident as a result of which some ,of the pipes were damages, but the case of the defendant-appellant is that the accident look place because of negligent driving of the truck driver and for that the plaintiff- respondent firm was liable to pay demurrage and further more if some .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2002)ACC292; II(2002)ACC644; 2002ACJ292; 2002WLC(Raj)UC356
..... 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. ..... the impugned judgment and award, the tribunal reached to the conclusion that the said accident was a result of rash and negligent driving of the truck by its driver respondent ..... had the cover note been obtained after the accident from the backdate, there was no occasion for the appellant insurance company to have issued the policy for the period commencing from ..... 3 without disclosing the fact of the accident, obtained the cover note in respect of the truck in question commencing for the period from ..... rsm 1099 involved in the accident was under a valid insurance commencing for the period with effect from 24.3.1986 to 23.3.1987 and as such, on 26.3.86, the said truck was under a valid insurance and, therefore, by virtue of provisions of section 95(5) and ..... contended that the said accident took place on 26.3.1986 ..... the appellant contended that the said accident took place on 26.3.1986 at 9.30 ..... at the time of the accident, the age of the respondent-claimant was 14 years and he was a ..... if, on the date of accident, there was a policy of insurance in respect of the vehicle in question, the third party would have a claim against the insurance company and the owner of the vehicle would have to be indemnified in respect of .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(1)Raj333; 2002WLC(Raj)UC37
..... the speed of vehicle can be easily assessed that at the place of accident, soil was loose. ..... therefore, it is clear from the evidence that neither driver was running the vehicle with rash and negligent driving nor there was any negligence of the driver of vehicle by which the above accident took place. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(5)WLC405
..... 75,000/- awarded by the motor accident claims tribunal, dholpur under award dated 5.3.94 in mac no. 86/93.2. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(3)WLN236; 2002(3)WLN236
..... driver, owner and the insurer of the truck but has filed the claim petition against the corporation in whose bus he was travelling as a passenger at the relevant time of the accident and, therefore, he is entitled for compensation from the corporation as the driver of the corporation's bus is joint tort feasor and the corporation is liable to pay compensation jointly and severally.27. ..... the damages to composite for the loss of amenities of life which varies from person to person and injury to injury as on account of injury or the disablement, victim of an accident may not be able to walk, run, sit properly and may not be in a position to drive the vehicles or even may find difficulty in moving from one place to another ..... arrived at on the basis of such interested witnesses cannot be sustained, and it is held that the said accident was due to rash and negligent driving of the corporation's bus by its driver as well as the truck driver ..... in the instant case, drivers of both the vehicles failed to take due care and, therefore, the said accident was result of rash and negligent driving of the bus as well as truck and as such, the injury sustainedby the appellant was due to composite negligence of the driver of ..... from the opposite direction while crossing each other and due to this, both the vehicles grazed with each other, further stated that due to this accident, the appellant sustained injury on his right hand, which was in a position of hanging and ultimately resulted in amputation. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(3)Raj1970; 2002(1)WLN610
..... it has also been established that at the relevant time, he was holding the post of less naik and had he not met with the accident, he would have attained the rank if not more, at least the rank of subedar major, which in normal course a person serving in army would attain. ..... this appeal is directed against the judgment and award dated 19.12.92 passed by motor accident claims tribunal, bikaner (hereinafter referred to as 'the tribunal') whereby the tribunal awarded compensation of rs. ..... the learned tribunal on appreciation of evidence, reached to the conclusion that the said accident was result of rash and negligent driving of jeep by its driver appellant no. ..... more so, this witness is an independent witness and the tribunal as rightly relied on the statement of this witness while arriving at the conclusion that the said accident was as a result of rash and negligent driving of the jeep by appellant no. 2. ..... it was averred in the claim petition that at the time of the accident, the deceased was a young man of 30 years and was serving in indian army on the post of less naik driver and his monthly salary was rs ..... thus, it is fully established that on the date of the accident, the jeep involved in the accident was under a valid insurance with respondent no. 4. ..... 4, it was denied that at the relevant time of the accident, the said jeep was insured with them. ..... it is contended by the learned counsel for the appellants that the said accident was as a result of the negligence of the deceased himself. .....
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