Court : Rajasthan
Reported in : RLW2003(1)Raj601; 2002(1)WLN632
..... 3 was the driver and he had no driving licence at the time of accident. ..... after taking all above possible defences, the appellant insurance company stated that the appellant insurance company has not been provided with the copies of documents with respect to the accident. ..... pushpa is the owner of the vehicle at the time of accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(2)WLN500
..... date of their entitlement till the date of actual payments to the claimants and the ordinary course of compensation is payment of interest over the above claim amount which was payable to the claimants immediately after the accident or immediately on filing the claim petition, therefore, there is delay then claimants are paid interest over it for a long period of 20 years which will make the adequate compensation to the claimants due to the delay in payment ..... since the tribunal has not considered the future prospects of the income of the deceased after the accident which is required to be determined and in view of the decision of the hon'ble apex court in the case of mrs. ..... the other witness was aw-2 narayan das who proved the fact of accident and has not stated anything for the income of the deceased, whereas dr. g.l. ..... 500/- per month at the time of accident, as stated by aw-1 jayantilal himself, then in view of the above admission, there appears to be no illegality in holding income of rs. ..... 500/- per month at the time of accident or in the business or if the deceased would have joined service of state transport department and @on the basis of future prospects, in total claimed rs. ..... 375/- per month and, at the time of accident, the deceased would have earn rs. ..... this is an appeal against the award dated 19.2.1986 passed by the motor accidents claims tribunal, udaipur in claim petition no. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(3)WLN664
..... to recovery from the insurance company and therefore, the interim order passed by this court is modified to the extent that the insurance company shall deposit the entire amount with the motor accident claims tribunal and it shall be paid to the claimants subject to furnishing an adequate security to the satisfaction of the motor accident claims tribunal in terms of the award for restitution of that amount in case the appeal succeeds qua the claimants also. ..... 2001 air scw-1340 makes out the distinction between the cases of the absolute liability of the insurer which may arise out of a contract and the right of the claimant party to recover compensation as a result of accident from insurance company. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(2)WLN435
..... on the very day, accused petitioner op sharda conducted survey and submitted his report on the same day stating that chassis number of accidental car was 80848 and engine number was 138x10209 and place of accident was char rasta, karodra hear surat, while m/s. ..... bombay motors, jodhpur by showing car accident at karodra char rasta on bombay-ahmedabad highway near surat (gujarat) on 11.5.1997 at 8.30 pm while on the way from dombivali to jodhpur.it was further stated in the fir that on 9.5.1997, accused petitioner pc jain issued one policy (b) no. ..... 10209 met with an accident during transit and, therefore, surveyor be deputed to their workshop for inspection and doing the needful. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(3)Raj1815; 2002(4)WLN350
..... the statements of pw-5 goparam, who is an injured witness and pw-3 chatraram apart from the statement of pw-2 motaram.11. thus, both the courts below concurrently found that at the time of alleged accident, the tractor in question was being driven by the accused petitioner and the accused petitioner was driving the tractor rashly and negligently and because of rash and negligent driving, of the tractor by ..... notice under section 133 of the motor vehicles act to the owner of the tractor and the same is ex.p/17 where there is endorsement that at the time of accident, the tractor was being driven by the accused petitioner.after usual investigation, the police submitted challan in the court of chief judicial magistrate, jalore against the accused petitioner ..... both the courts below that the accused petitioner was driving the tractor in question at the time of alleged accident and he was driving the tractor rashly and negligently and because of cash and negligent driving of the tractor by the accused petitioner, the alleged accident took place and in that accident, one person, namely, sakaram died and two persons, namely, pw-4 bhuraram and pw-5 goparam received ..... to the hospital at jalore, where he was declared dead and driver of the tractor in question was accused petitioner bagdaram and he has caused that accident by driving the tractor rashly and negligently.on this statement, regular fir ex.p/18 was chalked out at police station kotwali, jalore and investigation was started. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003ACJ1322; RLW2003(1)Raj444; 2002(2)WLC66
..... the legislature with some purpose and object has not provided any appeal or revision against the interlocutory orders passed by the motor accident claims tribunal under the motor vehicles act regarding the claim of compensation by the claimants. ..... under the impugned award, the motor accident claims tribunal held that the assurance company is not liable to make the payment of the amount of the interim compensation under the no fault liability principle. ..... it is wholly misconceived and misplaced petition at this stage under article 227 of the constitution against the interim award of the motor accident claims tribunal, bandikui, district dausa.2. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(5)WLC313; 2002(1)WLN35
..... they are based on correct appreciation of evidence and there is sufficient evidence on record to prove all above facts and in this case, pw-9 kewal krishna, injured himself is an eye witness of the alleged accident and pw-4 mohandan and pw-7 ravindra singh are also eye witnesses as the accident took place near the police station, khedapa and after examining the evidence of these eye witnesses and other evidence led by the prosecution in a very meticulous manner, ..... . since in the present case, accident occurred because of the rash and negligent driving of the truck in question by the present accused petitioner, who is a professional driver, therefore, it is not a fit case where any leniency can be showered on the accused petitioner ..... . : 2000crilj2283 has held as under:(1) when automobiles have become death traps any leniency shown to drivers who are found guilty of rash driving would be at the risk of further escalation of road accidents ..... . fatal accident .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2002)ACC205; 2002ACJ205; 2002WLC(Raj)UC153
..... this appeal has been filed by the appellants against the award dated 9.10.1996 passed by the motor accidents claims tribunal, jaipur city, jaipur, for enhancement of their compensation.2. ..... he had died in an accident taken place on 9.7.93 when he was hit by truck no. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002ACJ853; 2002WLC(Raj)UC274
j.c. verma, j.1. this appeal has been filed against the award dated 26.6.1996 passed by the motor accidents claims tribunal, jaipur district, jaipur. the claim petition was filed by the parents of the deceased kumari soni who had died in an accident. the age of the deceased at the time of accident was 9 years.2. the tribunal after having framed the issues had come to a finding that the deceased had died because of an accident caused by the offending vehicle no. hr 26-a 7648, however, had awarded the amount of compensation as rs. 50,000 along with interest to be paid at the rate of 12 per cent per annum from 15.2.1993. this appeal has been filed for enhancement of compensation by the parents of the deceased.3. learned counsel for the appellants placed reliance upon the judgment rendered in the case of shyam lal v. rajendra kumar 2001 acj 215 (rajasthan) in which on the death of a child an amount of rs. 1,50,000 was awarded. in view of the above judgment, the amount of compensation is enhanced to such an amount with the same rate of interest.4. in view of the above said reasons and discussions, the appeal is allowed and stands disposed of.
Tag this Judgment!Court : Rajasthan
Reported in : 2002CriLJ348
..... it may further be stated here that merely an accident has taken place on public highway would not be sufficient to prove the charge for offence under section 429, i.p.c. ..... since it is a simple case of accident, therefore, mens rea of causing the accident is absent and in these circumstances, the findings of acquittal for offence under section 429, i.p.c. ..... 1 dagla ram and if the accident has taken place then it cannot be said that any mischief was committed by the accused respondent. ..... since it is accident case and there is nothing on record that the accused respondent had any enmity with p.w. ..... unless the evidence has been led that the accused driving the vehicle had any grudge against the complainant or had required intention or knowledge in causing the accident. .....
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