Court : Rajasthan
Reported in : II(2002)ACC360; 2003ACJ1862
..... 1995 acj 366 (sc), the supreme court had held that the compensation payable to a victim of an accident, the damages have to be assessed separately as pecuniary damages and special damages. ..... after framing the necessary issues in regard to the negligence, accident and about quantum of compensation, the award has been passed. ..... the tribunal had held that the accident was caused due to composite negligence of both the drivers. ..... the claimant-injured sustained injuries in accident on 11.4.1992 when he was hit by truck no. ..... this appeal has been filed by injured-claimant for enhancement of the compensation awarded vide award dated 30.6.1998 by the motor accidents claims tribunal, kotputli, district jaipur, in m.a.c.t. ..... the accident was caused in march, 1994 between two trucks.8. ..... the accident occurred in may, 1993.7. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(2)WLN238
..... it is clear from the above evidence as well as from the site inspection report that the accident was due to rash and negligent driving of the bus by the bus-driver amar singh.17. ..... birbal ram stated that the jeep was being driven by magha ram and at the time of accident, the jeep was going with the speed of 30 kms. ..... to above, naw-1 amar singh stated that at the time of accident, the jeep was with a speed of 100 kms. ..... are against the award dated 2.6.1997 passed by the motor accidents claims tribunal, churu in nine claim case nos. ..... ram also stated that at the time of accident the speed of the jeep was 30 kms. ..... 1 in favour of the claimants holding that the accident was caused due to rash and negligent driving of the bus by the driver amar singh and resulted into deaths of the above persons and injuries to the persons ..... it is also clear that because of the accident, the front portion of the bus fell down on the road, therefore, it was not in a position to ..... is against the award dated 19.5.1998 passed by the motor accidents claims tribunal, churu in claim case no. ..... stated in his statement that at the spot of accident the road-width was 32 ft. ..... court below, after considering the evidence, observed that there is no dispute with respect to the accident and also there is no dispute with respect to persons who died in the accident. ..... of magha ram and mother and father of magha ram submitted claim petition stating therein that magha ram was of the age of 26 years at the time of accident and death. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003ACJ821; 2002(1)WLC379
..... if only on this ground in all the cases and moreso when the appeal lies to this court against the award of the motor accident claims tribunal, the insurance company is permitted to circumvent the remedy it will result in negation or rendering of provisions of section 173 of the motor vehicles act, 1988 ineffective. ..... what the explanation has been given to circumvent this remedy of appeal which admittedly also lies to this court that the award of the motor accident claims tribunal is given in total disregard to the judgment of the supreme court and the statutory provisions. ..... learned counsel for the petitioner on the other hand submitted that it is a case where the motor accident claims tribunal passed the award in total disregard to the statutory provisions as well as the law laid down by the supreme court and this petition is maintainable.3. ..... learned counsel for the petitioner does not dispute that against the award made by the motor accident claims tribunal the appeal does lie to this court. ..... the reason is that on the death or the injury caused to a person in the motor vehicle accident, they get the compensation immediately. ..... section 173 of the motor vehicles act, 1988 provides the appeal against the award of the motor accident claims tribunal to this court. ..... 1 to 4 by the motor accident claims tribunal. .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2003)ACC257; 2002(4)WLC739
..... he has relied on the provisions of schedule i read with the foot note given in schedule i and reached to the conclusion that due to the accident, both the ankle and foot of the respondent workman have been paralysed and now he cannot walk without sticks and cannot perform the normal work of helper or any other work, which he would ..... in the instant case, the respondent workman sustained employment injury on 23.5.1988 and the compensation became payable on the date of the accident and the appellant employer failed to pay the compensation within one month from the date it fell due and in these circumstances, the learned commissioner was justified in directing the appellant employer to pay ..... employer, therefore, became liable to pay the compensation as soon as the aforesaid personal injury was caused to the workman by the accident which in the instant case admittedly arose out of and in the course of the employment. ..... line fault of consumer complaint on electric pole and on the relevant date of the accident, he was dealing with a fault on a consumer complaint on an electric pole and due to electric shock, he fell down from the pole and sustained injuries resulting in complete ..... -section (1) of that section provides that the employer shall be liable to pay compensation if 'personal injury is caused to a workman by accident arising out of and in the course of his employment'. ..... contended that the total disablement resulted due to the said accident would remain only to the extent of 45%. .....
Tag this Judgment!Court : Rajasthan
Reported in : II(2003)ACC103; 2002ACJ2082; 2002(4)WLN88
..... decisions rendered under the old act vis-a-vis gratuitous passengers are of no avail white considering the liability of the insurance company in respect of any accident which occurred or would occur after the new act came into force.'16. ..... no dispute with regard to the fact that the deceased was pillion rider at the lime of accident, as also the said motor cycle was comprehensively insured with the appellant. ..... karnataka high court held that the liability of the owner is excluded because the employees was using the vehicle in his private and personal use when the accident occurred resulting the death of his friend who was on the pillion.8. ..... (1) shall cover any liability incurred in respect of any accident, upto the following limits, namely:--(a) save as provided in clause (b), the amount of liability incurred: (b) in respect of damage to any property to a third party, a limit of rupees six thousand ..... in the instant case, the accident in question took place on 2.8.1989 and the provision of sections 147 and 149 of the motor vehicles act, 1988 (hereinafter referred to as 'the act of 1988') are applicable and so far as the liability of the insurance ..... , 1994 passed by motor accidents claim tribunal, balotra (hereinafter referred to as 'the tribunal') whereby the tribunal passed an award ..... relates to motor vehicles act, 1939 as in the aforesaid case, the date of accident was 7.6.1981. ..... further pleaded that the said motor cycle was hit by a truck from behind which resulted in the said accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(2)WLN119
..... shanti bai's case (supra) also considered the rate of annual premiurh per passenger with reference to tariff in respect of 'legal liability for accidents to passengers' and held that if the limit of liability for any one passenger is fifteen thousand rupees, the rate of annual premium per passenger is ..... the learned counsel for the appellant contended that the vehicle involved in the accident was a vehicle in which passengers were carried for hire and reward and the liability of the insurance company is as provided under section 95(2)(b)(ii), which clearly provides that in case of passenger, the liability of each passenger is ..... tribunal by the impugned judgment and award dated 2.2.1994 came to the conclusion that the said accident was as a result of rash and negligent driving of the aforesaid jeep by its driver, ..... this appeal is directed against the judgment and awarded dated 2.2.1994 passed by motor accident claims tribunal, raisinghnagar (hereinafter referred to as 'the tribunal') whereby the tribunal awarded ..... the instant case also, the vehicle involved in the accident is the vehicle in which passengers were carried for ..... , the limit of liability of the insurance company in respect of any one accident or series of claims arising out of one event was rs. ..... (3), the vehicles involved in the accidents were comprehensively insured but no additional premium was paid for covering the risk of' third party to the extent of unlimited or higher than a liability fixed by section 95(2)(b)(ii) of .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(3)WLC547
..... the owner has not preferred any appeal against the award of the motor accident claims tribunal and the appellant --insurance company alone has preferred the appeal. (3). ..... and mother of the deceased, out of the total compensation amount to be deposited by the appellant -- insurance company and shall reinvest the entire balance amount of compensation in any of the nationalised banks to the credit of the motor accident claims tribunal, in respect of claim application no. ..... 7,89,600/- with interest and cost as awarded by the tribunal, with the concerned motor accident claims tribunal, baran (raj. ..... the motor accident claims tribunal awarded a sum of rs. ..... suresh kumar agarwal, husband of the first respondent-herein was the occupant of the jeep, who died in the tragic accident. ..... gyan devi died in the accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(2)WLN554
..... the owner has not preferred any appeal against the award of the motor accident claims tribunal and the appellant-insurance company alone has preferred the appeal.3. ..... and mother of the deceased, out of the total compensation amount to be deposited by the appellant-insurance company and shall reinvest the entire balance amount of compensation in any of the nationalished banks to the credit of the motor accident claims tribunal, in respect of claim application no. ..... 7,89,600/- with interest and cost as awarded by the tribunal, with the concerned motor accident claims tribunal, baran (raj. ..... the motor accident claims tribunal awarded a sum of rs. ..... suresh kumar agarwal husband of the first respondent-herein, was the occupant of the jeep, who died in the tragic accident. ..... gyan devi died in the accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2002Raj167
..... 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 in the claim application for compensation filed by the claimants. ..... we have to go by the substance of the matter the challenge is made by the petitioner to the order of the motor accident claims tribunal, jaipur city, jaipur under which it given direction to the company to pay rs. ..... the accident has been taken place at 9.25 p.m. .....
Tag this Judgment!Court : Rajasthan
Reported in : II(2002)ACC453
..... of considering the application filed by the petitioner for permission to file claim petition by them for the compensation for the death of their daughter pinky in the motor accident as a result of injuries sustained by her in the accident, the tribunal is under no legal obligation to go on the merits of the claim. ..... when they were travelling in the offending bus the driver of it was driving the same rashly and negligently and as a result of which near village soha the bus was met with an accident in which petitioners and his daughter pinky sustained grievous injuries. ..... this is a case where in case the order of the motor accident claims tribunal impugned in the petition is allowed to stand it will result in causing injury and prejudice ..... to be decided by the motor accident claims tribunal under the impugned order.3 ..... for the parties.the challenge has been made by the petitioner by this petition under article 227 of the constitution to the order of the motor accident claims tribunal, dholpur dated 16.9.2000 (annexure-3).2. ..... not only this the motor accident claims tribunal has decided the application on the ground which otherwise was not ..... the approach of the motor accident claims tribunal in this matter is contrary to the basic conception, purpose and object for which this provision has been enacted in ..... it is a case where the motor accident claims tribunal has not considered socio-economic aspect of this provision as well as the fact that the petitioners have independent right to .....
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