Court : Rajasthan
Reported in : 2001CriLJ4127; 2001(3)WLC700
..... examination in chief that the police had in his presence prepared inquest report which related to an accident case and similarly in cross examination chhotu (pw 4) said that when the inquest report was being prepared then a boy aged 12/13 years, though may be named as shivprasad but he did not know his name, was also present and that boy had told that information of accident was given to him (boy) in the temple, in our considered view ..... . moreover none of these trioka witnesses had been examined by the police as eye witnesses to the impugned incident nor they have deposed before the trial court that they had even seen truck accident causing death of the deceased on 18.10.90 at the place of incident ..... . next contention canvassed by the defence counsel is that as per deposition made by pooran (pw3), chhotu (pw 4) & radhey shyam (pw 8) the incident had occurred due to truck accident on main road resulting in death of the deceased ..... . it cannot be said that the death of the deceased had occurred in a truck accident as projected by the defence .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(5)WLC586; 2003(2)WLN215
madan, j. (1). the undisputed facts are that on 13.9.1965 the petitioner was appointed as 'karya karla' in the services of rajasthan khadi vikas mandal, govind garh, distt, jaipur, respondent no. 2. he was working in the services of the said organisation till 8.5.1978 when he was served with a charge sheet by the management on account of irregularities committed by him while performing his duties with the said organisation. he submitted reply to the charge sheet. the petitioner denied all the charges being false, baseless and being of no consequence. it has been alleged that since the management was bent upon to victimise the petitioner, a domestic enquiry was held in the matter by shri d.n. sharma, a permanent advocate of respondent no. 2. the contention of the petitioner is that he was not supplied with the enquiry report recommending his dismissal from the services of respondent no. 2 therefore, he could not file representation against his dismissal order dt. 6.9.1978. thereafter, respondent no. 2 filed an application for approval of the said dismissal order under section 33 of the industrial disputes act, 1947 (for short 'the id act') before the competent authorityin respect of action taken by the employer which was granted. thereafter, the petitioner raised an industrial dispute which was referred for adjudication to the state govt. the petitioner filed his statement of claim before the industrial tribunal while respondent no. 2 filed its reply. the learned judge, .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002ACJ1564
..... when he reached near to the garage of daya ram suthar mistri at that time bus owned by the corporation hit him and he succumbed to injuries instantaneously, that shows that a prompt report of this accident was lodged with the police station and on the very day police inspected the site of accident where the bus was found off the road and body of deceased was also found near the bus. ..... learned tribunal while deciding issue of negligence came to the conclusion that the aforesaid accident took place due to rash and negligent driving of the bus by its driver respondent no. 7. ..... the tribunals while dealing with the cases for compensation arising out of motor vehicle accident are to follow such summary procedure as it thought fit and the certified copy of the f.i.r. ..... it was further averred that due to the death of chandra gopal resulting from this accident, the claimants have suffered damages in all for a sum of rs. ..... in the facts and circumstances of this case, maxim res ipsa loquitur is fully attracted which means accident speaks for itself or accident tells its own story. ..... in the inspection report, place where accident took place, there are no bushes on either side of the road, therefore, the plea taken by this witness appears to be incorrect and the learned trial court has also rightly not relied on the testimony of this ..... there are cases in which accident speaks for itself, therefore, in such cases it is sufficient for the claimants to prove the accident and nothing more.12. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(4)WLN152
..... claimant shanti d/o tejiya also stated on oath before the learned commissioner that for last 15 days from the happening of the accident, she was engaged for the work by gwd as the work of digging drains was carried out by the gwd and while she along with other workers was working on the machine of gwd for ..... it was further averred that the personal injuries caused to aforesaid 3 workmen claimants by aforesaid accident arise out and in the course of their employment and, therefore, the employer is liable to pay compensation in accordance with provisions of workmen's compensation act, 1923 (hereinafter referred to as the 'act' for short ..... since all these three claim petitions arose out of one and same accident and parties were common, therefore, the learned workmen's compensation commissioner (hereinafter referred to as 'the commissioner' for short) by common impugned judgment and award dated 20.11.1998 decided all the claim petitions together ..... admitted that rukma s/o gautma was working on the site for the purpose of blasting and due to this accident, he lost the vision of both the eyes and became completely blind. ..... thus, it is clear that claimants workmen sustained personal injuries by accident arising out and in the course of their employment with respective employers and thus they are entitled for the compensation as awarded by the learned commissioner ..... claimants lost their total vision due to the injuries sustained in the aforesaid accident, which resulted in total blindness.5. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(2)WLN520
..... he further stated that at about 12 in the night, an information was received to the effect that his brother met with an accident, therefore, he proceededto the police station, kalinjara in the night itself in another jeep. ..... at about 12 or 1 in the night, she received a telephonic message to the effect that her husband has met with an accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003ACJ1547; 2001(3)WLC188; 2001(3)WLN175
..... 20,51,000 on the ground that their son jitendra sharma was only 21 years at the time of the accident. ..... unfortunately, before he joined he died in the accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(1)WLN329
..... and others (1), the hon'ble supreme court observed as under:-'whenever a tribunal or a court is required to fix the amount of compensation in cases of accident, it involves some guesswork, some hypothetical consideration, some amount of sympathy linked with the nature of the disability caused. ..... 'their lordships further held that:-'boardly speaking while fixing an amount of compensation payable to a victim of a accident, the damages have to be assessed separately as pecuniary damages and special damage. ..... this appeal is directed against the judgment and award dated 14.8.95 passed by the motor accident claims tribunal, dungarpur (for short 'the tribunal') in mact cases no. ..... the learned tribunal reached to the conclusion that this accident was result of rash and negligent driving of the truck by its diver respondent no. 1. ..... it was specifically pleaded by the appellant that due to the aforesaid accident resulted in fracture of his both the leg'bones. ..... for the period from the date of accident till he underwent the treatment and for the further.(13). ..... (orthopaedic), junior specialist, government hospital, dungarpur on 4.2.95 and accident took place on 13.10.92. ..... due to this accident, the appellant sustained service injuries on his person resulting in fracture ofboth the legs. ..... after accident, the appellant could no! .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003ACJ978; 2002(1)WLC670; 2001(4)WLN490
..... in the responsibility for such death or permanent disablement thus, while making the award under chapter x of the act, the tribunal is required to satisfy that the death or permanent disablement ofany 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-sec. ..... 140 provides 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 ..... 9r/1421 and lachia is the registered owner of the said tractor and the said tractor was validly insured with the appellant insurer on the date of accident and accordingly, learned tribunal passed an interim award as envisaged under sec. ..... this appeal is directed against the judgment and award dated 12.10.99 passed by the motor accident claim tribunal, pratapgarh (for short 'the tribunal') under sec. ..... badami bai has resulted from an accident arising out of ihe use of motor vehicle i.e. ..... a report of this accident was lodged at the police station and after usual investigation, the police filed the challan against respondent no. ..... rj-9r/1421 was having no valid licence at the relevant lime of accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(1)WLN50
..... that is why it has been said by courts that whenever any amount is determined as the compensation payable for any injury suffered during an accident, the object is to be compensate such injury 'so far as money can compensate' because it is impossible to equate the money with the human suffering or personal deprivations ..... it was specifically pleaded and proved by the appellant that the injuries sustained due to the aforesaid accident, resulted in fracture of her right, leg, tibia and fibula bones and shaft femur of left leg bones ..... and others (1), their lordships of hon'ble supreme court observed as under:-'broadly speaking, while fixing an amount of compensations payable to a victim of an accident, the damages have to be assessed separately as pecuniary damages and special damages. ..... it is settled law that while computing compensation payable to the victim of road accident, the damages have to be assessed separately as pecuniary damages and special damages. ..... this appeal is directed against the judgment and award dated 9.2.1995 passed by the most accident claims tribunal, bhilwara (hereinafter referred to as 'the tribunal') in claim case no. ..... the tribunal reached to the conclusion that the accident was result of driving of the truck rashly and negligently by its driver respondent no ..... further contended that at the time of accident, the appellant's age was 39 years. ..... nalure of treatment, it duration, expenses incurred and olher damages resulted due to accident were claimed as compensation. .....
Tag this Judgment!Court : Rajasthan
Reported in : III(2002)ACC607; 2002(2)WLC302
..... that is why it has been said by courts that whenever any amount is determined as the compensation payable for any injury suffered during an accident, the object is to be compensate such injury 'so far as money can compensate' because it is impossible to equate the money with the human sufferings or personal deprivation ..... it as specifically pleaded and proved by the appellant that the injuries sustained due to the aforesaid accident, resulted in fracture of her right leg, tibia and fibula bones and shaft femur of left leg bones ..... : [1995]1scr75 , their lordships of hon'ble supreme court observed as under:broadly speaking, while fixing an amount of compensation payable to a victim of an accident, the damages have to' be assessed separately as pecuniary damages and special damages. ..... it is settled law that while computing compensation payable to the victim of road accident, the damages have to be assessed separately as pecuniary damages and special damages. ..... this appeal is directed against the judgment and award dated 9.2.1995 passed by the motor accident claims tribunal, bhilwara (hereinafter referred to as 'the tribunal' in claim case no. ..... the tribunal reached to the conclusion that the accident was result of driving of the truck rashly and negligently by its driver respondent no ..... he further contended that at the time of accident, the appellant's age was 39 years. ..... nature of treatment, its duration, expenses incurred and other damages resulted due to accident were claimed as compensation. .....
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