Court : Rajasthan
Reported in : 2001(2)WLN216
..... allotment of land made in favour of the petitioner and to refund the amount with interest to the petitioner because the allotment of the said land was not in public interest and because of the road being small, accidents are taking place there and two persons have already lost their lives in fatal ..... it is clear that because of small width of the road, many accidents were taking place at the site. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003ACJ806
..... 1995 acj 366 (sc), the apex 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. ..... it was observed that even after two years of the accident the claimant was still being treated and on that account for loss of pay of rs. ..... the claim was filed by the present appellant for compensation because of the injuries sustained by him in the accident on 7.5.1994 when he was working as a 'khalasi' on truck no. ..... appeal has been preferred by the claimant-appellant against the order dated 3.4.1997 passed by the motor accidents claims tribunal, tonk, in case no. ..... the tribunal framed required issues in regard to the accident, negligence and compensation. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(3)WLC512; 2001(2)WLN397
..... of the motor vehicles act, 1988 and reply to it have also been admitted by the accused petitioner where owner of the metador in question has specifically stated that on the date of accident, the metador was being driven by the accused petitioner and thus, from this point of view also, the fact that metador was being driven by the accused petitioner at the time of alleged ..... so far as the facts of the present case are concerned, it may be stated here that in the alleged accident, one roda died and his post mortem report is ex.p/3 and one ram krishna, who lodged the report ex.p/12, also received injuries, simple as well as grievous and his injury report is ..... and order dated 19.12.2000 has clearly held that the fact that melador was being driven by the accused petitioner at the lime of alleged accident is not in dispute and the same has been admitted by the accused petitioner himself. ..... is evidence and findings of both the courts below that in the alleged accident, one person died and some other persons received injuries simple as well ..... both the courts below have concurrently held that the accused petitioner was driving the vehicle in question at the time of accident and that the accused petitioner was driving ihe vehicle rashly and negligently, as a result of which, accident took place. ..... that the accused petitioner was driving the vehicle rashly and negligently and it was due to rash and negligent driving of the vehicle by the accused petitioner that the alleged accident took place. 3. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(4)WLC718; 2001(3)WLN265
..... q.2 the injury report of ashok chaudhary dated 20.6.2000 may be examined and opined whether the injuries were due to scooter accident or not? ..... the injuries mentioned in the post- mortem report of dharmendra meghwanshi and medico legal reporl of ashok chaudhary could be produced by blunt force including road traffic accident. q.3..... ..... according to the report of medical jurist of aiims, injuries mentioned in the post-mortem report of dharmendra meghvanshi and medico-legal report of ashok chaudhary, could be produced by blunt force, including road traffic accident.(8). .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(3)WLC104; 2001(2)WLN282
..... sannu lal died untimely on 26.7.1989 in an accident, therefore, his widow- present petitioner made an application to the respondent no.2, l.i.c. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001ACJ950; 2001(2)WLC335; 2001(2)WLN286
..... insurer's liability to indemnify the insured as under:on the aforesaid interpretation of these two statutory schemes, therefore, the conclusion becomes inevitable that when an employee suffers from a motor accident injury while on duty on the motor vehicle belonging to the insured employer, the claim for compensation payable under compensation act along with interest thereon if any, as imposed by ..... indemnify the insured against his legal liability as under: the workmen's compensation act, 1923 and subsequent amendments of that act prior to the date of this endorsement, the fatal accidents act, 1855 or at common law in respect of personal injury to any paid driver and/or conductor while engaged in the service of the insured in such occupation in connection ..... company that when it is statutorily and even contractually liable to reimburse the employer qua his statutory liability to pay compensation to the claimants in case of such motor accidents to his workmen, the interest on the principal amount which almost automatically gets foisted upon him once the compensation amount is not paid within one month from the ..... hold that the insurance company is liable to make payment of compensation as well as interest payable thereon for the delayed payment as part of legal liability arising out of the accident for which the insurer is liable to indemnify the insured employer under the insurance policy statutorily as well as contractually but he is not liable to indemnify the employer in respect .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003ACJ1061; 2001(2)WLN221
..... even assuming for the sake of arguments that the deceased was not engaged on the relevant date of accident in any profession, i am of the view that services rendered by her to the claimants, can safely be assessed at minimum of rs ..... 15,000/- per annum and the amount of compensation so arrived in the case of fatal accident claims shall be reduced by 1/3rd in consideration of the expenses, which the deceased would have incurred towards maintaining herself, had she been alive, viewed from this stand point, then also, it can safely be determined ..... the tribunal vide judgment and award impugned came to the conclusion that the aforesaid accident was the result of rash and negligent driving of truck by respondent no.2.(5). ..... 1 has been procured by the appellants after accident, since this appointment letter is dated 24th july 1990 which clearly stipulated with reference to application dated 4.7.90 that she was appointed on the post of manager at a fixed monthly salary of ..... 500/- and the said appointment was subject to the condition that she was to join dutybyoclober 1, 1990 but her tragic death resulted due lo aforesaid accident on 4.9.90, she could not take up the job. ..... in this case, the vehicle involved in accident was under a valid insurance and, therefore, the respondent ..... prior to the date of joining, she met with the aforesaid accident and succumbed to the injuries. ..... , passed by the learned motor accident claims tribunal, jodhpur, on short 'the tribunal') in motor accident claims case no. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003ACJ1076; 2002(2)WLC48; 2001(2)WLN409
..... nagendra sharma for about 6 months and he could gain conscious after a period of six months from the date of accident but on gaining the consciousness, it was revealed that appellant khemaram has lost is speech permanently, his memory has been impaired and as such, he has lost his memory as also head injury ..... thereafter he was again examined by the doctor on 4.3.89 and his general condition at the end of 34th day of accident, it was noticed that level of consciousness was unconscious, rigidity over both the upper limbs and abdomen muscles present, therefore, considering the general condition, the doctor opined that injury no.1 ..... the respondents are held liable jointly and severally, since the vehicle involved in the accident was validly insured with respondent no.3, therefore, respondent no.3 is directed to deposit compensation amount awarded together with interest, of-course, after adjustment of the amount paid, if any, already to the claimant within a ..... having regard to the circumstances in which he has been put after the accident, there can be no getting away from the fact that the claimant needed the service of some person ..... in view of the evidence discussed above, it can not be disputed that because of accident, appellant khemaram who is a minor boy of 7 years has become paraplegic/paralysis on account of ..... the tribunal on consideration of material on record came to the conclusion that the accident was the result of rash and negligent driving of the truck by respondent no .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001CriLJ2159
..... accompanied from his residence had taken om singh to the house of madho singh (one of appellants) on bullet motor bike and on next morning appellent nathu singh informed that om singh had been met with an accident and thereafter vikram singh (pw3) sher singh (pw1) and geeta kanwar (pw17) had firstly seen om singh in the hospital and therefore the circumstance of the deceased in the last company and last ..... . next question wrung out of prosecution evidence was that on 2-5-99 at about 7 am, nathu singh intimated sher singh that accident of om singh had taken place at khirni fatak but sher singh and vikram singh did not find om singh there while it was given out that om singh was taken to deep hospital to which lakhanlal ..... trial court further concluded that the death of deceased had taken place by sustaining injuries on his body and since the chances of his death in an accident were not proved, hence the possibility thereof as suggested by the defence is altogether ruled out ..... came to his house and informed him that his father had met with an accident and was lying wear khirni fatak, whereafter nathu singh went away. ..... consequently the theory of death in road accident suggested with a view to save the appellants seems to be more a matter of invention based on imagination than even a remote possibility warranted or could reasonably be justified on the ..... examination by defence counsel, the doctor (pw15) stated that abrasion and bruises are often caused in an accident on road, including head injury. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2001Raj232; 2001(2)WLC344; 2001(2)WLN260
..... 1238/1998 motor accident claims tribunal (2). .....
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