Court : Rajasthan
Reported in : II(2002)ACC687; 2003ACJ1961; 2001(2)WLC520
..... muniam babu 1999 acj 1105 (sc), the apex court has held that for fixing the amount of compensation in cases of accident, it involves some guesswork, some hypothetical consideration and some amount of sympathy linked with the nature of disability caused. ..... he was never deputed to drive the said vehicle at the time and, therefore, the driver cannot be said to be in the course of employment and even if, assuming the accident to have been caused by the driver because of his negligence, in such a situation, the municipal board cannot be held to be liable. ..... 1995 acj 366 (sc), held that whenever a tribunal or 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.14. ..... , executive officer who had stated that even though the accident was caused, but the driver was taking the vehicle without permission of the board ..... claimant-respondent had suffered injuries because of the accident with fire engine on 10.4.1989, being driven by jag-dev kumar and belonging to the municipal board, ..... 977.80 had been awarded to the claimant-respondent because of serious injuries suffered in accident occurred on 10.4.1989 when the fire engine no. ..... though this appeal was filed by the municipal board, jhunjhunu against the claimant-respondent for setting aside the award dated 22.7.1995 passed by the motor accidents claims tribunal, jhunjhunu whereby an amount of rs. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(2)WLC390; 2007(2)WLN339
..... unfortunately, he met with an accident for which he was punished with 28 days quarter guard and recovery of rs. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003ACJ761; 2001(4)WLC183
..... it is established on the material on record that it was the insured who had wilfully violated the condition of the policy by allowing a person not duly licensed to drive the vehicle when the accident took place, the insurer shall be deemed to be a judgment-debtor in respect of the liability in view of sub-section (1) of section 96 of the motor vehicles act, 1939.9. ..... the words 'permanent driving licence' were incorporated in the insurance policy, the insurance company was not liable as the scooter was driven by a person who was holding a learner's licence.accident in mandar madhav tambe's case involved two scooters, one was being driven by the claimant and the other by respondent no. 3. ..... questioning the findings dated 27.4.2000 of motor accidents claims tribunal, beawar, the appellant insurance company canvassed that as the driver of the offending vehicle did not have a valid driving licence, the appellant insurance company ought to have been absolved from liability ..... tribunal came to the conclusion that the accident had occurred due to negligence of respondent ..... contextual facts depict that on account of accident caused by bija ram, the driver of ..... as a result of the accident claimant suffered some injuries and he filed ..... the evidence of inspector of police who investigated the accident. ..... , the learned counsel the appellant company deserves to be absolved from liability to pay compensation on the following grounds:(i) driver was not having valid driving licence at the time of accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003ACJ1514; 2001(2)WLN416
..... the tribunal after holding trial of the case, came to the conclusion that the accident in question was solely because of rash and negligency of the driver of the bus belonging to corporation. ..... shankar lal & others, whereby the learned single judge reduced the compensation awarded by the motor accident claims tribunal, balotra, (hereinafter referred to as 'the tribunal') for enhancement.(2). ..... in this case, the vehicle involved in accident was under a valid insurance and, therefore, respondent no.3 is directed to deposite the aforesaid amount of compensation within two months frorn the date of judgment with the tribunal. ..... meena kumari, daughler at the time of accident aged about 1 year and 5 years respectively. ..... shanti devi on the relevant date of accident was 30 years of age and used to contribute minimum of rs. ..... even assuming for the sake of arguments that the deceased was not engaged on the relevant date of accident in any profession. ..... due to aforesaid accident, her legal representalives i.e. ..... now comes what method should be adopted for determination and for calculation of compensation, in the fatal accident case. in g.m. ..... section 163-a in motor vehicles act, 1988, whereby the compensation on structural formula basis is provided in second schedule, wherein it has also been provided that notional income for compensation to those, who had no income prior to accident is taken to be rs. ..... shanti devi, she was young lady of 30 years of age at the relevant time of the accident. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(2)WLC468; 2001(2)WLN406
..... more so the income which deceased used to make at the time of accident would not have frozen for all time to come and it would have reasonably beenenhanced, therefore, taking into account the totality of facts and circumstances of the instant case, we are of the considered opinion that ..... the motor accident claims tribunal, balotra, (for short the tribunal) after holding the trial held that the aforesaid accident was as a result of rash and negligent driving by the driver of the aforesaid bus owned by the corporation and awarded rs. ..... undisputedly the age of the deceased was 49 years at the time of accident. in u.p. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003ACJ289
..... the driver's story is believed to the extent that because of the truck he had to go to the left side where the accident had been caused, it cannot be said that this claimant was at fault or any contributory negligence can be attributed to her. ..... been given for physical and mental pain; (5) that the leg of the appellant was shortened by two inches and there was 44 per cent permanent disablement due to this accident; (6) that she would definitely be handicapped in getting good match in marriage and the future was in frustration and disappointment.4. ..... coming to the point of negligence and in view of the statement of girl, immediately after the accident, she had become unconscious and when she opened her eyes she was in the hospital and some bottle of liquid was being injected ..... 1 had taken up the plea in the written statement that the accident had not been caused because of the negligence of the driver of the bus but because of the reason that the claimant and another girl were not properly walking on the road and ..... had been produced by the claimant in regard to accident where the respondent had produced only one witness, ..... rajjan singh, aw 3, is an eyewitness about the accident and had also deposed about the pitiable condition of the ..... however, he has admitted that the accident had been caused at the left side of ..... the driver after the accident the girl was walking ..... filed by priti against the defendants challenging the award of the motor accidents claims tribunal, bharatpur in m.a.c. no. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(4)WLC261; 2001(2)WLN515
..... the accidental slip or omission is an accident slip or omission made by the court. .....
Tag this Judgment!Court : Rajasthan
Reported in : II(2001)ACC66; 2002ACJ1122
..... the said tata estate car caused accident with the scooter, on which the present appellant was sitting. ..... the claimant salma bano was injured in an accident on 13.1.1994 when she was hit by a tata estate car no. ..... appeal has been preferred by claimant-appellant for enhancement of compensation against the award dated 7.7.1997 passed by the motor accidents claims tribunal, kota, in m.a.c. ..... since the present appeal is concerned with enhancement of amount awarded by the tribunal, therefore, there is hardly any necessity to go into other aspects of negligence or as to how the accident was caused. ..... as a result of accident, the claimant sustained injuries and remained admitted in the hospital from 13.1.1994 to 24.1.1994 and is said to have suffered compound fracture in tibia-fibula of the right leg. .....
Tag this Judgment!Court : Rajasthan
Reported in : II(2001)ACC134; 2002ACJ1424; 2001(2)WLC163; 2001(4)WLN459
..... halke aw 2 and mohar bai aw-3 it was stated that right from the very beginning of the case, the driver of the truck was gopal singh, but the police investigation had shown that the accident had been caused by kirori, against whom the claimants had filed a complaint under section 302 ipc. ..... insurance company that the insurance company had mentioned that as per the information received by it, the accident had been caused by one kirori son of bhurya who had not been made party. ..... bai, the wife of the deceased in naturally was not in a position to depose the facts as to how the accident had occurred as admittedly she was at that time in her own house of her parents.14. ..... the issues were framed in regard to the fact whether the accident had been caused by the offending truck causing the death of ramsingh and ..... for the reasons mentioned above, i hold that the accident had been caused because of the sheer negligence of the truck driver owned by gheesaram nemichand and insured by the new india insurance company ltd. ..... him gopal singh was the driver who was driving the truck negligently and rashly and that he had caused the accident, report of which was given to the police station karauli. ..... of course she was not present at the place of the accident and clearly admits that whatever she had stated, was as she was told and had heard ..... above narrated facts the following facts are admitted:(1) that the deceased ram singh had died because of the accident; (2) the accident had been caused by the truck no. .....
Tag this Judgment!Court : Rajasthan
Reported in : II(2001)ACC694; 2002ACJ1771; 2001(4)WLC341; 2002(2)WLN418
..... appeal has been filed by the widow of major brij bhushan sharma deceased and the daughter and son of such deceased for enhancement of compensation as awarded by the motor accident claims tribunal, kotputli vide its order dated 6.2.1998, whereby the motor accident claims tribunal (here-in-after referred to as the tribunal) had awarded an amount of rs. ..... 1 on the point of negligence had come to a finding that the accident has been caused because of the negligent driving of not only the bus but both the trucks as well. ..... the deceased had died in the accident on 24.6.1989 near village bhabharu tehsil kotputli. ..... rna 4515 coming from front side also dashed because of the said accident of the bus of rsrtc. .....
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