Court : Rajasthan
Reported in : 2000ACJ689; AIR1998Raj140; 1998(2)WLC414; 1998(1)WLN491
..... plea of sudden mechanical breakdown, sudden failure of brakes or the latent defect or inevitable accidents are special pleas within the personal knowledge of the drivers and the owners therefore ..... this court while dealing with a claim petition where a jeep skipped and fell in a ditch resulting in death of a passenger, the defence evidence adduced to the effect that the accident occurred due to break of tie-road was rejected on the ground that it was neither pleaded nor proved that jeep was regularly maintained in a road worthy condition by taking all necessary care ..... evidence to the effect that the jeep was in roadworthy condition on the ill-fated day of accident before commencement of its journey and respondents have taken all reasonable care yet defect remained hidden there was no legal justification for the claims tribunal to arrive at a finding that accident has not occurred due to rash and negligent driving of the jeep by the driver but it ..... the claimant-appellants that it was neither pleaded nor proved that the jeep in question which met with accident, causing death of dwarka prasad sharma was regularly maintained in a road worthy condition after taking all necessary ..... suffice it to observe that the claims tribunal while exercising its quasi-judicial power in determining compensation arising out of motor accidents are not justified to pick a piece of isolated statement of a witness and start placing reliance on it without reading whole of statement on oath specially on .....
Tag this Judgment!Court : Rajasthan
Reported in : 2(1988)ACC232
..... the accident was inevitable and there was no negligence on the part of the military truck ..... as a matter of fact when the new parts are being replaced on account of the accident and in that case it cannot be said that the owner of the vehicle has used the old parts and has availed their benefits and new parts are being replaced for this damaged ..... in this connection, learned counsel has invited my attention to rule 16 of the rajasthan motor accidents claims tribunal rules 1964 (hereinafter referred to as 'the rules') rule 16 reads as under:method of recording evidence.the claims tribunal shall as examination of witness proceeds make brief memorandum of the substance of the evidence of such ..... sisodia, learned counsel for the appellant, strenuously urged that the accident took place by the military truck of the appellant in discharge of sovereign function, therefore, the claimant is not entitled to any compensation against the ..... connection, the reference may be made to section 110-f of the motor vehicles act which have the jurisdiction of the civil court, meaning thereby that all the claims arising out the motor accidents should be disposed of by the tribunal only. ..... the learned judge, motor accidents claims tribunal, jodhpur after considering over the matter, came to the conclusion that non-claimant driver drove the truck in rash and negligent manner and caused damages to the truck of ..... an appeal against the award of the judge, motor accidents claims tribunal, jodhpur dated 13-10-82.2. .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2001)ACC252; 2002ACJ145; 2000(3)WLC357; 2000(2)WLN608
..... it, therefore, cannot be said by the insurance 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 date it fell due, would not be a ..... 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 the compensation act along with interest thereon, if any, as imposed by the commissioner, under sections 3 and 4-a(3)(a) of ..... if the order made by a single judge is a judgment and if the appropriate legislature has expressly or by necessary implication, not taken away the right of appeal, the conclusion is inevitable that an appeal shall lie from the judgment of a single judge under clause 10 of the letters patent of the high court. ..... employer is adjudicated upon by the commissioner and in either case the commissioner would be justified in directing payment of interest in such contingencies not only from the date of the award but also from the date of the accident concerned. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001ACJ950; 2001(2)WLC335; 2001(2)WLN286
..... up the effect on 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 ..... 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 : 2000ACJ54; (1998)IILLJ744Raj; 1998(2)WLC205; 1998(1)WLN16
..... when it is statutorily and even contractually liable to reimburse the employer qua his statutory 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 date it tell due, would not ..... 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 the compensation act alongwith interest thereon, if any as imposed by the commissioners under section 3 and 4a(3)(a) of the .....
Tag this Judgment!Court : Rajasthan
Reported in : 2006ACJ1291
..... remember of a case where for amputation of a leg the victim had received compensation by filing a claim petition at one place and after receiving few lakhs on that count, dared to file another claim for the same accident and injury at another distant place and it was only per chance that on account of yet third criminal litigation arising out of some misappropriation of the compensation amount, earlier awarded by some middle man, that fact ..... 1 that since she has already given in writing that the entire amount payable to her may be paid to the minor son dhruv, who was one and half years of age at the time of accident and is being looked after by grandparents, who are said to be quite affluent, i think it appropriate to direct that the amount directed by the learned tribunal to be put in fixed deposit in the name of the minor is required to be maintained as such ..... i feel that installation of such device is not likely to escalate the prices of the vehicles to any significant extent, but then, at the same time it will provide fool proof material to the motor accidents claims tribunal not only enabling it to decide the question of negligence or contributory negligence, but will also prevent effectively any spurious or simulated claims and avoid false and imaginative defences as well. ..... in that view of the matter the obvious and inevitable conclusion is that the accident is attributable solely to negligence of the driver of tatra and thus the findings of the tribunal on issue nos. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1982Raj30; [1983]54CompCas333(Raj)
..... supra) the supreme court has considered the law relating to the vicarious liability of the master for the wrongful act of his servant, in the particular context of motor accidents, and has laid down as under : (para 27)'the law is settled that a master is vicariously liable for the acts of his servant acting in the course ..... 2 and that but for the said negligence on the part of the driver of the truck the accident would not have occurred and that respondent no, 1 is vicariously liable for the said negligence on the part of the driver of the truck, who was ..... the claims tribunal has observed that the age of the claimant at the time of accident was 35 years and she is likely to survive for another 20 years and that the deceased, notwithstanding his marriage, would have continued extending financial help to the claimant ..... to be vicariously liable for the payment of compensation for the loss sustained by the claimant on account of the death of her son in the accident provided that the said accident was caused due to the negligence of any of the aforesaid employees of respondent no. ..... had acted negligently in leaving the ignition key in the ieep and that it was the real and effective cause of the accident and that the master was liable for negligence of its servant, viz. ..... vicariously liable for the payment of compensation, it will be necessary to determine whether the accident, which resulted in the death of the son of the claimant was caused toy the ..... conclusion is inevitable that negligent .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj224
..... the learned civil judge, here the entire bus was not destroyed, and, therefore, any value that could be obtained for the remaining parts of the bus as it was left after the accident has to be deducted from that value; or if the bus could be effectively repaired and put into service, the costs of repairs alone had to be awarded. ..... , therefore, read with the civil courts act undoubtedly empowered the courts in kotah to apply the principles of the indian fatal accidents act to cases arising before them, and the cause of action in the present case arose long after these enactments were ..... which was a glaring omission in the provincial berar laws act.the net result was that neither the fatal accidents act applied to berar, nor could the courts in a case of this nature act under the principles of justice, equity and good conscience within the meanof section 6 of ..... winfield in his text-book on tort observes:'when railways were coming into use in england, fatal accidents multiplied apace, and this made reform of the law imperative; as it stood, if there was to be an accident at all, the more people who broke their necks instead of being merely injured in it, the better for the railway company; for, while injured survivors could recover heavy damages ..... the plea raised by the defendant was that when the collison of the buses became inevitable, shri indra sen opened the door of the kotah bus, and jumped out, when at about the same time the jhalawar bus dashed against it and the kotah bus was .....
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). ..... while assessing damage, the court cannot base its opinion merely on speculation or fancy though conjectures to come extent are inevitable. ..... (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 : AIR1977Raj14
..... . the next submission of the learned counsel for the petitioner was that in the present case there was no urgent necessity or unavoidable accident and as none of the aforesaid two conditions was found to exist by the district registrar while passing the order dated august 23, 1972 condoning the delay in the presentation of the award under ..... . the first question which arises in this respect is as to whether the presence of urgent necessity or unavoidable accident are jurisdictional facts, on the existence of which alone the district registrar was authorised to entertain an application under section 25 and condone the delay or they are matters which fall to be decided ..... the aforesaid observations ii cannot be concluded that the existence of urgent necessity or unavoidable accident are matters relating to the jurisdiction of the registrar for exercise of his power ..... payment of fine, not exceeding ten times the amount of proper registration fee, in case the document is presented for registration after the prescribed period of four months, owing to urgent necessity or unavoidable accident, provided the delay in such presentation does not exceed a period of four months ..... . it was for him to decide in his discretion as to whether urgent necessity or unavoidable accident was proved to exist or not and even if it is assumed that he came to an errone-ous conclusion in respect of the exist-ence of one of the aforesaid circumstances, it would only amount to an error in the exercise of jurisdiction .....
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