Court : Rajasthan
Decided on : Aug-08-1984
Reported in : 1(1985)ACC97
S.N. Bhargava, J. 1. This is an appeal under Section 110D of the Motor Vehicles Act against the order dated 9-2-1972 passed by the Motor Accidents Claims Tribunal, Jaipur rejecting the claim petition of the appellants.2. The accident took place on 26-9-1968 at a distance of 61/2 miles from Jaipur on Jaipur-Ajmer road when roadways bus RJL 696 3 and a private bus DLP 3487 collided against each other. The driver of private bus was killed and some passengers in the roadways bus also died, while some were injured. The private bus was insured with the Life Insurance Corporation of India.3. Three claim petitions were filed, which were disposed of by the impugned order dated 9-2-1972. The appellants had preferred the claim, which was registered as claim No. 50 of 1968. Pritam Singh who was driving private bus DLP 3487 had died during the accident and the present appellants who were the legal representatives of the deceased Pritam Singh filed the claim for a sum of Rs. 70,000/- against the Raj...
Tag this Judgment!Court : Rajasthan
Decided on : Jan-16-1984
Reported in : 1984WLN585
G.M. Lodha, J.1. All the petitioners mentioned above claim to be the Managers of the Primary Agriculture Credit Co-operative Socities in Bharatpur District holding substantive posts and alleged that they are permanent employees. They have now received the orders which are impugned orders issued by the Managing Director, Central Co-operative Bank Ltd. Bharatpur directing their compulsory retirement under Rule 17 of the Krishi Rin Datri Sahkari Samitiyon ke Vyavasthapakon ke Chayan, Niyukti and Seva Niyam, 1977 thereinafter referred to as, `the Rules, 19J7) in pursuance of the decision of the Committee. A specimen copy of the order passed in Ismail Khan's case is reproduced hereunder for ready reference:dk;kZy; nh Hkjriqj lsUVy dksvksijsfVo cSd fy0] Hkjriqjdzekad@_.k@293 fnukad 8&1&83 14&2&83Jh blekbZy [kak O;oLFkkid xzke lgdkjh lfefr fy0 }kjklgk;d vf/k'kk'kh vf/kdkjh i0 lfefr uxjfo'k; & vfuok;Z lsok fuo`fRr ckcr Afnukad 8&7&83 dks desVh dh cSBd gqbZ A ftl cSBd es vkidk ekeyk izLrqr gqvk...
Tag this Judgment!Court : Rajasthan
Decided on : May-15-1984
Reported in : [1987]163ITR278(Raj)
Agrawal, J.1. The Income-tax Appellate Tribunal, Jaipur Bench, Jaipur (hereinafter referred to as 'the Tribunal'), by its order dated February 19, 1972, passed under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), has referred the following questions arising out of the order of the Tribunal dated June 1, 1970, in Income-tax Appeals Nos. 666 and 667 of 1968-69, for the opinion of this court:'1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in law in holding that the shares of the assessee corporation were not preference shares ?2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the mistakes in the original assessments in not reducing the rebates on super-tax for the assessment year 1964-65 and income-tax for the assessment year 1965-66, with reference to the dividends declared by the assessee, were mistakes apparent from the records wi...
Tag this Judgment!Court : Rajasthan
Decided on : Oct-19-1984
Reported in : 1985(1)WLN415
G.M. Lodha, J.1. Urbanisation with auto revolution is not unmixed good. Accidents, death traps and blood baths are a few amongst other evil effects of it. One has to live dangerously. Now the traditional facts.2. At about 9.30 p.m. on 16th July, 1978, a fatal accident was witnessed near Niros Restaurant, Mirza Ismial Road, Jaipur, Girraj Prasad Agarwal was the unfortunate victim, who died on account of this accident.3. The deceased along with his nephew was coming towards Niros Restaurant on Mirza Ismail Road, one of the busiest place in Jaipur. The Rajasthan State Road Transport Corporation's Bus No. RRG 1957 dashed against the said scooter causing this accident. It was being driven by Mubarak Ali, an employee of the Corporation.4. The deceased was an Electrical Engineer having passed Diploma in First Division and was serving as Manager in K.K. Mills, Jaipur, on a salary of Rs. 1800/- per month. He was also partner in M/s. P.J. Textiles and was getting share in profits. At the time of...
Tag this Judgment!Court : Rajasthan
Decided on : Oct-19-1984
Reported in : 1(1985)ACC466
Guman Mal Lodha, J.1. Urbanisation with auto revolution is not unmixed good. Accidents, death traps and blood baths are a few amongst other evil effects of it. One has to live dangerously. Now the traditional facts.2. At about 9.30 p.m. on 16th July, 1978, a fatal accident was witnessed near Niros Restaurant, Mirza, Ismil Road, Jaipur, Girraj Prasad Agrawal was the unfortunate victim, who died on account of this accident.3. The deceased along with his nephew was coming towards Niros Restaurant on Mirza Ismail Road, one of the busiest place in Jaipur. The Rajasthan State Road Transport Corporation's Bus No. RRG 1957 dashed against the said scooter causing this accident. It was being driven by Mubarak Ali, an employee of the Corporation.4. The deceased was an Electrical Engineer having passed Diploma in it in First Division and was serving as Manager in K.K. Mills, Jaipur, on a salary of Rs. 1800/- per month. He was also partner in M/s. P.J. Textiles and was getting share in profits. At ...
Tag this Judgment!Court : Rajasthan
Decided on : Sep-03-1984
Reported in : AIR1986Raj18; 1985(1)WLN461
Guman Mal Lodha, J.1. This appeal has been filed by the New India Assurance Company, Branch Office, Alwar, the insurer and Madan Lal Saini, the owner of the vehicle, truck No. RJA 5088 involved in an accident which took place on 9th March, 1979 near Station Road, Alwar, by which Dhanniram, the deceased, aged 18 years, was knocked down. Nasru Khan, the respondent No. 3, was the driver of the truck. Dhanniram died on account of the injuries sustained during the accident and the Tribunal has found that the driver was driving the truck rashly and negligently, on account of which the accident took place.2. Before the Tribunal, after the evidence was recorded, the Tribunal awarded an amount of Rs. 21,000/- to the claimants, namely, Ramdayal father and Smt. Umrawati, mother of Dhanniram deceased.3. Before this Court, in this appeal, cross-objection has also been filed by the father and mother of the deceased who are aggrieved by the compensation awarded in their favour as according to them, i...
Tag this Judgment!Court : Rajasthan
Decided on : Sep-28-1984
Reported in : AIR1986Raj2
Guman Mal Lodha, J. 1. This is a claimants appeal against the Award passed by the Motor Accident Claims Tribunal, Alwar in case No. 54/78. The award of compensation is of Rs. 55,498.20 p. for the death of Ranchhormal, Administrative Officer in Finance Department of National Insurance Company, Jaipur.2. Ranchhormal was 40 years of age and was getting Rs. 1,850/- per month as salary in addition to the benefit of provident fund, gratuity, medical aid, travelling allowance, bonus, etc. The age of retirement was 60 years. The deceased was Senior Administrative Officer and his chances for further promotion were bright in the near future.3. It would be now relevant and useful to mention the facts leading to this accident. On 18th Jan., 1978, the deceased was coming to Jaipur from Delhi travelling in bus No. DLP 5% which is said to have become out of order in the way near Behror. Thus, when the said busNo. DLP 596 was standing at the one side of the road, the deceased went on the other side of...
Tag this Judgment!Court : Rajasthan
Decided on : Jul-16-1984
Reported in : 1985(1)WLN490
S.N. Bhargava, J.1. This is an appeal Under Section HOD of the Motor Vehicles Act against the Motor Accident Claims Tribunal. Bundi allowing compensation amounting Rs. 19,400/- to the claimants.2. One Kalu son of Deva Bheel died in an accident which took place on 30-9-1969. At the time of the accident, one truck was standing on the main road facing towards Bundi near the crossing from where the side road goes to Sathur from behind the truck when the jeep pick-up No. RSL 5699 was coming from Bundi side going towards Deoli. The jeep came at fast speed and accident took place and deceased Kalu died on the spot. The widow of Kalu and other family members of Kalu filed an application Under Section 110A of the Motor Vehicles Act for compensation amounting to Rs. 67,000/-. It is pleaded that the jeep was driven at a fast speed carelessly and negligently. The jeep No. RSL 5699 belonged to the Rajasthan State Road Transport Corporation & the driver of the said vehicle was also an employee of th...
Tag this Judgment!Court : Rajasthan
Decided on : Sep-19-1984
Reported in : 1(1986)ACC17
G.M. Lodha, J.1. These two cross appeals have been filed by the R.S.R.T.C. and Smt. Vidhya Sharma, against the award of the Motor Accident Claims Tribunal dated 17-12-1980.2. One Kailash Sharma, now deceased was milk seller. On 3rd September, 1978, at 4.00 a.m. Kailash Sharma, with Suresh and Narendra wanted to go to Jaipur from Village Gidani. They stood in the Katcha' near the road and gave signal to bus No. RSM 961 to stop and pick them up. The bus driver was driving the vehicle rashly and he struck Kailash on account of which he died on the spot. The bus was being driven by Damodar Prasad.3. The defence of the Corporation is that the accident happened due to negligence of Kailash Sharma. Near Gidani, stand 5 and 6 persons were standing. When the bus came nearer they came on road and raised their hands to stop the bus when the bus did not stop then they started running hither and thither and 4 to 5 persons ran away on the left side and one on the right side which was wrong side. Thi...
Tag this Judgment!Court : Rajasthan
Decided on : Aug-24-1984
Reported in : [1987]62CompCas486(Raj)
Guman Mal Lodha, J.1. These two appeals have been filed against the award of the Accidents Claims Tribunal, Jaipur, in Accident Claims Case No. 11 of 1977. The accident took place on September 16, 1972. Kumari Sneh Lata was travelling in bus No. RRL 8548 and was coming to Jaipur from Veer Hanuman Samod village. Bus No. RRL 8548 was being driven by Surajnarain, driver. In the south of Chemu village at a distance of one mile, another bus No. RRL 3804 which was being driven by Tarachand, driver, collided with bus No. RRL 8548. Bus No. RRL 8548 after the accident struck a telephone pole. Kumari Sneh Lata who was travelling in bus No. 8548 was injured and her right hand was completely cut and she fell down on the ground.2. A claim for Rs. 1,31,000 was made by Sneh Lata. Bus No RRL 8548 and No. RRL 3804, both are insured with M/s. Anand Insurance Co., Jaipur, a unit of M/s. New India Insurance Co. separately.3. The Tribunal, after recording of the evidence, came to the conclusion that Sneh L...
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