Court : Rajasthan
Reported in : 2007ACJ420
..... .r.t.c. bus, he met with an accident having been hit by another truck and died because of injuries sustained in such accident and the claim for compensation is maintained only against the driver, owner and insurer of the offending truck. this court is clearly of opinion that these persons related to the truck and representing an ..... in the case particularly about the cause and liability towards accident, the quantum of compensation and as to whether the non-applicants were not liable for compensation in view of the objections taken in the reply?5. in oral evidence claimants examined mohan kan war (wife of the deceased) as aw 1, aman singh, aw 2 and anop ..... the claimants has further submitted that all the cases sought to be relied upon by the insurer relate to the claim for compensation from the employer and have no application to the facts of the present case. the learned counsel mr. pan-war submitted that the correct principles applicable to the present case would be as available from .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001ACJ950; 2001(2)WLC335; 2001(2)WLN286
..... 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 the commissioner, under sections 3 and 4-a(3)(a) of the ..... his own use. but liability to penalty for delay in payment of compensation is founded on absence of reasonable cause to fall in the category of liability arising out of failure to discharge statutory obligation by the insured.17. learned counsel for the respondents have placed reliance on roop kan-war's case 1991 acj 74 (rajasthan), and laid emphasis on the distinction .....
Tag this Judgment!Court : Rajasthan
Reported in : [1989]65CompCas353(Raj); 1987(1)WLN332
..... 4 but subject otherwise to the terms, exceptions, conditions and limitations of this policy, the company will indemnify the insured against liability at law for compensation (including law costs of any claimant) for death of, or bodily injury to, any person other than a person excluded under general exception no. 3 being carried in or upon or ..... claim any amount from new india assurance company for the death of munish kumar, because it is only when munish kumar is required to pay compensation, that the question of indemnifying by the insurance company can arise.39. however, so far as other passengers are concerned, namely, sulochana, anjana, nawal kishore and gopi ram, they would ..... 63 comp cas 721 (raj) mentioned therein would only mean that the division bench had its own doubt about the correctness of the proposition laid down in chand kan-war's case [1986] acj 269; [1988] 63 comp cas 721 (raj).33. in this connection, the following paragraph which occurs at page 122 may be referred:' .....
Tag this Judgment!Court : Rajasthan
Reported in : 2005ACJ1653; AIR2004Raj131
..... or his authorised representative being carried in a goods vehicle. on an erroneous impression this court came to the conclusion that the insurer would be liable to pay compensation in respect of the death, or bodily injury caused to either the owner of the goods or his authorised representative when being carried in a goods vehicle the accident occurred. ..... person who has been disqualified for holding or obtaining a driving licence during the period of disqualification; or(iii) a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion; or (b) that the policy is void on the ground that it was obtained by the non-disclosure of ..... so that it happens to be driven by an unlicensed driver.(3) the exclusion clause has to be 'read down' in order that it is not at war with the 'main purpose' of the provisions enacted for the protection of victims of accidents so that the promissor is exculpated when he does everything in his power .....
Tag this Judgment!Court : Rajasthan
Reported in : 2006ACJ2212
..... truck was twofold. one is that the persons travelling in the vehicle were gratuitous passengers or they were travelling unauthorisedly, therefore, the insurance company is not liable to pay the compensation amount. secondly, the case set up by the claimants is false so far as they pleaded that as many as 23 persons ..... other than labourers should have been permitted to travel in the truck as per the conditions of the policy, therefore, the appellant insurance company is not liable to pay the compensation amount. it is also submitted that the respondent pema ram was not holding valid licence to drive the vehicle which was involved in ..... injuries to bhan- war lal and laxman nath, pyari bai and dalpat ram. the tribunal, while deciding issue no. 2, held that there is no breach of conditions by the insured and further held that the insurance company failed to prove that the driver pema ram had no valid driving licence to drive the vehicle so as to claim exoneration from payment of the compensation .....
Tag this Judgment!Court : Rajasthan
Reported in : 2007ACJ2686
..... policy must clearly show that the liability of the insurance company in case of death of or bodily injury to the aforesaid kind of employees is not restricted to that provided under the workmen's compensation act.38. learned counsel for the respondent national insurance co. ltd., by way of written arguments, submitted that the insurance company has preferred the appeal on the ground that ..... by any person who has been disqualified for holding or obtaining a driving licence during the period of disqualification; or(iii) a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion; or(b) that the policy is void on the ground that it was obtained by the nondisclosure of a material fact or .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(2)WLC440; 2001(2)WLN21
..... (1)(b)(i) of the act of 1988 and would be termed as 'third party' and if such type of person suffers . any injuries, the insurance company would be liable to make compensation and it cannot escape from its liability by pleading that breach of the terms of the policy has laken place. 3. if there is breach ..... unauthorisedly - owner not laking specific stand that she had forbidden any other driver to drive truck and had forbidden driver to lake passengers - owner liable to pay compensation consequently insurer would also be liable.'(47). the himachal pradesh high couri in manjit singh vs. rattan singh and ors. (14), in a similar situation has held that if ..... any person who has been disqualified for holding or obtaining a driving license during the period of disqualification; or (iii) condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion; or (b) that the policy is void on the ground that it was obtained by the non-disclosure of .....
Tag this Judgment!Court : Rajasthan
Reported in : 1(1985)ACC466
..... deceased. the karnataka high court took the same view in raja v. oriental fire and general insurance co. 1981 a.c.j. page 374. the andhra ..... , the provisions of which may be applied for computing claim compensation under motor vehicles act, a husband is entitled to damages for loss of consortium. their lordships were of the opinion that the work 'injury' is a war of long import and cannot be restricted to mean mental injury only. it was held that apart from claiming mental damages ..... the claimants would be entitled to compensation in respect of any other injury suffered and one of the head of such injury is the loss of the society of the .....
Tag this Judgment!Court : Rajasthan
Reported in : [1989]65CompCas404(Raj)
..... the transferee whose name has not been registered as well as the registered owner are both jointly and severally responsible for the payment of compensation in addition to the liability of the driver and the insurance company.5. it is settled law that when a person is injured without any negligence on his part but as a result of the ..... may be dependent on him. thus, in the case of death, there is a liability which is to be deducted out of the compensation to be awarded to the dependants of the deceased. in the case of injury, there cannot be any such consideration at all. in the case of instantaneous death, there may not be agony and the ..... any person who has been disqualified for holding or obtaining a driving licence during the period of disqualification ; or (iii) a condition excluding liability for injury caused or contributed by conditions of war, civil war, riot or civil commotion, or (c) that the policy is void on the ground that it was obtained by the non-disclosure of a material .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2007)ACC502; 2008ACJ342; RLW2006(3)Raj2366; 2006(3)WLC659
..... mr. mathur, learned counsel appearing for the claimants raised a preliminary objection as to maintainability of this appeal at the instance of insurance company on the ground that the insurance company cannot contest the quantum of compensation on the grounds other than those mentioned in section 149(2) of the motor vehicles act, 1988. section 149(2) of ..... who has been disqualified for holding or obtaining a driving licence during the period of disqualification; or(iii) a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion; or(b) that the policy is void on the ground that it was obtained by the non-disclosure of ..... , (iii) permanent sensitive scar on the forehead, (iv) nerve damage to the facial muscle, and (v) head injuries resulting in severe headache, loss of concentration and loss of memory. the high court reduced the said compensation from rs. 8.0 lacs to rs. 2,50,800/-.14. in the case of east india hotels (supra), the .....
Tag this Judgment!