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Ibrahim And Ors vs Babu Lal on 16 February, 2021

Per contra learned counsel for the Insurance Company submits that the amount of income was not proved beyond doubt as no certificate of prior to date of accident was produced. He further submits that all the persons including the deceased and the proprietor of Bhagwat General Store are related to each other. Therefore, it can be presumed that the said document was prepared only to get the compensation in this case. However, learned counsel for the Insurance Company is not in a position to controvert the fact of recomputation of the award in the light of the judgment of Hon'ble Supreme Court in the case of National Insurance Company Limited V/s Pranay Sethi & Ors. (supra). S.B. Civil Misc. Appeal No.231/2002 Learned counsel for the appellant submits that no amount towards the loss of matrimonial aspects was awarded by the Tribunal in the present case though the appellant suffered permanent disability to the extent of 28%. He further submits that amount awarded towards the pain and suffering is also very less and the same is also required to be enhanced.
Rajasthan High Court - Jodhpur Cites 3 - Cited by 0 - V K Mathur - Full Document

Babu Lal vs Ibrahim And Ors on 16 February, 2021

Per contra learned counsel for the Insurance Company submits that the amount of income was not proved beyond doubt as no certificate of prior to date of accident was produced. He further submits that all the persons including the deceased and the proprietor of Bhagwat General Store are related to each other. Therefore, it can be presumed that the said document was prepared only to get the compensation in this case. However, learned counsel for the Insurance Company is not in a position to controvert the fact of recomputation of the award in the light of the judgment of Hon'ble Supreme Court in the case of National Insurance Company Limited V/s Pranay Sethi & Ors. (supra). S.B. Civil Misc. Appeal No.231/2002 Learned counsel for the appellant submits that no amount towards the loss of matrimonial aspects was awarded by the Tribunal in the present case though the appellant suffered permanent disability to the extent of 28%. He further submits that amount awarded towards the pain and suffering is also very less and the same is also required to be enhanced.
Rajasthan High Court - Jodhpur Cites 3 - Cited by 0 - V K Mathur - Full Document

Tulsa Ram And Ors vs Ibrahim And Ors on 16 February, 2021

Per contra learned counsel for the Insurance Company submits that the amount of income was not proved beyond doubt as no certificate of prior to date of accident was produced. He further submits that all the persons including the deceased and the proprietor of Bhagwat General Store are related to each other. Therefore, it can be presumed that the said document was prepared only to get the compensation in this case. However, learned counsel for the Insurance Company is not in a position to controvert the fact of recomputation of the award in the light of the judgment of Hon'ble Supreme Court in the case of National Insurance Company Limited V/s Pranay Sethi & Ors. (supra). S.B. Civil Misc. Appeal No.231/2002 Learned counsel for the appellant submits that no amount towards the loss of matrimonial aspects was awarded by the Tribunal in the present case though the appellant suffered permanent disability to the extent of 28%. He further submits that amount awarded towards the pain and suffering is also very less and the same is also required to be enhanced.
Rajasthan High Court - Jodhpur Cites 3 - Cited by 0 - V K Mathur - Full Document

Man Singh vs Abrahim And Ors on 16 February, 2021

Per contra learned counsel for the Insurance Company submits that the amount of income was not proved beyond doubt as no certificate of prior to date of accident was produced. He further submits that all the persons including the deceased and the proprietor of Bhagwat General Store are related to each other. Therefore, it can be presumed that the said document was prepared only to get the compensation in this case. However, learned counsel for the Insurance Company is not in a position to controvert the fact of recomputation of the award in the light of the judgment of Hon'ble Supreme Court in the case of National Insurance Company Limited V/s Pranay Sethi & Ors. (supra). S.B. Civil Misc. Appeal No.231/2002 Learned counsel for the appellant submits that no amount towards the loss of matrimonial aspects was awarded by the Tribunal in the present case though the appellant suffered permanent disability to the extent of 28%. He further submits that amount awarded towards the pain and suffering is also very less and the same is also required to be enhanced.
Rajasthan High Court - Jodhpur Cites 3 - Cited by 0 - V K Mathur - Full Document

Rajasthan State Road Transport ... vs Ramavatar Sharma S/O Narayan Tiwari ... on 13 December, 2022

While deciding the issue no.1, the learned Tribunal has recorded a categorical finding as to rash and negligent driving of the Corporation's driver based on the statement of Pappu Singh @ Laxman (AW-5), who was an eye witness to the incident as also the charge-sheet filed under Sections 279 & 304-A IPC against the driver and the material contained therein including the site plan. Merely because the deceased were riding on a motorbike cannot give a presumption of their contributory negligence as has been held by this Court in case of United India Insurance Company Limited Jodhpur (supra) wherein, this Court held as under:-
Rajasthan High Court - Jaipur Cites 6 - Cited by 0 - M K Goyal - Full Document

R.S.R.T.C vs Smt.Rasida And Ors. ... on 21 September, 2024

16. Insofar as CMA No.1456/2011 preferred by the appellant- Corporation assailing the judgment and award passed under Section 163-A of the M.V. Act is concerned, learned counsel for the respondents/claimants submits that the learned Tribunal has rightly deducted 1/3rd from the income of deceased, Sakeel, while taking into consideration the fact that father of deceased expired earlier and there were four dependents viz. mother, two sisters and one brother. Learned counsel for the respondents/claimants placed reliance on judgments passed in the cases of Mohammed (Downloaded on 23/09/2024 at 08:57:52 PM) [2024:RJ-JD:39290] (9 of 11) [CMA-796/2009] Siddique & Anr. v. National Insurance Company Ltd. & Ors. : Civil Appeal No.79/2020 decided on 08.01.2020, Sudhir Kumar Raman v. Surinder Singh & Ors. : ACTC 2008 (1) 567, RSRTC v. Kirandeep Kaur & Ors. : ACTE 2004 194, RSRTC v. Prakash Chand Bhargava & Ors. : ACTC 2007 (1) 314, Gopal Kanwar (Smt.) & Ors. v. Shravan & Ors. : ACTC 2015 (1) 493 and United India Insurance Co. Ltd. v. Smt. Santosh Devi & Ors. : SBCAM No.324/2010 decided on 15.04.2013.
Rajasthan High Court - Jodhpur Cites 9 - Cited by 0 - N Bhati - Full Document

Chairman,R.S.R.T.C.Jaipur vs Rasidana And Ors. (2024:Rj-Jd:39290) on 21 September, 2024

16. Insofar as CMA No.1456/2011 preferred by the appellant- Corporation assailing the judgment and award passed under Section 163-A of the M.V. Act is concerned, learned counsel for the respondents/claimants submits that the learned Tribunal has rightly deducted 1/3rd from the income of deceased, Sakeel, while taking into consideration the fact that father of deceased expired earlier and there were four dependents viz. mother, two sisters and one brother. Learned counsel for the respondents/claimants placed reliance on judgments passed in the cases of Mohammed (Downloaded on 23/09/2024 at 08:57:48 PM) [2024:RJ-JD:39290] (9 of 11) [CMA-796/2009] Siddique & Anr. v. National Insurance Company Ltd. & Ors. : Civil Appeal No.79/2020 decided on 08.01.2020, Sudhir Kumar Raman v. Surinder Singh & Ors. : ACTC 2008 (1) 567, RSRTC v. Kirandeep Kaur & Ors. : ACTE 2004 194, RSRTC v. Prakash Chand Bhargava & Ors. : ACTC 2007 (1) 314, Gopal Kanwar (Smt.) & Ors. v. Shravan & Ors. : ACTC 2015 (1) 493 and United India Insurance Co. Ltd. v. Smt. Santosh Devi & Ors. : SBCAM No.324/2010 decided on 15.04.2013.
Rajasthan High Court - Jodhpur Cites 9 - Cited by 0 - N Bhati - Full Document

Chairman,R.S.R.T.C.Jaipur vs Aabid Ahmed And Anr. ... on 21 September, 2024

16. Insofar as CMA No.1456/2011 preferred by the appellant- Corporation assailing the judgment and award passed under Section 163-A of the M.V. Act is concerned, learned counsel for the respondents/claimants submits that the learned Tribunal has rightly deducted 1/3rd from the income of deceased, Sakeel, while taking into consideration the fact that father of deceased expired earlier and there were four dependents viz. mother, two sisters and one brother. Learned counsel for the respondents/claimants placed reliance on judgments passed in the cases of Mohammed (Downloaded on 23/09/2024 at 08:57:50 PM) [2024:RJ-JD:39290] (9 of 11) [CMA-796/2009] Siddique & Anr. v. National Insurance Company Ltd. & Ors. : Civil Appeal No.79/2020 decided on 08.01.2020, Sudhir Kumar Raman v. Surinder Singh & Ors. : ACTC 2008 (1) 567, RSRTC v. Kirandeep Kaur & Ors. : ACTE 2004 194, RSRTC v. Prakash Chand Bhargava & Ors. : ACTC 2007 (1) 314, Gopal Kanwar (Smt.) & Ors. v. Shravan & Ors. : ACTC 2015 (1) 493 and United India Insurance Co. Ltd. v. Smt. Santosh Devi & Ors. : SBCAM No.324/2010 decided on 15.04.2013.
Rajasthan High Court - Jodhpur Cites 9 - Cited by 0 - N Bhati - Full Document

Chairman,R.S.R.T.C.Jaipur vs Rasida And Ors. (2024:Rj-Jd:39290) on 21 September, 2024

16. Insofar as CMA No.1456/2011 preferred by the appellant- Corporation assailing the judgment and award passed under Section 163-A of the M.V. Act is concerned, learned counsel for the respondents/claimants submits that the learned Tribunal has rightly deducted 1/3rd from the income of deceased, Sakeel, while taking into consideration the fact that father of deceased expired earlier and there were four dependents viz. mother, two sisters and one brother. Learned counsel for the respondents/claimants placed reliance on judgments passed in the cases of Mohammed (Downloaded on 23/09/2024 at 08:57:49 PM) [2024:RJ-JD:39290] (9 of 11) [CMA-796/2009] Siddique & Anr. v. National Insurance Company Ltd. & Ors. : Civil Appeal No.79/2020 decided on 08.01.2020, Sudhir Kumar Raman v. Surinder Singh & Ors. : ACTC 2008 (1) 567, RSRTC v. Kirandeep Kaur & Ors. : ACTE 2004 194, RSRTC v. Prakash Chand Bhargava & Ors. : ACTC 2007 (1) 314, Gopal Kanwar (Smt.) & Ors. v. Shravan & Ors. : ACTC 2015 (1) 493 and United India Insurance Co. Ltd. v. Smt. Santosh Devi & Ors. : SBCAM No.324/2010 decided on 15.04.2013.
Rajasthan High Court - Jodhpur Cites 9 - Cited by 0 - N Bhati - Full Document
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