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Karnataka Court December 1996 Judgments

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Dec 02 1996

The Oriental Insurance Co. Ltd. Vs. N. Abbas Ali

Court: Karnataka

Decided on: Dec-02-1996

Reported in: ILR1997KAR2657

R.P. Sethi, C.J.1. In these Civil Revision Petitions and Miscellaneous First Appeals filed on behalf of the Oriental Insurance Company Limited, a prayer has been made to set aside the award in so far as it pertains to the insurance company, mainly on the ground of a Full Bench judgment of this Court in NATIONAL INSURANCE CO. LTD., v. DUNDAMMA, : ILR1991KAR2045 read with Rule 161 of the Karnataka Motor Vehicles Rules, 1963.2. The admitted facts of the case are that the lorry involved in an accident, which resulted in the death of Gangu Bai and Laxmi Bai, on whose behalf claim petition Nos. MVC 69/87 and 87/87 were filed, and injury to 22 passengers, was not a vehicle meant for the purposes of carrying passengers, but was a goods vehicle. The Motor Vehicles Accidents Tribunal, vide the order impugned in these CRPs and MFAs, found that as the passengers in the goods vehicle were carrying firewood, for which they had paid fare and luggage charges, were entitled to be paid compensation for ...


Dec 02 1996

Ramu Kallappa Kiwada Vs. U. Ramadas Naik and ors.

Court: Karnataka

Decided on: Dec-02-1996

Reported in: 1997ACJ1212; 1997(2)KarLJ278

H.N. Tilhari, J.1. This appeal under Section 173(1) of the Motor Vehicles Act, 1988, has been preferred by the claimant-appellant, from the judgment and award dated 11.9.1991 and the grievance of the appellant is that the compensation awarded to him is unjust and too meagre and insufficient.2. The facts of the case in brief are that on 23.12.1988 injuries were caused to the claimant-appellant in the accident which according to the claimant-appellant, occurred on account of rash and negligent driving of the truck bearing registration No. MEG 7669 driven by the respondent No. 1 and belonging to the respondent No. 2 and insured by the respondent No. 3. The accident occurred on 23.12.1988 at 17.30 hours (5.30 p.m.) at Poona-Bangalore road near Hitni cross in village Kanagala. The claimant's case has been that, as a result of the occurrence, the claimant suffered injuries including fractures of collar bone and right leg as well as resulting in amputation of his left leg from knee. The claim...


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