Karnataka Court April 2009 Judgments
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H. Kanthamma and ors. Vs. S. Rudrappa and ors.
Court: Karnataka
Decided on: Apr-01-2009
Reported in: 2009(3)KCCR1936
V. Jagannathan, J.1. Heard the learned Counsel for the parties.2. M.F.A. No. 3254/2007 is filed by petitioners - 4, 5 and 6 before the M.A.C.T. and they are aggrieved by the award passed by the M.A.C.T. to the extent of directing the award amount being paid to petitioners -1 to 3 and dismissing the claim petition as against petitioners -4 to 6. Cross-objections is filed by the insurer questioning the liability put on it and, as both these appeal and cross-objections arise out of the same judgment of the M.A.C.T., they have been disposed of by this common judgment.3. The learned Counsel for the insurer in the cross-objections contended that the Insurance Company has satisfied the award amount but it may be given the liberty to recover the same from the insured because, deceased Siddappa was the pillion rider in the vehicle insured with the Insurance Company and relying on the Apex Court ruling reported in AIR 2008 SC 2729, it is argued that the liability on the Insurance Company will no...
The Managing Director Ksrtc, Bangalore. Vs. Lalithamma and ors.
Court: Karnataka
Decided on: Apr-01-2009
Reported in: 2009(3)KCCR1980
(MFA filed U/S 173 (1) of MV Act against the Judgment and Award dated: 7.8.2003 passed in MVC No.747/2000 on the file of the II Addl. Civil Judge (SR.DN.) & MACT-V, Bangalore Rural Dist., Bangalore, partly allowing the Claim Petition for Compensation).One Ramakrishna was on duty as a conductor in the KSRTC bus. A KSRTC lorry collided with the bus resulting in the death of Ramakrishna.The Tribunal has assessed the compensation as per the terms of the workmens compensation Act (for short the Act), which appears to be incorrect. The liability to pay compensation as per the Act would arise only in a case where policy issued as per the terms of Section 147 of the Motor Vehicles Act. Here, no such policy is issued. The KSRTC bus has got a self insurance fund. Therefore, the compensation has to be assessed and payable as per the general principles of tort.The wife and three minor children had filed petition seeking compensation. The KSRTC is in appeal challenging the quantum of compensation.T...
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