Court : Karnataka
Reported in : 2007ACJ1497
..... sustained or death caused to gratuitous passengers, fare paying passengers, and owner of the goods or his representative who travels in the goods vehicle, when that vehicle meets with an accident.2) in claims covered under the provisions of the motor vehicles act, 1988, arising from 1-7-1989 till 14-11-1994, the day the amendment act came into force, the insurance company ..... is the liability of the insurance company in the event of any employee of the insured of the goods vehicle is injured, who is carried in the vehicle, when the said vehicle is the cause of the accident which took place on 16.5.1990?2) what is the liability of the insurance company in so far as payment of compensation for the injuries sustained by an authorized representative of the owner of the goods carried in ..... contrary contained in section-ii-1(c) it is hereby declared and agreed that the company will indemnify the insured against his legal liability other than liability under statute (except fatal accident act 1855) in respect of death of or bodily injury to any person not being an employee of the insured nor carried for hire or reward provided the person is(a) the owner or ..... (2) subject to the proviso to sub-section (1), a policy of insurance referred to in sub-section (1), shall cover any liability incurred in respect of any accident, up to the following limits, namely,-(a) save as provided in clause (b), the amount of liability incurred;(b) in respect of damage to any property of a third party, a limit of .....
Tag this Judgment!Court : Karnataka
Reported in : 1994ACJ863; AIR1994Kant338; ILR1994KAR891; 1994(4)KarLJ372
..... the schedule and notwithstanding anything to the contrary contained in schedule-ii it is hereby understood and agreed that the company will indemnify the insured against his legal liability other than liability under statute (exceptfatal accident act 1856) in respect of death or bodily injury to any person not being an employee of the insured nor carried by him or reward provided the person is, (a) the owner or the representative of the owner ..... that he shall not carry passengers in the goods vehicle and yet he carries passengers relying on clause 14 (b) which authorises non-fare paying passengers to travel in such a vehicle on payment of additional premium, in the event of an accident to the vehicle causing death or bodily injury to a passenger in it, whether the insurer is liable for indemnifying the insured in such a case is the question to be considered.21 ..... is true that section 149(2)(a) is held to provide that the insurer may undertake risk of indemnifying the insured in the event of a passenger dying or injuring in the accident involving his goods vehicle in case the insurer offers to accept the contract in a way which is beneficial as is done in this case by accepting additional premium ..... at page 2085 it extracted the provision in the policy relating to legal liability for accidents to non-fare paying passengers who are employees of the insured, but not 'workmen' under the workmen's compensation act and any other non-fare paying passengers wherein additional premium to be paid .....
Tag this Judgment!Court : Karnataka
Reported in : II(2000)ACC764; 2001ACJ1258; AIR2000Kant269; ILR2000KAR1613; 2000(4)KarLJ237
..... , notwithstanding any other provision of law to the contrary, be liable to pay compensation to the extent set out in sub-section (2) and to that extent only for loss occasioned by the death of a passenger dying as a result of such accident, and for personal injury and loss, destruction or deterioration of animals or goods ownedby the passenger and accompanying the passenger in his compartment or on the train, sustained as a result of such ..... railway administration shall, notwithstanding anything contained in any other law, be liable to pay compensation to such extent as may be prescribed and to that extent only for toss occasioned by the death of a passenger dying as a result of such accident, and for personal injury and loss, destruction, damage or deterioration of goods owned by the passengers and accompanyinghim in his compartment or on the tram, sustained as a result of such ..... the amount of compensation payable under section 82-a of the old act (corresponding section is 124 of the indian railways act, 1989) is to be determined on the basis of the statutory rules as those stood on the date of accident or the same needs to be determined in accordance with the amendments made to the said rules during the pendency of the claim proceedings. ..... since in the present case, though the impugned order has been passed after almost 10 years, from the date of accident but since there is no material before us to ascertain as to under what circumstances and for whose fault the proceedings were .....
Tag this Judgment!Court : Karnataka
Reported in : I(2001)ACC293; 2001ACJ691; AIR2000Kant344; ILR2000KAR3372; 2000(6)KarLJ208
..... administration shall, notwithstanding anything contained in any other law, be liable to pay compensation to such extent as may be prescribed and to that extent only for loss occasioned by the death of a passenger dying as a result of such accident, and for personal injury and loss, destruction, damage or deterioration of goods owned by the passenger and accompanying him in his compartment or on the train sustained as a result of such ..... shall be such as the 'claims tribunal may after taking into consideration medical evidence, besides other circumstances of the case, determine to be reasonable: provided that if more than one injury is caused by the same accident, compensation shall he payable in respect of each such injury: provided further that the total compensation in respect of all such injuries shall not exceed rupees forty thousand. ..... provides that the railway administration shall be liable to pay compensation for death and for personal injury and lossof accompanying goods owned by the passenger sustained as a result of such accident whether or not there has been any wrongful act, neglect or default on the part of the railway administration. ..... , being either a collision between trains of which one is a train carrying passengers or the derailment of or other accident to a train or any part of a train carrying passengers, then whether or not there has been any wrongful act, neglect or default on the part of the railway administration such as would entitle a passenger who has been .....
Tag this Judgment!Court : Karnataka
Reported in : 2008ACJ2396; 2007(6)KarLJ589; AIRKarR27.
..... 150/-and notwithstanding anything to the contrary contained in section ii-i (c) it is hereby understood and agreed that the company will indemnify the insured against his legal liability other than liability under statute (except fatal accident act, 1855) in respect of death of or bodily injury to any person not being an employee of the insured and not a carried for hire or reward provided that the person is:(a) charterer or representative of the charterer or of the truck;(b) any ..... it is his primary contention that the as a result of the accident an injury has occurred to a gratuitous passenger carried in a goods vehicle. ..... the injured person in the accident being a gratuitous passenger, the liability did not require coverage of any such risk. ..... admittedly, the accident has occurred in the year 1993 and well prior to the amendment act 54 of 1994. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1992Kant3
..... and notwithstanding anything to the contrary contained in section ii-1(c) it is hereby understood and agreed that the company will indemnify the insured against his legal liability other than liability under statute (except the fatal accidents act 1855), in respect of death of or bodily injury to any person not being an employee of the insured nor carried for hire or reward whilst being carried in or upon or entering or ..... anything to the contrary contained in section ii-1(c) it is hereby understood and agreed thai the company will indemnify the insured against his legal liability other than liability under statute (except fatal accident act 1855) in respect of death of or bodily injury to any person not being an employee of the insured nor carried for hire or reward 'provided the person is' (a) the owner or representative ..... said cases, the insurance company had contended that it was not liable to pay compensation awarded in as many as 16 claim petitions on the ground that at the time of accident the vehicle was not being used by the owner but he had given the vehicle on hire to an educational institution whose employees were being carried in the vehicle and therefore there ..... give a free lift to all the passengers on the ground that they are going for a holy place or to attend a function or to attend a jatra, and in the course of the journey the accident takes place and the claims for compensation arise on account of death or bodily injury to the persons who are travelling in such vehicle. .....
Tag this Judgment!Court : Karnataka
Reported in : 1998(6)KarLJ67
..... das') to continue as the director of the sanjay gandhi institute of accident and rehabilitation and physical medicine, bangalore, (in short 'the institute') after 19-6-1997, the date on which, according to the petitioner, his tenure to the post expired.2. ..... parangusa das is appointed as director of sanjay gandhi accident hospital and research institute, bangalore, for a period of 5 years or till he attains 62 years of age, whichever is earlier from the date he assumes charge on contract basis as per the resolution no. ..... the institute is established by the 'bangalore accidents rehabilitation and other services' (in short 'the society'), which is a registered society under the provisions of the karnataka societies registration act, 1960. ..... 05 of governing council of sanjay gandhi accident hospital and research institute. ..... , of the employees of the institute called 'sanjay gandhi institute of accident rehabilitation and physical medicine. .....
Tag this Judgment!Court : Karnataka
Reported in : II(2001)ACC512; 2002ACJ189; 2001(2)KarLJ629
..... when i apply these principles to the present case, then looking to the age of the deceased to be 29 years on the date of accident, he would have continued in service had he been alive at least up to the age of 58 years and he would have prospects of promotion and chances of promotion. ..... it further found that the respondents failed to prove any contributory negligence and the sole cause of accident, according to the tribunal, was rash and negligent driving of the bus bearing no. ..... the tribunal, after considering the evidence, held that the accident in question had taken place on the date and time and place as alleged on account of rash and negligent driving of the bus bearing no. ..... that apart from the above, even on merits in the present case, the deceased, at the time of accident, was a mechanical engineer and he was getting a monthly salary of rs. ..... 4,65,300-00 by the motor accident claims tribunal towards the loss of dependency is excessive and is not in keeping pace with the principles and law of assessment of compensation for dependency and this amount is excessive. ..... by this petition under articles 226 and 227 of the constitution of india, the petitioner-insurance company has sought to challenge the award granted by the motor accident claims tribunal in m.v.c. no. ..... the accident in question had taken place on 21-11-1993 at about 3-10 p.m. ..... cng-9385 and muralidhar died on account of accident. .....
Tag this Judgment!Court : Karnataka
Reported in : 2000ACJ228
..... the tribunal held that in addition to the owner of the vehicle as there has been a valid coverage of insurance at the time of accident in this case and so insurance company was and has been liable for payment of damages in each of the three cases and gave ..... 2296, 2297 and 2298 of 1993, as there was no insurance of the vehicle in question according to it on 9.1.1989, that is, the date of accident, so the insurance company pleaded it is not liable to pay any compensation amount nor liable to indemnify the owner of the involved oil tanker and prayed for dismissal of the case against the ..... ramananda shenoy have died on account of the injuries sustained by them in the vehicular accident in question, which had taken place on account solely of rash and negligent driving of the oil tanker by the driver of ..... learned counsel for the insurance company, appellant, contended that the accident did take place on 9.1.1989 and on that date the vehicle was not covered by third party insurance and so the insurance company was not liable to pay any amount towards compensation in ..... (3) whether the petitioners prove that in the above said accident the deceased padmanabha sustained grievous injuries to his person and succumbed to the same ..... 2013 of 1993 submitted that the findings on question of accident being caused on account of negligence of the driver of the oil tanker and the finding that the injuries have been caused to the present injured appellant have been of grievous nature, that is, fracture .....
Tag this Judgment!Court : Karnataka
Reported in : I(1995)ACC69
..... schedule and notwithstanding anything to the contrary contained in schedule-ii it, is hereby understood and agreed that the company will indemnify the insured against his legal liability other than liability under statute (except fatal accidents act 1856) in respect of death or bodily, injury to any person not being an employee of the insured nor carried by hire or reward provided the person is-(a) the owner or the representative of the owner of ..... that he shall not carry passengers in the goods vehicle and yet he carries passengers relying on clause 14(b) which authorises non-fare paying passengers to travel in such a vehicle on payment of additional premium, in the event of an accident to the vehicle causing death or bodily injury to a passenger in it, whether the insurer is liable for indemnifying the insured in such a case is the question to be considered.21 ..... is true that section 149(2)(a) is held to provide that the insurer may undertake risk of indemnifying the insured in the event of a passenger dying or injuring in the accident involving his goods vehicle in case the insurer offers to accept the contract in a way which is beneficial as is done in this case by accepting additional premium ..... at page 2085 it extracted the provision in the policy relating to legal liability for accidents to non-fare paying passengers who are employees of the insured, but not 'workmen' under the workmen's compensation act and any other non-fare paying passengers wherein additional premium to be .....
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