Court : Karnataka
Reported in : I(1997)ACC627; 1997ACJ878; ILR1997KAR292; 1997(2)KarLJ343
..... his place of work shall, notwithstanding that he is under no obligation to his employer to travel by that vehicle, be deemed to arise out of an in the course of his employment, if-(a) the accident would have been deemed so to have arisen had he been under such obligation; and(b) at the time of the accident, the vehicle-(i) is being operated by or on behalf of his employer or some other person by whom it is provided in pursuance of arrangements made with his employer, &(ii) is not being operated in ..... hold that the injuries sustained by the claimants are only employment injuries as defined under section 2(8) which reads:'employment injury' means a personal injury to an employee caused by accident or an occupational disease arising out of and in the course of his employment, being an insurable employment, whether the accident occurs or the occupational disease is contracted within or outside the territorial limits of india;'the finding of the learned tribunals contrary to this cannot be accepted.11. ..... act with respect to the claim for compensation made under the motor vehicles act for injuries received because of an accident arising out of and in the course of employment, that the view taken by this high court with respect to the object ..... the question before the court was that the employment injury - death of an employee of the transport corporation by an accident in the depot of the corporation due to careless driving of a bus whether the legal representatives of the deceased can .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR2943; 1986(2)KarLJ299
..... considering the matter that way, we are of the opinion that it is appropriate to hold that the word 'accident' is used in the expression 'any one accident' from the point of view of the various claimants, each of whom is entitled to make a separate claim for the accident suffered by him and not from the point of view of the insuser'.it is also a well settled rule of construction that the statute must be read as a whole in order to ascertain its true meaning and ..... according to the wording of the provision as it stood then, in respect of any one accident the liability of an insurer was limited for twenty thousand rupees in alias the compensation payable in respect of employees carried in a goods vehicle. ..... 20,000/- in respect of every one who met with an accident and therefore the words 'any one accident' must be understood as accident to any one. ..... the construction placed for the insurance company was that the total liability in respect of all the employees who suffered at an accident was limited to rs. .....
Tag this Judgment!Court : Karnataka
Reported in : I(2005)ACC544; 2004ACJ1540; 2004(7)KarLJ49
..... shekhar, 1987 acj 1022 (karnataka), a division bench of this court held that 'if the original position cannot be restored--as indeed in personal injury or fatal accident cases it cannot obviously be--the law must endeavour to give a fair equivalent in money, so far as money can be an equivalent and so make good ..... case, while dealing with claims for damages for personal injuries caused in a motor vehicle accident resulting in debilitating and incapacitating the injured, this court had enhanced the compensation from rs ..... the claimant, in his testimony, has stated that due to the injuries sustained in the accident, he had to undergo two more surgeries, despite which the injuries were not cured and that he suffers from recurrent pain and ..... rw 1, the driver of the bus who deposed that it was the claimant-injured who while riding the motor cycle in a zigzag manner dashed against the right side of the bus causing the accident despite signalling to the claimant by use of the dipper of the head lights of the bus.10. ..... 1869 (21) lt 326, distinguished the above two aspects thus:'in assessing the compensation the jury should take into account two things, first, the pecuniary loss (the plaintiff) sustains by the accident; secondly, the injury he sustains in his person, or his physical capacity of enjoying life. ..... up by the respondent that the claimant was in an inebriated condition at the time of the accident, was neither proved nor corroborated by testimony of any independent, uninterested witness. .....
Tag this Judgment!Court : Karnataka
Reported in : 2006ACJ280; 2006(5)KarLJ277
..... two decisions relied on for the claimant, this court has held that when a passenger, travelling in the bus sitting by the side of window, puts his hand on the sill of window and sustains injuries in an accident caused by another vehicle, the passenger cannot be said to have contributed for the accident and the responsibility will be only between the driver of the bus and driver of the other vehicle only. ..... it was submitted that the claimant cannot be held responsible nor he could be said to have contributed for the accident, as held by this court in the decisions relied on by him in support of the impugned judgment and award ..... columbia, canada):if as a result of two vehicles dashing against each other a third party sustains the accident, it will not be a case of contributory negligence, but, it would be a case of composite ..... as rightly pointed out by the learned counsel for the appellant, the parts at which both the vehicles were found damaged in the accident make it clear that the driver of the lorry alone was responsible for the accident and not the driver of the bus. ..... order to find out whether the claimant could be said to have contributed for the accident, it requires to be noted 'what is meant by contributory negligence'? ..... , the insurance company had taken a stand that the driver of the bus was responsible for the accident and not the driver of the lorry. ..... kept his hand on the sill of the window, he could be held to have contributed for the accident and not the driver of the bus. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2003KAR4798; 2004(1)KarLJ599
..... who is said to have been personally visited the mcf factory and the spot of chemical accident has stated that the legal heirs of the victims of the disaster have been paid sufficient compensation and that the company has assured them appointment if they are qualified and eligible for being ..... has elaborately assigned reasons that accident if any took place on account of weld let failure that occurred because of internal corrosion caused by a marginal deficiency in the original weld let material supplied at the project stage 37 years ago and that accident if any, was on account of involving leak of ammonia condensate on account of operation of the plant of mcf for the last 23 years. ..... the prosecution case, in short, is that on 9.2.2000 an unfortunate accident occurred in the factory premises of m/s. ..... immediately after this accident, exgratia payments were made to ranganna, basappa, and sashidhar at rs. ..... , and the inspector of factories and the report of assessment of situation prior and subsequent to the date of chemical accident on 9.2.2000. .....
Tag this Judgment!Court : Karnataka
Reported in : II(2004)ACC534; 2005ACJ849; ILR2003KAR4911
..... dies in the course of the same, if the pedestrian crushed by a vehicle on account of the bursting of the tyre or an autorickshaw driver killed by the passengers for stealing the autorickshaw can be said to be accidents arising out of the use of a motor vehicle, it is difficult to see how the accident in the instant case resulting in the death of the deceased while he was admittedly traveling in the bus owned by the respondent-corporation on account of a tree falling on the vehicle can be held ..... he further argued that even when the claimants under section 163a may not be required to prove negligence on the part of the driver or the owner of the motor vehicle involved in the accident, it was open to the owner of the vehicle to establish by leading affirmative evidence that the driver or the owner were in no way at fault. ..... we have therefore no hesitation in holding that a victim or legal heirs of a victim are entitled to claim compensation in terms of section 163a r/w schedule ii to the act without either pleading or proving that the accident in question had resulted from any act of negligence or default on the part of the owner or the driver of the vehicle. ..... in as much as the tribunal had rejected the claim notwithstanding the material on record and the admitted position that the deceased died in an accident involving the use of the bus owned by the respondent-corporation, it had committed a mistake that deserved to be corrected in appeal.5. .....
Tag this Judgment!Court : Karnataka
Reported in : 2004ACJ271
..... in other words, the prescribed form should not be treated like a plaint and if any claim for compensation has been made it is for the tribunal to find out whether the accident occurred on account of negligence of the driver of the vehicle involved and what compensation should be awarded on all heads for which opposite party is responsible. ..... to determine compensation payable to the appellant, but what dissuades us from such ordinary course is that the accident took place as far back as on 30.6.1991 and even after 12 years and more, the appellant has not received any compensation, not even the compensation under the head 'no fault liability' ..... therefore, the oral evidence adduced in this case is no way helpful to decide the question whether the accident took place on account of rash and negligent driving of the vehicle by the deceased, or, rash and negligent driving of the vehicle by the respondent no. 1 ..... 1 took the corpse of the deceased to the mortuary of the bidadi primary health centre and lodged a complaint with the bidadi police station with regard to occurrence of the accident and death of the deceased alleging that the accident took place due to rash and negligent driving of the vehicle by the deceased himself. ..... 1 himself was driving the vehicle and on account of his rash and negligent driving, the accident took place resulting in the death of the deceased and that with the connivance of the local police he hushed up the matter and did not inform the claimant in time.13. mr. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2007KAR5382; 2008(4)KarLJ214; 2007(4)KCCRSN303
..... death has occurred, the place where the dead body was fallen.j) the presence of the brake mark scratches at the spot of the accident with their measurement,k) any other particulars, which are helpful to assist and to ascertain the manner of the accident.as stated the requirements enumerated supra are not essential for the case on hand but would certainly help the courts to effectively assess the ..... much assistance to the parties and the courts, if the investigating officers prepare the spot mahazar with a sketch of the scene of occurrence containing the following particulars:a) the details of the spot of the accident and a mention of the place.b) the blood stains if any at the spot.c) blood stains if any on the parts of the vehicle/s i.e. ..... on 01.08.2001 the injured succumbed to the injuries.p.w.8, the psi, traffic police station, after receiving the information of the accident on phone, went to the government hospital and recorded the statement of the injured ranganath as per ex.p7 and on return to the ..... as could be seen from the decisions of the apex court and the fact that causing death in an accident, is now a social crime, i do not think it proper to extend the benefit of provisions of the ..... , tyres [front and hind], bumpers or any other parts.d) the distance between the spot of accident and the edges of the road.e) whether the road is straight or a curve.f) whether the road at the spot is slanting either upwards or downwards.g) the passages on both sides of the road including .....
Tag this Judgment!Court : Karnataka
Reported in : 2009(5)AIRKarR23:AIR2009NOC2479.
..... statutory coverage of such a person, there was no special contract and deceased did not possess a driving licence - tribunal held that car was being driven by the deceased at the time of accident and he had no licence and exempted insurance company from liability on the ground that policy did not cover such an employee - appeal by claimants contending that even if there was breach of policy ..... acj 721.motor vehicles act, 1988, section 147(1) - motor insurance - goods vehicle -passenger risk - gratuitous passenger -liability of insurance company - death of gratuitous passenger in truck when it met with accident - tribunal allowed compensation but exempted the insurance company from liability - high court in appeal affixed liability on the insurance company - whether the insurance company is liable - held: no; claimants entitled to recover ..... placed on record and also material placed on record and the fact that claimant is continuing in the occupation even after the accident and in the absence of definite evidence about what was the amount lost, i feel it is just and reasonable to award ..... by the driver who was incharge of the vehicle - the deceased was connected with the journey atleast upto the accident spot - the insurance company is liable to pay the compensation - award of the tribunal is upheld. ..... the policeman should be in uniform and he should be on duty and in case if he met with an accident, for bodily injury or death occurred, the insurance company is liable to pay compensation. .....
Tag this Judgment!Court : Karnataka
Reported in : II(1990)ACC572; 1991ACJ272; AIR1991Kant189; ILR1990KAR3243
..... that the difference being considerable the loss to the people of karnataka who have suffered misfortune in motor vehicle accidents resulting in the death of the bread earner of the family is considerable and therefore we have to re-examine whether we shall continue to apply the ratio decedent or the multiplier arrived at by this court in bhandary's case or ignore it in the ..... claimants 7 and 8 are mother and brother of the deceased who, it is alleged in the claim petition before the motor accident claims tribunal, died as a consequence of rash and negligent driving of a bus owned by the first appellant-corporation on 28-7-1988 at about ..... feel, justice would be better administered in this court if we follow the method adopted by the supreme court of taking the life expectancy and the age of the victim who died in the accident in determining the multiplier as it results in a larger amount of compensation to the dependents. ..... we have no hesitation to concur with the finding of the motor accidents claim tribunal, in question, in arriving at the multiplier and the ..... to the many factors and in the light of the many decided cases in england at the maximum numerical 16 subject to further scaling down for each 5 years in the life span of the victim of the accident by one numerical or one unit. ..... his version that the accident was due to negligence of the driver, has been accepted by the ..... the act is to confer the benefit on the dependents left behind by the victim of the accident who has died. .....
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