Court : Karnataka
Reported in : ILR2003KAR3602
..... without the knowledge of the conductor or driver of the bus stealthily climbs to the roof of the bus from the rear and remains undetected in darkness and eventually meets with an accident, neither the driver nor the conductor of the bus can be held responsible for any negligence so as to entitled the injured or his legal heirs to the payment of any ..... alternatively, he submitted that even if the driver or conductor of the offending vehicle was held in any way responsible for the accident on account of their negligence in preventing the deceased from going to the roof top or forcing him to alight from the same, the said negligence ..... learned counsel that the material on record including the statement of p.w.s 1 and 2 was sufficient to show that the accident had indeed occurred on account of the deceased being hit by branches of some trees growing on the side of the ..... the tribunal has while examining the question relating to the genesis of the accident disbelieved the version of p.w.2 and held that the deceased had taken to the roof of the bus on his own and therefore, the accident in question resulting in injuries to him was in no way attributable to any act of omission or commission on the part of the ..... passenger who climb to the roof of the vehicle to travel by squatting on the same takes a calculated risk and must be presumed to have contributed to the occurrence of the accident in an equal measure if not more on the analogy of the judgment of this court in mayamma's case.13. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1985KAR2979
..... , if he leaves his horse and cart with a boy who goes with him to deliver parcels and the boy contrary to his master's orders, drives the cart and has an accident, he is in the course of his employment to look after the horse and cart during the day, and his master will be liable for damage. ..... to indicate the extent to which awards could go in such cases.it is true that children of very young age are subject to all the risks of life such as illness, accident, death and there was also the possibility that his or her parents might or might not survive him or her. ..... where a tram-conductor knew that passengers often rang the bell to start the tram, his employers were held responsible for an accident arising from the practice, on the ground of theconductor's negligence in permitting it to occur'(vide para 933, page 558)6 ..... is the reason why in cases of very young children parents cannot recover - because the child wassubject to all risks of illness, accident and death and there can be no adequate basisfor speculation one way or the other. ..... 50,000/-from the appellants.appellant, in its defence, contended that, as the accident was not caused by any servant in the course of employment, appellant was not vicariously liable ..... (mvc) no.203 of 1981 on the file of the motor accidents claims tribunal, dakshina-kannada, mangalore, granting to the parents a compensation of ..... the difficulties besetting the task of assessment of damages generally in all fatal accidents' actions, supreme court, in c. k. .....
Tag this Judgment!Court : Karnataka
Reported in : II(1998)ACC575
..... that, this very finding that there has been 50% or equal negligence of both the rider of the motor cycle as well as of the bus driver of the ksrtc, both were equally negligent and rash and so, the accident did take place, and each one, that is rider of motorcycle and bus driver of ksrtc bus was negligent to tune of 50% each ..... p4, clearly established that the claimant suffered fracture on the right knee joint injury which was caused on account of his accident and the movement of his right limb was also affected there was shortening of the leg to certain extent and in such circumstances, the claimant was adversely affected by the disability caused in carrying on his daily ..... in the alternative, counsel for the respondents 2 and 3, that is the ksrtc submitted that the accident indicates that really, the accident did not have taken place on account of rash and negligent driving of the motor cycle by the motor-cycle rider and compensation should be made payable in entirety by respondents 4 and 5 and not by the ..... unless it was held that the truck driver was negligent in driving the truck and the accident took place because of his negligence, the award for compensation against the opponents cannot ..... ramesh, learned counsel for respondent-5, contended that the finding recorded by the tribunal that accident did take place not only because of negligence and rash driving of the bus driver of the ksrtc, but also because of the negligence or rash driving of the motor-cycle by respondent .....
Tag this Judgment!Court : Karnataka
Reported in : 2001ACJ318; [1999]98CompCas767(Kar)
..... taken place neither on account of negligence of the appellant nor on account of lack of carefulness on the part of the appellant, nor on account of any connivance of the defendant-appellant or its employees, but it was an inevitable accident from the act of god and, therefore, court below committed the error of law and error of fact in decreeing the plaintiff's claim and the decree passed is liable to be set aside. ..... loss has been caused due to the act of god and the cause for loss has not been the negligence of the carrier, the cause for loss has been an inevitable accident which could not be avoided in spite of best efforts and the burden does lie on the defendant to establish it. ..... by the division bench and it took the view that condition that 'the goods to be sent at owner's risk and that no responsibility would be taken in case of fire or accident', do not and cannot protect a common carrier if the damages flowed from its negligence or misconduct. ..... on account of negligence but having alleged that the damage was caused on account of specific acts of negligence, it was not necessary for the defendant to plead that the damage was on account of inevitable accident ; it was sufficient for him if he denied that there was any negligence.' 26. ..... is rebuttable and can be rebutted by the defendant by producing the necessary evidence to show circumstances establishing that cause of loss has been the act of god or inevitable accident or something which was beyond the control of the defendant. .....
Tag this Judgment!Court : Karnataka
Reported in : III(2002)ACC83
..... nature specified in sub-section (1) of section 165 may be made(a) by the person who has sustained the injury; or(b) by the owner of the property; or(c) where death has resulted from the accident, by all or any of the legal representatives of the deceased; or(d) by any agent duly authorised by the person injured or all or any of the legal representatives of the deceased, as the case may be:provided that where all ..... 9 the supreme court held as follows:clauses (b) and (c) of sub-section (1) of section 110-a of the act provide that an application for compensation arising out of an accident may be made where death has resulted from the accident by all or any of the legal representatives of the deceased or by any agent duly authorised by all or any of the legal representatives of the deceased. ..... sub-section (1) of section 110-a of the act authorises all or any of the legal representatives of the deceased to make an application for compensation before the claims tribunal for the death of the deceased on account of a motor vehicle accident and clause (c) of that sub-section authorises any agent duly authorised by all or any of the legal representatives of the deceased to make it. ..... by a person who has sustained the injury; or(aa) by the owner of the property; or(b) where death has resulted from the accident, by all or any of the legal representatives of the deceased; or(c) by any agent duly authorised by the person injured or all or any of the legal representatives of the deceased, as the .....
Tag this Judgment!Court : Karnataka
Reported in : 2004ACJ1148
..... of the oral and documentary evidence came to the conclusion that the accident took place due to rash and negligent driving by the drivers of both ..... although the respondents, namely, the owner of the motor vehicle involved in the accident and the insurance company though served with notice, did not choose to contest the claim petition by filing any counter-statement, though the insurance company had put in ..... the question whether an injured/a deceased also contributed negligence for causing accident is indisputably a question of fact and, therefore, if a defendant wants to take plea of contributory negligence as a defence, that plea should find a ..... it could be seen from the records that on the date of the accident and death of the deceased, the appellant was aged 39 years and, therefore, the appropriate multiplier is ..... go by the evidence of pw 2, it is quite clear that the accident occurred solely due to rash and negligent driving of the lorry bearing the ..... multiplier and having regard to the age of the appellant mother on the date of the accident, the appropriate multiplier to be applied is 14 and not 17. ..... 3064 of 1996 on the file of the motor accidents claims tribunal and additional judge, court of small causes, bangalore city (scch-5), ..... negligence is on the defendant who admits that on account of the conduct of the plaintiff, his negligence had gone into the background and it was the conduct of the plaintiff that resulted in the accident; it is not for claimant to disprove it. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1998Kant153; 1998(2)KarLJ92
..... learned advocate in an attempt to demonstrate the danger to the riders of two wheelers who are unprotected by helmets has pointed out from paragraph 9 of the petition that 20% of all road accidents involving two wheelers result in head injuries and that the mortality among two wheeler riders not wearing helmets was 250% higher than those who are protected by helmets. ..... by the international automobile association indicate that as far as two wheeler riders are concerned, irrespective of the speed at which the vehicle is moving or the manner in which the vehicle is being driven, that when an accident involving a two wheeler takes place, the incidence of a head injury to the riders is as high as 95%. ..... of the advancement of various safety norms upto now, no better substitute has been found for protecting the most vital part of the human body, namely the head in the case of a two wheeler accident, which is why the helmet rule is universally enforced in every country of the world.18. ..... lastly, what needs to be also emphasised is that the opposite party involved in the accident is required to be subjected to protracted legal proceedings and liabilities because the sympathy is always with the dead or the injured irrespective of who was ..... i need to clarify that some of the two wheeler accidents were so grave that the helmet could have made no difference, but i am here referring only to this restricted class of cases where the driver and pillion rider of a motorised two wheeler have .....
Tag this Judgment!Court : Karnataka
Reported in : 1997(1)ALT(Cri)792; 1997CriLJ1225; ILR1997KAR186
..... in this case fir discloses that immediately after this accident the pillion rider of the motor bicycle of the accused, c.w. ..... the fir discloses that immediately after accident the accused rushed the deceased to the hospital and spent rs. ..... in the case on hand the accused is a student and this accident occurred in the night hours at about 10.00 p.m. ..... in the said decision the accused was the professional driver of the bus and caused the fatal accident and also attempted to escape the prosecution by failing to report the accident to the police authorities. ..... a case where the respondent had not only driven his bus in a reckless manner and caused the death of one person and injuries to another but he had also attempted to escape prosecution by failing to report the accident to the police authorities. ..... the supreme court found that the conduct of the accused in that case was reprehensible where the accused failed to secure the medical assistance to the injured person and also failed to report the accident to the police authorities. ..... 1 were coming from kanakaredy towards hampanakatte and it was in the night hour this accident had occurred. ..... course and on the date of accident along with cw. ..... the sum and substance of the said decision of the supreme court is that no undue sympathy should be shown to the accused persons who are involved in such a fatal accident cases. .....
Tag this Judgment!Court : Karnataka
Reported in : II(1984)ACC168
..... section 95(2)(b)(i) reads:subject to the proviso to sub-section (1), a policy of insurance shall cover any liability incurred in respect of any one accident up to the following limits namely: (a) xx xx(b) where the vehicle is a vehicle in which passengers are carried for hire or reward or by reason of or in pursuance of a contract of employment- (i) in respect of persons other than passengers carried for hire or ..... owner of the vehicle strenuously urged before us that the tribunal was not justified in recording its finding that the accident was the result of rash and negligent driving of the van in question. ..... arise for our consideration in these appeals are:(1) whether the tribunal was justified in holding that the accident was the result of rash and negligent driving of the van? ..... the tribunal, appreciating the evidence on record, held that the accident was the result of rash and negligent maintenance of the van in question and rash and negligent driving of the van and in that view it awarded compensation as stated ..... thus, on both these grounds we are satisfied that the accident was the result of rashness and negligence on the part of the owner and driver in maintaining the vehicle in roadworthy condition as also on the ground that the driver while ..... hence the tribunal was justified in holding that the accident was the result of rashness and negligence on the part of the owner and the driver on the additional ground that the owner did not establish that the vehicle was maintained .....
Tag this Judgment!Court : Karnataka
Reported in : II(1990)ACC455; 1991ACJ453; ILR1990KAR1493
..... in our opinion, by amending section 110 of the act, the legislature intended to give relief to persons who had suffered loss as a result of damages to their property as a result of a motor accident and in the absence of any express or implied indication to the contrary, the expression 'damages to property' must be given the same meaning which they have been assigned in the law of damages which takes in not merely ..... therefore, at best, the claim which can be lodged and adjudicated upon by the claims tribunal contemplated by the section is claim for compensation for damaged resulted to the vehicle due to the accident, usually a claim of such nature is made to recover expenses which may be or might have been incurred for repairs or restoration of the vehicle to its original condition. ..... as a result of the rash and negligent driving of the red bus belonging to the corporation.rejecting the plea of the corporation that the accident occurred as a result of the rash and negligent driving of the green bus by its driver or that the accident occurred on account of the contributory negligence of both the drivers, the tribunal recorded a finding that the accident occurred solely on account of the rash and negligent driving of the red bus by its driver. .....
Tag this Judgment!