Court : Karnataka
Reported in : 2006ACJ638; AIR2005Kant369; ILR2005KAR3403; 2005(5)KarLJ388
..... under:'suit for damages against carrier for delivery of goods in a damaged, deteriorated and soiled condition on account of carelessness, negligence, rashness and misconduct on the part of carrier, its servants and agents; resisted on the ground of accident to vehicle for reasons beyond its control with liability denied also on grounds of plaintiff s non-compliance with sections 3 and 4 of the act and protection under terms of g.c.note. ..... suit being decreed, in appeal, on the contentions that plaintiffs having alleged negligence burden was on them to prove to plead and prove occurrence of accident beyond its control; plaintiffs non-compliance with sections 3 and 6 of the act absolving liability of defendant; that insurance policy did not relate to specific goods consigned; surveyor was not competent to assess damages ..... relying on this principle, the learned counsel for the appellant submits that so far as the occurrence of the accident and the goods being lost in the fire is concerned, no doubt the appellant being the owner of the truck was very well aware of the said ..... according to him even otherwise the evidence let in before the trial court would indicate that the accident was not one arising out of act of god, but on account of the negligence on the part of the ..... that 'the goods to be sent at owner's risk and that no responsibility would be taken in the case of fire or accident' do not and cannot protect a common carrier if the damages flowed from its negligence or misconduct. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1999KAR4541; 2000(5)KarLJ578
..... , that out of the 75% awarded as the back wages, the amount paid by the corporation to the accident victim in the motor accident case will be deducted and the balance alone would be paid to the worker towards back wages.17. ..... it is the case of the petitioner that the worker, 1st respondent herein while driving the vehicle caused the accident which resulted in a death of a person and injury to another, prima facie, applying the doctrine 'resipsa loquitur', it can be said that there is negligence on the part ..... the corporation was satisfied with the production of 'a scrap of paper' described as report of the traffic manager on the accident, which according to the petitioner was the best evidence to prove the charges and it felt, was the last word ..... the employer should have led some evidence to establish the negligence in the accident of the worker, to relieve its liability to pay damages now awarded invoking the ..... now as illustrated in the case, it pays the compensation to the accidents victims, it pays 75% back wages to the worker on reinstatement and also the wages of an employee who was employed during the absence of ..... matters was being argued before this court, this court wanted to ascertain the nature of defence taken by the worker before the motor accidents claims tribunal, the finding entered by the tribunal etc. ..... when the traffic manager has held that the accident was due to the contributory negligence of the driver and the cyclist he would have considered in a proper way .....
Tag this Judgment!Court : Karnataka
Reported in : 1997ACJ549; ILR1996KAR2213; 1996(3)KarLJ468
..... seetharama rao, learned counsel for the appellant, strenuously contended that the deceased was a passenger in the bus, that at the time of the accident he had still not reached his destination, that a passenger continues to be a passenger till he reaches his destination and that the relationship between the passenger and the transporter does not come to an end merely because ..... while holding that a person who was alighting from the bus at the time of the accident must be held to be a passenger, and as pointed out that if really the claimant had already alighted from the bus and thereafter the accident had occurred the contention that the claimant had ceased to be a passenger would have been unexceptionable. ..... in that case the question as to whether a person who had got down at an intermediary stage before reaching the destination and who was outside the vehicle when the accident took place can be considered to be a passenger or a third party had not arisen for consideration. ..... on the facts of the case the deceased must be held to be a third party at the time of the accident and the tribunal has rightly fastened the entire liability on the appellant.15. ..... this judgment also shows that it is only if the deceased or the injured was travelling or was alighting from the bus at the time of the accident he or she must be treated to be a passenger and if he or she had already alighted at the time of the accident or was outside the vehicle, then he or she cannot be considered to be a passenger. .....
Tag this Judgment!Court : Karnataka
Reported in : II(2004)ACC275; 2005ACJ1981; 2003(5)KarLJ427
..... the oral evidence and the documents produced by the parties in support of their respective cases, the tribunal held that the accident in question had taken place on account of the rash and negligent driving of the offending vehicle by its driver. ..... all these circumstances, we are of the view that the responsibility for the occurrence of the accident can be apportioned 80:20 between the driver and the deceased ramachandrappa lamani respectively.8. ..... the corporation opposed the claim inter alia on the ground that the accident in question had not taken place on account of the alleged rash and negligent driving ..... that where the driver of the bus is unaware of the presence of the passengers on the roof of the bus, the apportionment of responsibility for the accident would be half and half between the driver and the passengers. ..... say that passengers travelling on the roof of the bus must be deemed to have contributed to the accident should any mishap occur causing death or injury to any one of them. ..... since the deceased himself was responsible for the accident to the extent of 20% as observed earlier, 20% of the said amount shall have to be deducted leaving the amount actually payable to the ..... the driver of the offending vehicle drove the vehicle negligently, the accident in question had occurred resulting in fatal injuries to the deceased. ..... therefore, have held that the deceased had also contributed equally to the occurrence of the accident on account of his travelling on the roof of the bus. .....
Tag this Judgment!Court : Karnataka
Reported in : I(2001)DMC532; ILR2000KAR4107; 2000(6)KarLJ332
..... it would be seen that meenakshi was screaming out for help and that this is something which would hardly have happened if she had decided either to commit suicide or was the victim of an accident but more importantly, what he emphasised is that after the trauma she experienced and without any of her people around her she would not have had the courage to implicate the accused even if he ..... in which the dying declarations cannot be reconciled with each other and he demonstrated to us that the first two statements totally exonerate the accused and explain the burns as being due to an accident whereas the next two fully implicate him and charge him with having committed the offence of murder and what the learned advocate submits is that even if one were to brush aside for the ..... investigating officer and the tahsildar both of which inspired considerable confidence in the mind of the court, the learned trial judge has also examined very carefully the probabilities with regard to the accident story and has come to the conclusion that it is impossible to accept that the one-and-half year old child could have caused the fire by pulling the lamp as the child ..... every effort would have been made to cover up the guilty tracks as is invariably the case and that was the reason why meenakshi was virtually pressurisedinto putting forward the accident story with the additional threat that if she were to tell the truth, her husband would go to jail for life and she would be held responsible for it. .....
Tag this Judgment!Court : Karnataka
Reported in : 2005ACJ455; 2005(1)KarLJ530
..... designed; that, if a person suffers heart attack and dies, it necessarily means that there has been an injury to the heart and that, that event being a mishap not expected or designed is an accident and that, if a workman suffers heart attack out of an in the course of his employment, then the employer is liable to pay compensation under section 3 read with section 4 of the workmen's ..... high court while considering the question whether the death of a workman due to heart failure while carrying load can be considered as an injury suffered on account of accident arising out of or in course of the employment, has taken the view that there is a casual connection between the employment and his death in an unexpected way and that could certainly be ..... to consider the said question, it is useful to refer to section 3(1) of the act, which reads as hereunder:'section 3(1): if the personal injury is caused to a workman by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this chapter'.from the reading of section 3(1) of ..... ilr2003kar4221 (db) while considering whether the death of a driver of the vehicle on account of heart attack can be attributable as an injury suffered by the driver on account of an accident arising out of and in the course of the employment while accepting the finding recorded by the commissioner in that case, has observed as follows:'on the evidence available on record in .....
Tag this Judgment!Court : Karnataka
Reported in : 2003ACJ250; [2003(96)FLR446]; ILR2002KAR1256; 2002(6)KarLJ191
..... it reads as under; ' 'total disablement' means such disablement, whether of a temporary or permanent nature, as incapacitates a workman for all work which he was capable of performing at the time of the accident resulting in such disablement: provided that permanent total disablement shall be deemed to result from every injury specified in part i of schedule i or from any combination of injuries specified in part ii thereof where the aggregate percentage ..... held in this case, that even in a case of partial permanent disablement if the workman is not capable of performing that duty, which he was performing at the time of accident, such partial disablement cannot be considered total disablement unless the injury results in disability of 100% or more than 100% in aggregate as provided in part ii of schedule i ..... regard to the medical evidence and the opinion furnished and the fact that he had capacity to drive the vehicle though not as effectively as he was driving the vehicle as on the date of accident the loss in earning capacity cannot be 100% but has to be in proportion to the medical evidence in that regard. 37. ..... it is further contended that the commissioner ought to have taken into consideration that by the accident in question resulting in the permanent disablement of the right hand of the appellant, his future ..... a case where the workman was a driver in a lorry who met with an accident, sustained un-displaced fracture right mid third (right humerus), fracture of right tibia and .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR3564
..... appeals have been filed by the appellants/occupants of the car who were injured/claimants against the judgment and award dated 22.10.1993 passed by the motor accident claims tribunal-l, hassan in mvc.nos.262, 263, 264 and 265/1986 dismissing the claim petitions for compensation against the owner of the car and ..... it has been urged that the word 'third party' includes not only pedestrians, but also passengers in the car involved in the accident as they are the third parties so far as the insurance company is concerned as there is no privity of contract between the claimant's/ ..... the present case, as the injured passengers and deceased venkatesh were all the occupants of the same car involved in the accident, they cannot be considered as third parties and their risk is not covered by the policy ex.r2 issued in respect of ..... been urged by the learned counsel for the appellants that the car was not being used at the time of the accident by the 1st respondent/owner for his social, domestic and/or pleasure purposes as it was being used by his acquaintance ..... that since the car was not used by the 1st respondent/owner at the time of the accident for its social, domestic or pleasure purposes and as it was given to his acquaintance sri g.s ..... where a clause in the policy indemnified the insured in case of accident by or arising out of motor car, including claims costs and expenses which the insurer had become legally liable to pay on death or bodily injury to any person, it must be held to cover .....
Tag this Judgment!Court : Karnataka
Reported in : IV(2005)ACC392
..... under:suit for damages against carrier for delivery of goods in a damaged, deteriorated and soiled condition on account of carelessness, negligence, rashness and misconduct on the part of carrier, its servants and agents; resisted on the ground of accident to vehicle for reasons beyond its control with liability denied also on grounds of plaintiff's non-compliance with sections 3 and 4 of the act and protection under terms of g.c. ..... suit being decreed, in appeal, on the contentions that plaintiffs having alleged negligence burden was on them to prove to plead and prove occurrence of accident beyond its control; plaintiff's non-compliance with sections 3 and 6 of the act absolving liability of defendant; that insurance policy did not relate to specific goods consigned; surveyor was not competent to assess damages ..... relying on this principle, the learned counsel for the appellant submits that so far as the occurrence of the accident and the goods being lost in the fire is concerned, no doubt the appellant being the owner of the truck was very well aware of the said ..... according to him even otherwise the evidence let in before the trial court would indicate that the accident was not one arising out of act of god, but on account of the negligence on the part of the ..... that 'the goods to be sent at owner's risk and that no responsibility would be taken in the case of fire or accident' do not and cannot protect a common carrier if the damages flowed from its negligence or misconduct. .....
Tag this Judgment!Court : Karnataka
Reported in : 2004ACJ1048
..... be that as it may, the evidence of pw 1 still remains unchallenged that the claimant-injured, a passenger travelling in tempo had witnessed the accident, but his testimony was at best a self-interested testimony, however, in the absence of any evidence lead in by the respondents in contradiction of the evidence of the claimant, the plea of respondents remained a ..... neurosurgeon, testified that the claimant was got admitted to shiva krupa hospital on 14.12.1996 with history of the road accident and complaint of weakness in both lower limbs, and was an indoor patient for about three weeks. ..... if according to the respondents, the driver of the bus was diligent and did not cause the accident, it was open for the appellant or the owner/driver of the bus to adduce evidence of the driver to substantiate ..... the question is whether both the drivers were responsible for the accident or solely on account of any one of the drivers of the ..... of pw 3 supports the case of the claimant, that the injured was brought on 14.12.1996 to the hospital with history of road accident and after first aid, he was referred to k.m.c. ..... cannot maintain different standards in each of the claim cases arising out of the very same accident in respect of the issue regarding actionable negligence. ..... the date, time and place of the accident and the instantaneous death of the driver of tempo are not ..... driver of the bus was guilty of actionable negligence and had caused the accident, in the circumstances cannot be said to be perverse. .....
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