Court : Karnataka
Reported in : 2004ACJ1289
..... in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle or the authorised insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of motor vehicle, compensation, as indicated in the second schedule, to the legal heirs or the victim, as the case may be.explanation,--for the purpose of this sub-section, permanent disability shall have ..... bachima, 1984 acj 582 (karnataka), where the court observed:'from section 110-aa, it is clear that before an application can be entertained, the accident must have occurred due to the actionable negligence of the owner or the driver of the vehicle...when the accident has occurred due to actionable negligence of the deceased who was himself the driver, no claim by his legal representatives can be entertained under the ..... if the answer is 'yes' the beneficial provisions under section 163-a would absolve the claimant of the obligation to prove that the accident had taken place on account of the fault of the driver or owner of the vehicle provided he is willing to accept the amount of compensation offered according to the structured formula prescribed in the ..... does not, however, mean that claimant can maintain a claim on the basis of his own fault or negligence and argue that even when he himself may have caused the accident on account of his own rash and negligent driving, he can nevertheless make the insurance company pay for the same. .....
Tag this Judgment!Court : Karnataka
Reported in : III(2004)ACC500; 2004ACJ653
..... shekhar, 1987 acj 1022 (karnataka), held--'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 the damage.' 14. ..... ) 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 accident; and secondly, the injury he sustains in his person, or his physical capacity of enjoying life. ..... [1995]1scr75 , speaking about the heads of compensation, the apex court held thus:'broadly speaking, while fixing the amount of compensation payable to a victim of an accident, the damages have to be assessed separately as pecuniary damages and special damages. ..... would also point out that the evidence of pw 1 that after the accident he had engaged the services of two employees at the consolidated salary of ..... to the evidence of pw 2, pw 1 in his evidence has stated that after the accident he had to engage the services of two employees on consolidated salary of rs. ..... view of the matter, the court while considering deprivation sustained by a claimant on account of the accident should have regard to the gravity as well as degree of deprivation. ..... of the case in brief are as follows:the claimant oh 31.1.1996 sustained certain injuries in an accident involving motor vehicle (bus) owned by the respondent corporation. .....
Tag this Judgment!Court : Karnataka
Reported in : 2008(2)KarLJ96; 2007(4)KCCRSN296(DB)
..... manjunath, learned advocate for the respondent would contend that, there being no dispute of the fact that the vehicle had met with an accident on 15-4-2000, the same was inspected by the motor vehicle inspector and report submitted about its condition on 19-4-2000 and pursuant to the declaration of non-user, submitted in form 30, provisional permission having been ..... manjunath, learned advocate for the respondent is that the case being an 'exceptional one' as the vehicle met with an accident, the insurance company sold the said vehicle and settled the claim on salvage loss basis and thus there is no liability to pay the tax is untenable, in view of the fact that the ..... , and contended that the learned single judge was not justified in allowing the writ petition on the basis of the report of the motor vehicle inspector, who had inspected the vehicle, at the accident spot and had submitted the report of its conditions as found by him at that point of time.3.1 per contra, sri p.s. ..... the said ruling permits an exceptional situation, obviously when it is shown that the vehicle met with an accident rendering totally useless for plying, to insist the person concerned to pay the tax in advance and thereafter to surrender the certificate of registration and other documents with an application for refund of ..... that the case being an exceptional one, as the vehicle has met with a major accident and subsequently scraped, the action of the appellants in revoking the exemption granted is bad. .....
Tag this Judgment!Court : Karnataka
Reported in : II(2002)ACC24; 2003ACJ558; ILR2002KAR915; 2002(3)KarLJ93
..... treated as law of tests, in sub-section (1) to section 166 of the motor vehicles act may be made-'(a) by 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 injured or all or any of the legal representatives of the deceased, as the case may be: provided that whether all the legal representatives ..... the contentions urged by the third respondent regarding negligence and quantum of compensation, the tribunal framed the following issues for its consideration: (1) whether the accident was due to negligent driving of the maxi-cab by the first respondent? ..... at para 4 of the judgment cited supra as follows: 'therefore, sri ramesh is not correct in saying that when a non-earning member of the family, may be a child of 14 years or 20 years meets death because of the road accident, the loss suffered by the family is not required to be compensated. ..... aged about 17 years when he died in a motor accident which occurred on 6th august, 1994. ..... raju is not correct in saying that legal representatives of the deceased, a non-earning member of the family aged about 17 years who died in the road accident, are not required to be compensated. ..... considered this claim only as personal injury action and not as fatal accident action and that the learned judge has disclosed his ignorance of law governing the motor vehicle accident cases. .....
Tag this Judgment!Court : Karnataka
Reported in : 2002ACJ1814; 2002(4)KarLJ28
..... time to time): (i) interest can be awarded from the date of claim petition on the compensation amount awarded (excluding the amount awarded to meet future expenditure);(ii) the rate of interest to be awarded in all motor accident claims (whether relating to death, injury or damage) shall normally be the rate of interest offered by nationalised banks on fixed deposits for one year. ..... section 2(a) of the interest act, 1978 can be held to be applicable to the cases under motor accidents claim for award of compensation with respect to the award of interest and any guidance to be taken therefrom. ..... -- '(a) interest can be awarded only from the date of claim and not from the date of accident (section 171 of the motor vehicles act, 1988 and the decision of the supreme court in united india ..... before me as per the order of the hon'ble chief justice, under section 98(2) of the code of civil procedure, 1908 in view of difference of opinion on a point of law (regarding interest to be awarded in motor accident claims) between two learned judges of a division bench of this court, which heard the appeal. ..... lay down the correct law in the context of the supreme court decisions referred to in the judgment and the provisions of interest act, 1978 if it is applicable to in the motor accidents claims for damages, and amount of compensation? ..... , father, mother and two minor children of one ananda awate, who died on 7-1-1989, as a result of injuries sustained in a motor accident which occurred on 31-12-1988. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1987KAR3774
..... even assuming that the van was being driven at a high speed, it does not mean that p.w.4 was driving the van in a rash and negligent manner and on account of it the accident took place.the learned authors ratanlal & dhirajlal in their law of crimes, 22nd edition, page 812 have stated, 'the doctrine of contributory negligence does not apply to criminal liability where the death of ..... hence the evidence of this witness that none of them was sleeping or dozing at the time of the accident, merits to be accepted.p.w.3 ravi kumar has also stated that when the van came near hebbal village by its proper side, the jeep in question came from the opposite side driven by the ..... therefore, the argument advanced by the learned counsel shivraj patil that the accident was also due to the driving of the van at a great speed by p.w.4, does not appeal to us in the least the view reached by the trial court, making much of this circumstance, is not ..... caused to both the vehicles it is impossible to believe that the vehicles could have left the spot of accident and moved either way after the impact. ..... our attention to the evidence of the motor vehicle inspector p.w.9 which reads, 'there is every possibility that the vehicles may leave the spot of accident after the head-on collusion to either of the way. ..... merely because he happened to reach the spot of accident, and took the victims to the hospital immediately it does not mean that he ought to have carried out the investigation himself and ought to have .....
Tag this Judgment!Court : Karnataka
Reported in : 2000(4)KarLJ276
..... for the first time the number of the vehicle involved in the accident is given in the claim petition filed on 22-5-1989 after lapse ..... the short question that arises for consideration is whether the motor accident had occurred at all as alleged and whether the award passed by the tribunal is ..... the appellant herein resisted the claim on the ground that no such accident had occurred and the bus did not ply on that road, on that day and that the bus was parked at belgaum ksrtc bus stand ..... by the owner of the vehicle karnataka state road transport corporation, directed against the award passed by the civil judge and motor accident claims tribunal, bailahongal, allowing the petition in part, granting the compensation of rs. ..... view the claimant has failed to prove the accident itself by placing acceptable and cogent evidence. ..... the documentary evidence in proof of the said motor accident, if any, is found in the case sheet ..... 3 in proving the accident, but the statement made on oath after long time after the accident is not sufficient to ..... as stated above, there is no motor accident as such in this case, but it is a case where a passenger is alleged to have sustained an injury as a result of a negligence ..... 4 also shows that the accident occurred two days prior to the date of her ..... but when the accident itself is question by the respondents as to the involvement of their bus in question, the claimant is required to prima facie show before the court that the bus involved was a ksrtc bus and that .....
Tag this Judgment!Court : Karnataka
Reported in : 2001ACJ1528; AIR2001Kant275; ILR2001KAR2879; 2001(5)KarLJ322
..... in force or instrument of having the force of law, the owner of the motor vehicle of the authorised insurer would bo liable to pay the compensation in the case of death or permanent disability due to the accident as indicated in the second schedule to the legal heirs without pleading or establishing that the death or permanent disablement in respect of which the claim has been made due to any wrongful act or neglect or default of ..... prior to addition of these sections in the motor vehicles act there existed section 110 but under the said provision power to appoint persons to investigate and report about motor accidents was with the state government, but the officers so appointed were not empowered to adjudicate on the liability of the insurer or on the amount of damages to be awarded except at the ..... there is no prohibition in any other provision of the act from switching over the claim made under sections 166 to 163-a provided the accident took place on 14-10-1994 or thereafter because section 163-a came on the statute book only with effect from 14-10-1994, subject of course, to the claimants satisfying other requirements such as ..... the time being in force or instrument having the force of law, the owner of the motor vehicle of the authorised insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of motor vehicle, compensation, as indicated in the second schedule, to the legal heirs or the victim, as the case may be. .....
Tag this Judgment!Court : Karnataka
Reported in : 1999ACJ1462; 1998(5)KarLJ43
..... compensation for injuries caused to the injured and the resultant disabilities therefrom, the tribunal has no doubt, to take into consideration apart from other factors, the factor of misery and other disabilities resulting from accident which the person may have to carry on for his whole life. ..... the tribunal after considering the material on record held that the accident in question which has caused injuries to the claimant, had been the result of rash and negligent driving of the b.t.s. ..... thus considered, in my opinion, the tribunal was justified and correct in opining and holding that the cause of accident was exclusively the rash, negligence and negligent driving of the k.s.r.t.c. ..... whether the petitioner proves that the alleged accident took place on 15-8-1985 at about 9.15 a.m. ..... this appeal has been preferred by the karnataka state road transport corporation, bangalore, from the judgment and award dated 17th february, 1989, made by the motor accidents claims tribunal, bangalore city, in m.v.c. no. ..... in the case of death by accident, the person who gets the compensationis the legal heir of the deceased, but the deceased is not to carry on the misery for the whole life, but in case of person injured fatally resulting in deficiency and ..... the tribunal further recorded this finding on the basis of adverse presumption arising from the failure of the karnataka state road transport corporation to examine the driver of the bus which had caused accident. .....
Tag this Judgment!Court : Karnataka
Reported in : 1(1989)ACC465
..... if all the conditions laid down in the section are not reproduced in the policy and the policy positively undertakes to cover liability in respect of an accident caused by a person who though not having an effective license at the time of accident has not been disqualified to hold a license, the company cannot escape liability though the tribunal referred to a decision reported in 1981 acj 175 relied ..... term in the policy with which he was concerned an insurer was bound to make good the risk arising out of an accident committed by a driver who once had a license though he did not have an effective license on the date of the accident and was not disqualified from holding or obtaining it.10 the facts before the gujarat high court in the case of chanchalben were ..... supplied) this would only indicate that if at all the driver had a valid driving license including a learner's license at the time of the accident the insurance company would be liable but if he had no license at the time the accident occurred then he must have had held a permanent driving license and was not disqualified from holding or obtaining such a permanent driving license. ..... it says:motor insurance--driving license liability of insurance company--insurance policy contained a condition that the vehicle be driven by a person holding a valid driving license accident while the vehicle was being driven on a public place by a person having learner's license whether insurance company is liable to pay compensation--held : no .....
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