Court : Karnataka
Reported in : 2010ACJ151:2009(1)AIRKarR126:AIR2009NOC610(D.B).
..... of the pleadings of the parties, the tribunal framed the following issues;i) whether the petitioner proves that he/she has sustained bodily injuries in the motor vehicle accident that occurred on 5.5.1997 at about 1900 hours on belgaum-bagalkot road, 1 km away towards western side of the k. ..... for the fracture of the forearm and was inpatient for more than 10 days in the said hospital; that thereafter he consulted orthopedic surgeon in bangalore and took further treatment; that prior to the accident he was hale and healthy and was practicing as an advocate in the high court, bangalore. ..... he further stated that the petitioner came with the history of road traffic accident and complained pain in his right wrist joint with difficulty in writing and difficulty in carrying weight in ..... has further stated that he lost his bright profession and future, and after the accident he was forced to close his office in majestic area at bangalore due to financial ..... out various heads under which an injured is entitled to claim compensation in paragraph-9.broadly speaking while fixing an amount of compensation payable to a victim of an accident, the damages have to he assessed separately as pecuniary damages and special damages. ..... ray films appear to have been taken immediately after the accident and after reducing the fracture and putting plaster of ..... -in-chief filed by way of affidavit, the petitioner has stated that as a result of the accident, he sustained grievous injury to the forearm and index finger. .....
Tag this Judgment!Court : Karnataka
Reported in : I(2006)ACC619; 2005ACJ2113; ILR2003KAR5159; 2004(1)KarLJ427
..... we are, therefore, of the opinion that even apart from section 140 of the mv act, victim in an accident which occurred while using a motor vehicle, is entitled to get compensation from a tribunal unless any one of the ..... that the person holding an effective learner's licence may also drive the vehicle when not used for the transport of passengers of the time of the accident and that such a person satisfies the requirements of rule 3 of central motor vehicles rules 1989. ..... of the tribunal that the appellant had suffered certain injuries in a motor accident that occurred on 11.6.1996 and that the said accident was due to the rash and negligent driving of the maxicab bearing no ..... re-liability of owner and insurer:the tribunal having hold that the accident was doc to the rash and negligent driving of the vehicle ..... from the supreme court judgment is that an accident victim would become entitled for compensation from the owner of the vehicle, if it is proved that the death or injury was caused due to the accident arising out of the use of the vehicle ..... of the insurance policy -exd1, which reads as follows:'persons or classes of persons entitled to drive: any person including insured provided that a person driving holds an effective driving licence at the time of the accident and is not disqualified from holding or obtaining such a licence. ..... wherein it is held that a victim of a motor vehicle accident is entitled to get compensation on the basis of the rule of 'strict liability' propounded .....
Tag this Judgment!Court : Karnataka
Reported in : [1998(79)FLR796]; ILR1998KAR1964
..... said thangappan was not authorised by the appellant to work during the second shift to carry out the work of the appellant, it is not possible to take the view that thangappan did not die on account of the accident in the course of the employment of the appellant, especially in the back group of the evidence on record that the prevailing practice in the appellant-port trust was that one worker would work as a badli substitute for ..... as stated earlier, if the commissioner, in the facts and circumstances of the case, has taken the view that a victim of the accident had died or met with an accident in the course of the employment, the appellant court, in exercise of appellate power conferred on it under section 30 of the act, should not lightly interfere with the said finding unless the decision of the commissioner has resulted in ..... the appellant-port trust, in all its decision and more particularly when it concerns payment of compensation to legal heirs of the victim of an accident that takes place in the course of the employment of the victim, is expected to take a very fair and reasonable stand keeping in mind the object and the purpose behind the legislation. ..... therefore, it is clear that sub-section (3) of section 4a of the act mandates the employer to pay the compensation amount as soon as it falls due to the victim of the accident or his/her legal heirs, and if it is not paid, power in conferred on the commissioner to award additional amount by way of penalty or compensation. .....
Tag this Judgment!Court : Karnataka
Reported in : 2009(5)KarLJ654:2009(4)AIRKarR193:AIR2009NOCKar2243(D.B
..... the only indication under section 147(1)(b) is any passenger of a public service vehicle is covered whenever there is a death or bodily injury to such passenger during the accident arising out of the use of a vehicle in a public place. ..... so far as evidence for the appellant-insurer is concerned, except cross-examining the witnesses for the claimants, no evidence like that of the driver or the conductor who had the first information about the accident and the details of the accident are not brought on record.5. ..... according to him the accident occurred when the bus took a turn and 5 or 6 persons fell down from the roof of the bus. ..... unfortunately, on account of the accident he reached some other destination when the driver of the bus negotiated a curve driving the bus in a rash and negligent manner.6. ..... so far as occurrence of the accident and death of the deceased when the driver of bus in question was negotiating a turn and the deceased-jagannath falling from the roof of the bus in which he was travelling, it is not seriously disputed. ..... and other passengers to travel on the roof of the bus, in view of the definition of 'passenger' under karnataka motor vehicles rules, we have to hold that deceased was also a passenger travelling in the bus at the time of the accident in question.7. .....
Tag this Judgment!Court : Karnataka
Reported in : (2003)IIILLJ962Kant
..... facts, the labour court directed reinstatement of the respondent with 50 per cent back-wages, according to the labour court, though causing of accident and death of the motor cyclist in the accident was not in dispute since the corporation has failed to adduce any oral evidence to prove that the fatal accident had taken place because of rash and negligent driving of the respondent, it came to the conclusion that the corporation has failed to prove ..... he cannot and should not take a chance thinking that a rash driving need not necessarily cause any accident; or even if any accident occurs it need not necessarily result in the death of any human being; or even if such death ensues he might not be convicted of the offence; and, lastly, that even if he is convicted he would be dealt with leniently by the court. ..... : [1977]3scr372 has held that:'the normal rule is that it is for the plaintiff to prove negligence but as in some cases considerable hardship is caused to the plaintiff as the true cause of the accident is not known to him but is solely within the knowledge of the defendant who caused it, the plaintiff can prove the accident but cannot prove how it happened to establish negligence on the part of the defendant. ..... in our opinion, the question involved herein regarding onus of proof in cases involving-motor accident is of wider consequence and public interest, therefore, it requires to be deliberated in depth and appropriate detail. .....
Tag this Judgment!Court : Karnataka
Reported in : III(2002)ACC350
..... force or instrument of having the force of law, the owner of the motor vehicle of the authorised insurer would be liable to pay the compensation in the case of death or permanent disability due to the accident as indicated in the ii 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 ..... 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.explanation--for the purposes of this sub-section, ..... 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 ..... 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 of the victim, as the case may be.27. .....
Tag this Judgment!Court : Karnataka
Reported in : 2005ACJ1332
..... we have, therefore, no difficulty in reversing the finding recorded by the claims tribunal and holding that the accident had taken place only because of the negligent and rash driving of the driver of the offending vehicle.5 ..... claims tribunal had, for want of any ocular evidence regarding the negligence of the offending vehicle's driver, declared that the case of appellants that the accident had taken place on account of the negligence of the driver of the other vehicle, had remained unsubstantiated. ..... the net effect therefore was that the initial burden of proving that the accident had occurred on account of the negligence of the offending vehicle or its driver stood ..... second aspect that the tribunal failed to take notice was that the insurance company was, in terms of section 149(2), not entitled to set up a defence that the accident had not taken place on account of the negligence of the driver of the offending vehicle. ..... there was consequently no denial of the allegations made in the claim petitions that the accident in question had taken place on account of rash and negligent driving of the offending lorry by its ..... is the report of the motor vehicle inspector who had inspected both the vehicles immediately after the accident and reported that the same did not suffer from any mechanical defect.4. ..... the case of the claimants in both the claim petitions was that the accident in question had taken place entirely due to rash and negligent driving of the offending lorry bearing registration .....
Tag this Judgment!Court : Karnataka
Reported in : 2002ACJ1998; [2002(93)FLR126]; ILR2002KAR812; 2002(2)KarLJ277
..... this court 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. ..... held that having 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.25. ..... it was 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 cerebral edema ..... on the way to the said milk dairy the lorry met with an accident, as a result the injured sustained grievous injuries resulted in fracture of both the ..... the skilled special training job of driver, on being disabled to do that on account of injuries caused may opt to do the jobs of sweeper or cobbler, because what has to be looked into is what was the job at the time of accident resulting disablement he was capable of doing and to do which he was employed. ..... this case the claimant-respondent was a driver in the appellant-corporation who suffered an injury in an accident where his thumb was cut off by one inch. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1972Kant73; AIR1972Mys73; (1971)2MysLJ373
..... as the tribunal proceeded on an erroneous view of law as to who was the owner of the vehicle on the date of the accident and has not investigated the question whether at the time of the accident the hirer, sampathraj bothra, had become the owner of the vehicle and whether respondent-1 was the servant of respondent 2 krishnappa or of hirer, sampathraj bothra, it becomes necessary to remand the ..... view taken by the tribunal that respondent-2, krishnappa, was not the owner of the vehicle on the date of the accident, merely because a hire purchase agreement was entered into on 4-9-1965 between him and sampathraj bothra in respect of ..... 2, the tribunal held that respondent-3, muniswamappa, was not the owner of the lorry on the date of the accident as he had sold it to respondent-2 krishnappa, on 4-9-1965, and that respondent-2 krishnappa, was also not the owner thereof on the date of the accident as he had entered into a hire purchase agreement with one sampathrai bothra which agreement had been endorsed in the registration certificate of the vehicle on 4-9-1965.according to ..... filed objections to those petitions pleading that he had nothing to do with that vehicle at the time of the accident, that he was not the owner thereof, that he was not a necessary party and that those petitions were ..... hence, it is necessary that the tribunal should ascertain whether on the date of the accident, respondent-2, krishnappa continued to be the owner of the vehicle or whether such ownership had passed to .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1979Kant58; ILR1978KAR1326; 1978(2)KarLJ201
..... the learned counsel for the appellant vehemently urged that the tribunal was not justified in holding that the accident was the result of rash and negligent conduct on the part of the driver of the k.s.r.t.c. ..... on these pleadings, the tribunal raised the following issues:-(1) does the petitioner prove that he sustained injuries as a result of the accident that happened on 25-3-1972 on gadag hubli road, 5 miles away from hubli ? ..... 110-a of the motor vehicles act, 1939, for the personal injuries sustained by him as a result of the motor accident that occurred on 25-3-1972 on gadag-hubli road, 5 miles away from hubli. ..... , we find no good ground to interfere with the finding of the tribunal that the accident was the result of the rash and negligent driving of the k.s.r.t.c. ..... the points therefore that arise for our consideration in this proceeding are:(1) whether the tribunal is justified in holding that the accident in question was the result of rash and negligent driving of the k.s.r.t.c. ..... unable to pointed out how the finding of the tribunal that the accident was the result of rash and negligent driving of the k.s.r.t.c. ..... the tribunal after assessing the evidence on record found that the accident was the result of rash and negligent driving of the k.s.r.t.c ..... (2) does he further prove that the said accident was due to the rash and negligent driving of the ..... , having regard to these injuries and the pain and suffering of the victim due to the accident we hold that general damages awarded at rs. .....
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