Court : Karnataka
Reported in : [1997(75)FLR316]; ILR1996KAR3584; 1996(7)KarLJ839
..... partial disablement as hereunder:'2(1)(g) 'partial disablement' means, where the disablement is of a temporary nature, such disablement as reduces the earning capacity of a workman in any employment in which he was engaged at the time of the accident resulting in the disablement, and, where the disablement is of a permanent nature, such disablement as reduces his earning capacity in every employment which he was capable of undertaking at that time; provided that every injury specified in part ..... whether he has suffered any loss of earning capacity and that the loss of earning capacity wilt have to be determined with reference to the nature of disability left over as a result of the accident and with reference to the question whether on account of the disability the employee is able to perform all work which he could have performed prior to the ..... that inspite of the permanent disability the employee is carrying on the same work which he was carrying on prior to the accident and that he is also capable of doing all other work which could have been done prior to the accident, then it would not be possible to hold that the employee has suffered any partial permanent disablement resulting in loss of ..... according to him in this case the evidence shows that the respondent is not able to carry out alt works which he could do prior to the accident and that the assessment of the loss of earning capacity made by the commissioner is quite proper and that there is no good ground to interfere with .....
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 : 2002CriLJ103; ILR2001KAR5657; 2002(1)KarLJ532
..... from the above discussion, it could be seen that but for the defective examination of the petitioner-accused under section 313 of the criminal procedure code, the circumstances in which the accident occurred could have been taken as prima facie showing that it could not be accounted to anything other than the negligence of the driver. ..... anjana sundar, the learned counsel for the petitioner-accused, would therefore submit that, there could be no presumption of an accident having occurred due to rashness and negligence of the driver, and that, that is an aspect that has to be proved by the prosecution beyond reasonable doubt by leading evidence in that regard ..... of the occupants of the car having initially states that the petitioner was driving the car in speed, and that, the accident occurred due to rashness and negligence of the petitioner, he states in cross-examination that, prior to the accident he was asleep, and that, only on hearing of the sound of impact that he woke up. ..... if that were to be so, the opinion of the motor vehicle inspector as regards the accident being not due to any mechanical defect, was a circumstance appearing in the evidence against the petitioner-accused, and the learned magistrate was duty-bound, while examining the petitioner-accused under section 313 ..... in order to rebut the above said presumption as regards the accident occurring due to his negligence, and in order to show that accident occurred for a particular reason not attributable to his negligence. .....
Tag this Judgment!Court : Karnataka
Reported in : 2009ACJ2175; ILR2009KAR195; 2009(4)KarLJ535:2009(1)KCCR314AIRKarR71:AIR2009NOC1957.
..... she being a proficient classical bharathnatyam dancer who had given performances at various places in india and abroad and had also performed on television, but on account of the injuries sustained by her in the accident, she has become permanently disabled and thereby jeopardizing her career as a dancer and as a dance teacher and further on account of the permanent disability her career in the field of her specialization has ..... she could have pursued her other career in accordance with her educational qualification and also the fact that she was only aged 25 years at the time of the accident which has also affected her marriage prospects on account of there being permanent disability, which is assessed at 50%, we propose to re-assess the compensation taking into consideration the income of the appellant ..... deposed that she was conducting private coaching classes for bharathnatyam students and that after the accident, she was not running the said classes and that she was also giving public performances in support of which she had produced certificates as well as reviews published in various newspapers, that on account of the accident, she had lost one academic year in her masters degree programme and that on ..... has also deposed that just prior to the date of the accident, she had received several offers under cultural exchange programme to ..... 000/- per month during the year 1997-98 and that after the accident she discontinued her services from march 1998 and again resumed her services .....
Tag this Judgment!Court : Karnataka
Reported in : 2001ACJ2119
..... it was further asserted that the vehicle in question was being driven by the deceased and the accident, no doubt, did take place because the deceased had driven the vehicle in a rash and negligent ..... this appeal arises from the judgment and award dated 21.1.1994 delivered by the motor accidents claims tribunal, kolar (principal district judge, kolar) whereby the tribunal has awarded compensation to the tune of ..... learned counsel for the appellant referred to the statement from line four which reads as under:i came to know at the time of the accident, he was coming to the house as pillion rider on the scooter of his friend m. ..... was further alleged that the scooter was not insured on the date of accident and that the rider had no valid driving licence. ..... pw 2 who is a witness of the accident had clearly stated that he had seen the accident and statement of pw 2 appears to be reliable ..... contended that if one gopalakrishna had informed her about the accident, then he should have been examined. ..... the claimants asserted that the accident had taken place on account of rash and negligent driving of the scooter by the respondent ..... has also been clearly mentioned that at the time of accident it was being driven by kuttuppan. ..... further the report of the accident was lodged by one ..... tribunal found that the pillion rider was not covered by the insurance policy on the date of accident and the respondent no. 1 m. ..... they further prove that the said gopalan nambiyar met with a motor accident on 8.9.1990 at about 8 p.m. .....
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 : ILR2009KAR3562
..... learned counsel for the 1st respondent/owner submitted that the evidence on record clearly establishes that his vehicle was involved in the accident though he was not an eyewitness; as he has taken insurance policy covering third party risk, it is the insurance company which has to pay compensation, thus ..... for the claimants assailing the impugned judgment and award of the tribunal, contended that, when once the owner of the vehicle admitted the accident and the vehicle was insured, the tribunal committed a serious error in not acting on the aforesaid admission and in dismissing the claim ..... did not whisper anything about his son having met with any accident and the insured vehicle having dashed against the hero honda driven ..... the 1st respondent-owner of the lorry has filed statement admitting the accident and contended that his vehicle was insured with the 2nd respondent and therefore if at all any compensation is payable, it is the 2nd respondent who is liable to ..... the evidence of pw2 coupled with other documentary evidence on record independently established the accident in question and therefore, dismissal of the petition is erroneous. ..... proved that the insured vehicle was not involved in the accident and therefore, the claim petition was dismissed. ..... they have to balance the interest of these accident victims and their legal heirs on one side, by giving them just compensation at the earliest, thus giving effect to the mandate of the parliament, and on the other hand, to see that the .....
Tag this Judgment!Court : Karnataka
Reported in : 2002ACJ1234
..... the tribunal has taken it to be 25 per cent and has opined that since the claimant was not doing any manual or hard work earlier to the accident and the nature of the avocation as such he can carry on his business without any difficulty, so, the loss of permanent disability to be assessed is 25 per cent and not at 75 per cent. ..... it is the case of the petitioner that he sustained multiple grievous injuries referred to in petition and immediately after the accident, the injured was taken to the district hospital, belgaum and due to non-availability of emergency medicines and medical facilities, this injured petitioner was shifted to kle society's hospital, belgaum, where he was admitted as an indoor ..... truck came in reverse with speed and dashed to the bus and after dashing against the said truck, the said truck went ahead and dashed to the truck going ahead of it and, therefore, the accident in question was solely due to rash and negligent driving of the truck bearing registration no. ..... once we have found that the cause as has been held by the tribunal that the accident in question was due to the sole negligence of the driver of the k.s.r.t.c. ..... 3942 of 1999, it has been contended on behalf of the appellant corporation that the finding of the tribunal that the accident had occurred solely due to rash and negligent driving of the k.s.r.t.c. ..... tribunal held that the claimant-petitioner proved that the accident being questioned did occur on account of rash and negligent driving of k.s.r.t.c .....
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 : ILR2009KAR4341
..... sudarshan would vehemently urge that looking at the documents produced namely, ex.p5 (imv report) and the damage caused to both the vehicles, it clearly shows that the accident was a head-on collision and thus, the tribunal was fully justified in arriving at the conclusion that the claimant had also contributed to the mishap. ..... having heard the learned counsel for the parties, the following points arise:1) whether the tribunal was justified in examing the cause of accident on the basis of available records?orshould the tribunal ought to have proceeded only on the basis of fir in view of sub-section (4) of section 166, m.v. ..... elaborating his submissions on these grounds, sri basavaraj would contend that ex.p1-fir and ex.p3- charge sheet clearly go to show that the accident had occurred on account of rash and negligent driving of the driver of the jeep as recorded therein, and as such the tribunal was in error in fastening contributory negligence on the claimant to the extent of 50%, and hence, he seeks setting ..... math appearing for the claimant that tribunal misdirected itself in coming to the conclusion that the accident occurred due to the negligence of the claimant by relying upon ex.p.5, imv report and it erred in not considering the fact that the accident had occurred on account of rash and negligent driving of the 1st respondent-driver of the jeep. .....
Tag this Judgment!