Court : Karnataka
Reported in : 2000ACJ1463
..... and haryana high court, in a case in which the drivers of more than one motor vehicle on account of their rash and negligent driving of respective vehicles caused an accident, which gives rise to a claim for compensation, had held that they (the drivers) were joint tortfeasors and their liability was joint and several and after extracting the discussion ..... instance, in cases where the rash and negligent driving of a vehicle belonging to the government or a public sector undertaking and a vehicle belonging to a private individual was the cause for an accident, there is every likelihood of collusion or compromise between the claimant and the owner of the private vehicle whereby the claimant agrees to receive smaller amount and not to proceed against him, for, it ..... tribunal has to specify the amount which shall be paid by the insurer or owner or driver of the vehicle involved in the accident or by all or any of them, as the case may be and that this necessarily means that the tribunal has to fix the liability of each and every person in respect of the payment of ..... this high court in the above cited two decisions has been taken mainly on two grounds, namely:(i) the drivers of two or more vehicles who by their negligence cause an accident are not joint tortfeasors even though the resultant damage caused to the third party is the same, and(ii) section 110-b of the motor vehicles act, 1939, stipulates that the .....
Tag this Judgment!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 : 2004ACJ271
..... in other words, the prescribed form should not be treated like a plaint and if any claim for compensation has been made it is for the tribunal to find out whether the accident occurred on account of negligence of the driver of the vehicle involved and what compensation should be awarded on all heads for which opposite party is responsible. ..... to determine compensation payable to the appellant, but what dissuades us from such ordinary course is that the accident took place as far back as on 30.6.1991 and even after 12 years and more, the appellant has not received any compensation, not even the compensation under the head 'no fault liability' ..... therefore, the oral evidence adduced in this case is no way helpful to decide the question whether the accident took place on account of rash and negligent driving of the vehicle by the deceased, or, rash and negligent driving of the vehicle by the respondent no. 1 ..... 1 took the corpse of the deceased to the mortuary of the bidadi primary health centre and lodged a complaint with the bidadi police station with regard to occurrence of the accident and death of the deceased alleging that the accident took place due to rash and negligent driving of the vehicle by the deceased himself. ..... 1 himself was driving the vehicle and on account of his rash and negligent driving, the accident took place resulting in the death of the deceased and that with the connivance of the local police he hushed up the matter and did not inform the claimant in time.13. mr. .....
Tag this Judgment!Court : Karnataka
Reported in : II(2005)ACC591
..... general manager, karnataka state road transport corporation : air2001kant275 , where section 163a was declared to be a substantive provision available only for claims based on post 1994 accidents.it is evident from the above that section 163a was never intended to provide relief to those who suffered in a road accident not because of the negligence of another person making use of a motor vehicle, but only on account of their own rash, negligent or imprudent act resulting in ..... 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. ..... it was stated that the deceased was in the employment of a private company unconnected with the respondent-owner and that the accident had taken place while the deceased was on private work riding the scooter borrowed from the owner.on the above pleadings the tribunal framed three issues for determination which ..... if the answer is 'yes' the beneficial provisions of section 163a 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 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : I(2007)ACC133; 2007ACJ2578; 2006(1)ALT762
..... stated by the witnesses examined on behalf of plaintiff that there were no enemies for plaintiff, the natural corollary would be that the benefit would accrue only to plaintiff as a result of the fire accident and that the motive and opportunity to cause such an accident could be attributable only to plaintiff; that plaintiff was heavily indebted to banking institutions and so the amount that will be received from the insurance company was the only way to clear ..... is also to be noted that d.w.3, who is stated to be the first person present within a few hours at the scene of fire accident, was, in fact, the right person to say something about the alleged involvement or fraud on the part of plaintiff. ..... this context, it is to be noted that the said two anonymous letters under exs.b-19 and b-20 were addressed even before the occurrence of fire accident stating that some plan was being hatched by the plaintiff to burn the tobacco stocks in its godown.50. ..... the godown was a big (large) godown and electric short-circuit could not have resulted in such an extensive fire accident; secondly the main switch was in the office room and thirdly the wiring was intact, as spoken to by p.w.2.36 ..... view of the rival contentions, the points that would fall for our consideration are:(1) whether the plaintiff could establish successfully - as to whether the fire was due to accident or due to mischief of third parties in order to overcome the exception mentioned in clause-13 of the conditions of the policy? .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1983]53CompCas269(AP)
..... feeling of 'social justice' which dictates that within certain fields if a person suffers injury, someone else must pay compensation for that injury...this instinct is fortified by an awareness that industrial accidents tend to strike the principal earner of a family and his death or disability affects his wife and children...it is suggested, therefore, that 'compensation' is a more apt word to describe ..... of section 110 and that un-amended section 110 read thus :'a state government may, by notification in the official gazette, appoint a person or a body of persons to investigate and report on accidents involving the death of or bodily injury to any person arising out of the use of motor vehicles, and the extent to which their claims to compensation have been satisfied and to advise and ..... for consideration is whether the legal representatives of the deceased claiming compensation under section 110a of the motor vehicles act, 1939, as amended from time to time, in respect of an accident involving the death of several persons and arising out of the use of motor vehicle on a highway are obliged to prove anything other than what is required under the act or ..... who are justly entitled to compensation may be entirely deprived of any relief because the evidence on their behalf has been extinguished by the force of the accident.in these circumstances the orderly judicial process of applying the law of torts and the laws of evidence has proved quite inadequate to provide prompt and just service .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All132
..... its special risks to which only those who have business at the harbour are exposed, seems to me to have come with the protection of the act, for if he sustains an accident while using this access he sustains it by reason of risks incidental to his employment which he would not have encountered but for his employment.'48. ..... its special risks to which only those who have business at the harbour are exposed, seems to me to have come within the protection of the act, for if he sustains an accident while using this access he sustains it by reason of risks incidental to his employment which he would not have encountered but for his employment. ..... ', (1917) ac 479 (c).from what has been said above, it would appear to be a legitimate corollary that what may be called environmental accidents, that is accidents resulting from the surroundings in which the workman is employed or through which he has to reach his place of work in order to carry out his obligations to his employer, ..... ' thus where a workman is injured when he is on his way to or from his work, courts have in appropriate cases held that the accident arose in the course of his employment, the principal point to be regarded in such cases being whether he was doing something which was implied in his contract or in other words whether ..... stated above, i have come to the conclusion that the respondent's injuries were not caused by an accident 'arising out of and in the course of his employment' and therefore the employer is not bound .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1985All197
..... words, the argument is that if the lady was either earning at the time of her death (on account of the motor vehicle accident) or her earning capacity for future years has been taken into consideration, then no compensation for her possible gratuitous services could be ..... jenkins, (1913) ac 1, judicial committee observed that it is not a condition precedent to the maintenance of an action under the fatal accidents act, 1846, that the deceased should have been actually earning money or money's worth or contributing to the support of the plaintiff at or before the date of the death provided that the plaintiff hud ..... evidence the learned tribunal by his common judgment dated 29-4-82 held that at the time of accident sharda prasad, the authorised driver of the corporation bus was driving the same and the accident had taken place due to the rash and negligent driving of the said bus by him. ..... 4750/- as compensation towards mental suffering which she had undergone as a result of the accident as well as on account of the injuries sustained by her (pain and suffering on account of injuries) was upheld by ..... before the military court of inquiry that at the time of accident he himself was driving the corporation bus seems to represent the correct ..... 1667) the supreme court observed :'the jurisprudence of compensation for motor accidents must develop in the direction of no-fault liability and the determination of the quantum must be liberal, not niggardly since the law values life and limb in a free .....
Tag this Judgment!Court : Allahabad
Reported in : 2008ACJ1624; AIR2007All122; 2007(2)AWC2050
..... new motor vehicle act, the period of limitation cannot be introduced by way of interpretation by applying the cut of date of commencement of amended act to exclude the claim of compensation in respect of accident which occurred prior to the date of commencement of the aforesaid provisions of amendment act or in respect of the claims which were pending on the date of commencement of the act thus providing ..... motor vehicle act will apply even in pending cases before claims tribunal as well as in pending statutory appeals at higher forum including this court, irrespective of the fact as to whether accident occurred prior to the date of commencement or on or after the date of commencement of the aforesaid provisions of act, accordingly, we hold that even assuming that the provisions ..... motor vehicle act the claimants are required to plead and prove the negligence in use of motor vehicle or if the outside agency is found to be solely responsible in causing the accident involving the death or bodily injury to persons or damage to any property of third party so arisen or both, the claimants would be divested from claiming compensation under the ..... under section 110 as well as the cases in which it shall have no jurisdiction to entertain the petition at the very threshold or subsequently on a finding that the accident was not caused by the use of the motor vehicle but solely by some outside agency. 15. the upshot of the above discussion, therefore, is that the claims .....
Tag this Judgment!Court : Jharkhand
Reported in : 2010ACJ235; [2009(1)JCR326(Jhr)]
..... , if we had to consider the principle of the workmen's compensation act as res integra, i should be of opinion that the principle was one more akin to insurance at the expense of the employer of the workman against accidents arising out of and in the course of his employment than to the imposition on the employer of liability for anything for which he might reasonably be made answerable on the ground that he ought to have foreseen and prevented it ..... the daily course of human life: and it is often equally difficult to decide whether a mishap comes within the risk taken, or the exceptions made, by the terms of a particular policy.accident excludes intentional act of assurednor is an intentional act of the assured an 'accident' however unforeseen an injury may he which results from it. there was held to be nothing accidental in the assured pushing and pulling a drunken man from his premises, even though, unknown ..... if the immediate cause of the injury is the deliberate and wilful act of the insured himself, there would seem to be no accident, and no claim will lie under the policy, at any rate if the insured is not mentally disordered at the time of ..... . in the book 'law of motor insurance' by robert merkin and jeremy stuart-smith, first edition, the term 'accident' has been defined as:the word 'accident' is ambiguous, and might refer to what has happened from the point of view of the victim (in that he has suffered unexpected injury) or from the point of view of the driver (in that .....
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