Court : Karnataka
Reported in : 2010ACJ351; 2009(4)KarLJ151
..... in this case facts to the following extent are not in dispute: accident occurred on 6-11-2002 within the jurisdiction of hiriyur police station is not in dispute. ..... that after the post-mortem clothes which were on the body of jeharuddin were seized by the police and the same were identified by the cleaner nagaraj and he further contends that considering the place of accident and the distance at which dead body was found can be connected to the cause of the accident, therefore he requests the court to dismiss the appeal.8. ..... according to us, cleaner nagaraj was the best person to identify the clothes of jeharuddin who has seen jeharuddin at the time of the accident and was travelling in the lorry from mysore to gulbarga. ..... body, it cannot be held that the post-mortem was conducted on the dead body of jeharuddin and that the dead body on which post-mortem was conducted was traced on 11-11-2002 five days after the accident, therefore there cannot be a nexus between the accident and the cause of death of unknown body. ..... according to him, immediately after the accident, dead body of jeharuddin was not traced and it was also not informed to the police about the missing of jeharuddin immediately after the accident either by the owner of the vehicle or by his parents. .....
Tag this Judgment!Court : Karnataka
Reported in : II(1988)ACC510; ILR1988KAR1942; 1988(2)KarLJ62
..... court government pleader took us through the evidence on record and urged that the learned magistrate has failed to note that there were brake marks to a distance of about 105 feet till the spot of the accident and that the accident had taken place on the offside of the road, with reference to the direction in which the car was proceeding then. ..... probalising the evidence of the eye-witnesses that the vehicle was driven at high speed; (ii) that the accident occurred on the off-side of the road with reference to the direction in which the car was proceeding then ; (iii) that the vehicle went from behind and knocked down the deceased, his conclusion that the accident was not due to the rash and negligent driving of the accused can not be sustained. ..... is a cooli, working at the bus-stand of kellur and he also owns a pan shop in that bus-stand and according to him, at the time of the accident, he was proceeding from his pan shop towards the bus bound for muddebihal for cooli work.8. ..... is the elder brother of the deceased and he was proceeding along with her at the time of the accident on the right side of the road while proceeding towards gulbarga and the car came from behind them and dashed against his sister.9. ..... the following facts can be said to have been satisfactorily established by the prosecution evidence:i) that the accident took place on the shahapur-gulbarga road which runs from south to north near the bus-stand at kellur ;ii) that car no. .....
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 : I(2005)ACC544; 2004ACJ1540; 2004(7)KarLJ49
..... shekhar, 1987 acj 1022 (karnataka), a division bench of this court held that '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 ..... case, while dealing with claims for damages for personal injuries caused in a motor vehicle accident resulting in debilitating and incapacitating the injured, this court had enhanced the compensation from rs ..... the claimant, in his testimony, has stated that due to the injuries sustained in the accident, he had to undergo two more surgeries, despite which the injuries were not cured and that he suffers from recurrent pain and ..... rw 1, the driver of the bus who deposed that it was the claimant-injured who while riding the motor cycle in a zigzag manner dashed against the right side of the bus causing the accident despite signalling to the claimant by use of the dipper of the head lights of the bus.10. ..... 1869 (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 the accident; secondly, the injury he sustains in his person, or his physical capacity of enjoying life. ..... up by the respondent that the claimant was in an inebriated condition at the time of the accident, was neither proved nor corroborated by testimony of any independent, uninterested witness. .....
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 .....
Tag this Judgment!Court : Karnataka
Reported in : I(2004)ACC289; 2004ACJ759; 2003(5)KarLJ323
..... vijayakumar that if a passenger without the knowledge of the conductor or driver of the bus stealthily climbs to the roof of the bus from the rear and remains undetected in darkness and eventually meets with an accident, neither the driver nor the conductor of the bus can be held responsible for any negligence so as to entitle the injured or his legal heirs to the payment of any compensation. ..... alternatively, he submitted that even if the driver or conductor of the offending vehicle was held in any way responsible for the accident on account of their negligence in preventing the deceased from going to the rooftop or forcing him to alight from the same, the said negligence could not be more than 50% ..... 2 and held that the deceased had taken to the roof of the bus on his own and therefore, the accident in question resulting in injuries to him was in no way attributable to any act of omission or commission on the part of the driver or conductor of the ..... appearing for the corporation, any passenger who climb to the roof of the vehicle to travel by squatting on the same takes a calculated risk and must be presumed to have contributed to the occurrence of the accident in an equal measure if not more on the analogy of the judgment of this court in mayamma's case, supra.13. ..... the second question relates to the quantum of compensation that could be awarded in case the accident is found to have been caused either entirely or in part on account of the negligence of the driver of the offending .....
Tag this Judgment!Court : Karnataka
Reported in : 1992ACJ173; ILR1991KAR778; 1991(2)KarLJ53
..... with great respect we are unable to agree with the view that the no fault liability created under section 92a applies to accidents which took place prior to the date on which the said section came into force, when the parliament has not chosen to give retrospective effect to ..... this it follows, the liability to pay compensation on the ground of no fault which had been incurred on the date of the accident remains unaffected and could be enforced in a legal proceeding instituted under section 110-a of the 1939 act, even after the 1988 ..... liability to pay compensation in certain cases on the principle of no fault-(1) where death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or, as the case may be, the owners of the vehicle shall, jointly and severally, be liable to pay compensation ..... case which makes the quantum of no fault liability fixed under section 140 of the 1988 act applicable to all pending cases which means not only cases arising out of accidents which have taken place after section 92a came into force, but also to accidents which took place prior to the date on which section 92a of the act came into force.13. ..... above provision in a claim petition presented under section 110-a of the act once the involvement of the vehicle concerned in the accident which resulted in the death of the deceased is established, the owner of the vehicle becomes liable to pay a sum of .....
Tag this Judgment!Court : Karnataka
Reported in : I(1998)ACC689; 1999ACJ344; [1998(79)FLR716]; ILR1997KAR2376
..... of which could only be a rough estimate, are: firstly the deceased man's expectation of life has to be estimated having regard to his age, bodily health and the possibility of premature determination of his life by any other accident; secondly, the amount required for the future provision of his family should be estimated having regard to the amounts he used to spend on his family during his lifetime, and other circumstances; thirdly, the estimated annual ..... amount which the plaintiff has entitled himself to, under a contract of insurance, such as any prudent man would make on the principle of, as the expression is 'laying by for a rainy day'....it is true that there must be the element of accident in order to entitle him to the money; but it is under and by reason of his contract with the insurance company, that he gets the amount; and i think it ought not, upon any principle of justice, to be deducted from ..... first, if the deceased had not been killed, but had eked out the full span of life to which in the absence of the accident he could reasonably have looked forward, what sums during that period would be probably have applied out of his income to the maintenance of his wife and ..... three relevant passages from the case of davies case are:'the general rule which has always prevailed in regard to the assessment of damages under the fatal accidents acts, is well settled, namely, that any benefit accruing to a dependant by reason of the relevant death must be taken into account. .....
Tag this Judgment!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 : 1999ACJ1484
..... that the object of these provisions is to facilitate earliest possible recovery of compensation awarded by the tribunal to those who have become destitute on account of the accident or who have suffered injury for that they may be compensated at the earliest because delay in realisation of the compensation money may frustrate the very object. ..... chandrashekara (supra), it has been laid down as a proposition of law that if the trailer is driven by the insured tractor but the trailer is uninsured and accident is caused by the trailer and not by the tractor then (sic) it is by the goods vehicle and it is in such a case and that if both are insured then the liability to indemnify the owner against ..... that on behalf of the appellant it has been contended that the tractor and trailer combination had caused the accident in law it is nothing but goods vehicle and insurer of tractor alone is liable to pay the interim as well as the final amount ..... of things involve the time cost and money cost invested from the scarce resources of the community would make a mockery of the injured victims, or the dependants of the deceased victim of the accident, who themselves are obliged to incur not inconsiderable expenditure of time, money and energy in litigation. ..... being different, the liability must be fastened on the appellant who insured only trailer and that the tractor which had caused the accident or even if the accident was caused by the combination of the two even then appellant is liable to pay. .....
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