Court : Supreme Court of India
..... as well as upon appreciating the material placed on record, we feel that the contentious finding whereby, the driver of the car, namely, saiprasad karande (deceased) was held jointly responsible for causing the accident along with the driver/owner of the offending truck leading to the claims of the passenger-sushma & dependants of the deceased-passengers being deducted by 50% on the principle of contributory negligence is perverse on the ..... the tribunal and the high court makes no reference to availability of streetlights at the collision site and hence, there is no doubt that at the time of the accident, the conditions on the road would have been pitch dark making it virtually impossible for the incoming vehicles to sight the stationary offending truck within a reasonable distance.24 ..... taking into consideration the facts in totality, it may be stated that if the driver of the car was cautious, he would have avoided the accident and accordingly, the rule of last opportunity would be squarely applicable to the facts of the case and therefore, the finding recorded by the tribunal fastening 50% contributory negligence on the drivers of both the ..... and thus, the appellant-claimants cannot be denied their rightful compensation on the ground that the driver of the car, namely saiprasad karande (deceased), was jointly responsible for the accident with the person in control of the 19 offending truck and hence, their claims should be reduced on the principle of contributory negligence.40. .....
Tag this Judgment!Court : Karnataka
..... liable to pay the third party and recover from the insured even if there is breach of any condition recognized under section 149(2), even if it is a fundamental breach (that is breach of condition which is the cause for the accident) and the insurer proves the said breach, in view of the mandate under section 149(1) of the act. ..... evidence persuaded that the deceased was succumbed to death on account of head injury sustained in the accident and the petitioners are able to demonstrate the nexus between the injuries and the cause of death.12 ..... contra, learned counsel for the petitioners has contended that due to head injury sustained in the accident, from the date of accident till the date of death, the deceased was under unconscious state. ..... learned counsel for the insurance company has contended that at the time of accident, the vehicle in question was plying on the road without valid permit and - 7 - ..... the petitioners as dependants have approached the x additional judge, court of small causes and motor accident claims tribunal, (scch-16) at bangalore (in short 'the tribunal') for grant of compensation of rs.30,00, ..... of the inpatient records, discharge summary and the treatments provided to the injured goes to explain that from the date of accident till 23.07.2013, the deceased was under unconscious state. ..... it is also submitted that, in view of the evidence of rw-1, at the time of accident, the vehicle in question was not holding valid permit as well as the fitness 1 (2009) 6 scc121- 9 - .....
Tag this Judgment!Court : Karnataka
..... liable to pay the third party and recover from the insured even if there is breach of any condition recognized under section 149(2), even if it is a fundamental breach (that is breach of condition which is the cause for the accident) and the insurer proves the said breach, in view of the mandate under section 149(1) of the act. ..... evidence persuaded that the deceased was succumbed to death on account of head injury sustained in the accident and the petitioners are able to demonstrate the nexus between the injuries and the cause of death.12 ..... contra, learned counsel for the petitioners has contended that due to head injury sustained in the accident, from the date of accident till the date of death, the deceased was under unconscious state. ..... learned counsel for the insurance company has contended that at the time of accident, the vehicle in question was plying on the road without valid permit and - 7 - ..... the petitioners as dependants have approached the x additional judge, court of small causes and motor accident claims tribunal, (scch-16) at bangalore (in short 'the tribunal') for grant of compensation of rs.30,00, ..... of the inpatient records, discharge summary and the treatments provided to the injured goes to explain that from the date of accident till 23.07.2013, the deceased was under unconscious state. ..... it is also submitted that, in view of the evidence of rw-1, at the time of accident, the vehicle in question was not holding valid permit as well as the fitness 1 (2009) 6 scc121- 9 - .....
Tag this Judgment!Court : Karnataka
..... 2001, in lata wadhwa s case8 which was not in relation to a motor vehicle accident but in relation to a fire accident at a celebration in a factory which left several children dead the apex court granted compensation ..... of the matter, keeping in mind that compensation would have to be awarded only once for an accident, this component of future dependency would also have to be taken into account while awarding a just ..... compensation once and for all for the loss suffered, and while doing so, they are required to take into consideration the pecuniary loss in the immediate aftermath of the accident as well as the future pecuniary loss that may be suffered by the victim or their legal representatives. iv. ..... the law in cases where men and material are being transported by road during which an accident occurs, resulting in loss of life or bodily harm, creates a statutory liability on the owner/driver of the vehicle to pay compensation to the victim ..... no.11440 of 2011 c/w mfa no.206 of 2018 2,50,000 units of account unless the carrier proves the accident was due to an act of war, hostilities, civil war, insurrection, or a natural phenomenon of an ..... if the compensation payable to a minor or a major (in the case of a railway accident or an airplane accident) is the same, the justification for payment of a lesser compensation to a minor victim in a motor vehicle accident would not only be legally flawed and constitutionally impermissible, but would also run afoul of the guarantee conferred under .....
Tag this Judgment!Court : Karnataka
..... 2001, in lata wadhwa s case8 which was not in relation to a motor vehicle accident but in relation to a fire accident at a celebration in a factory which left several children dead the apex court granted compensation ..... of the matter, keeping in mind that compensation would have to be awarded only once for an accident, this component of future dependency would also have to be taken into account while awarding a just ..... compensation once and for all for the loss suffered, and while doing so, they are required to take into consideration the pecuniary loss in the immediate aftermath of the accident as well as the future pecuniary loss that may be suffered by the victim or their legal representatives. iv. ..... the law in cases where men and material are being transported by road during which an accident occurs, resulting in loss of life or bodily harm, creates a statutory liability on the owner/driver of the vehicle to pay compensation to the victim ..... no.11440 of 2011 c/w mfa no.206 of 2018 2,50,000 units of account unless the carrier proves the accident was due to an act of war, hostilities, civil war, insurrection, or a natural phenomenon of an ..... if the compensation payable to a minor or a major (in the case of a railway accident or an airplane accident) is the same, the justification for payment of a lesser compensation to a minor victim in a motor vehicle accident would not only be legally flawed and constitutionally impermissible, but would also run afoul of the guarantee conferred under .....
Tag this Judgment!Court : Supreme Court of India
..... nature specified in sub-section (1) of section 165 may be made (a) by the 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 authorized by the person injured or all or any of the legal representatives of the deceased, as the case may be, provided that where all the ..... (2) every application under sub-section (1) shall be made, at the option of the claimant, either to the claims tribunal having jurisdiction over the area in which the accident occurred, or to the claims tribunal within the local limits of whose jurisdiction the claimant resides or carries on business or within the local limits of whose jurisdiction the defendant resides, and shall be in such form and ..... an application for payment of compensation is filed before the tribunal constituted under section 165 of the act for adjudicating upon the claim for compensation in respect of accident involving the death of, or bodily injury to, persons arising out of the use of motor vehicles, or damages to any property of a third party so arising, ..... (5) notwithstanding anything in this act or any other law for the time being in force, the right of a person to claim compensation for injury in an accident shall, upon the death of the person injured, survive to his legal representatives, irrespective of whether the cause of death is relatable to or had any nexus with the injury .....
Tag this Judgment!Court : Karnataka
..... it is a case in which he was not with the vehicle nor was he arrested from the spot when the accident occurred or when truck and contraband were taken into custody. ..... they had gone to inform the owner of the truck of the said accident but did not return. ..... after the accident, the driver and the cleaner came out of the truck cabin and on enquiry by the said witnesses they informed their names as joginder singh s/o jang singh and gurmail singh s/o nachhattar singh. ..... he was informed by two shopkeepers at the nearby place, namely, ram sarup (pw-6) and naresh kumar (pw-10) that the accident occurred at 9 p.m. .....
Tag this Judgment!Court : Karnataka Dharwad
..... however, taking note of award of meager compensation by the tribunal under the conventional heads and also keeping in mind the disability suffered by the claimants, their agony, pain and suffering, loss of happiness due to the accident in question, we are of the considered view that the interest of justice would be met if the award of compensation under the head of loss of future income awarded by the tribunal is adjusted on other heads, where meager compensation is ..... cheque, liability of the insurance company to indemnify the claim is continuous, unless the insurer gives the intimation regarding the dishonour of cheque and the consequent cancellation of policy to the policy-holder before the date of accident in terms of chapter xi of the motor vehicles act, 1988, the provisions of the indian contract act, 1872 and the insurance act, 1938. ..... is further averred that the jeep insured with them was a private vehicle, but as on the date of accident, it was used for hire & reward by the deceased and other inmates of the vehicle to go to ..... it is further submitted that the injured-claimants have continued to work in athani municipality even after the accident, hence, question of paying any compensation under the head of loss of future - 24 - ..... accepted for the simple reason that the owner of the vehicle, rw-1 deposed before the tribunal that the vehicle was given to his friend to visit gokarna & sringeri and while coming back, the accident took place and the vehicle was not lent on rent. .....
Tag this Judgment!Court : Karnataka Dharwad
..... however, taking note of award of meager compensation by the tribunal under the conventional heads and also keeping in mind the disability suffered by the claimants, their agony, pain and suffering, loss of happiness due to the accident in question, we are of the considered view that the interest of justice would be met if the award of compensation under the head of loss of future income awarded by the tribunal is adjusted on other heads, where meager compensation is ..... cheque, liability of the insurance company to indemnify the claim is continuous, unless the insurer gives the intimation regarding the dishonour of cheque and the consequent cancellation of policy to the policy-holder before the date of accident in terms of chapter xi of the motor vehicles act, 1988, the provisions of the indian contract act, 1872 and the insurance act, 1938. ..... is further averred that the jeep insured with them was a private vehicle, but as on the date of accident, it was used for hire & reward by the deceased and other inmates of the vehicle to go to ..... it is further submitted that the injured-claimants have continued to work in athani municipality even after the accident, hence, question of paying any compensation under the head of loss of future - 24 - ..... accepted for the simple reason that the owner of the vehicle, rw-1 deposed before the tribunal that the vehicle was given to his friend to visit gokarna & sringeri and while coming back, the accident took place and the vehicle was not lent on rent. .....
Tag this Judgment!Court : Karnataka Dharwad
..... however, taking note of award of meager compensation by the tribunal under the conventional heads and also keeping in mind the disability suffered by the claimants, their agony, pain and suffering, loss of happiness due to the accident in question, we are of the considered view that the interest of justice would be met if the award of compensation under the head of loss of future income awarded by the tribunal is adjusted on other heads, where meager compensation is ..... cheque, liability of the insurance company to indemnify the claim is continuous, unless the insurer gives the intimation regarding the dishonour of cheque and the consequent cancellation of policy to the policy-holder before the date of accident in terms of chapter xi of the motor vehicles act, 1988, the provisions of the indian contract act, 1872 and the insurance act, 1938. ..... is further averred that the jeep insured with them was a private vehicle, but as on the date of accident, it was used for hire & reward by the deceased and other inmates of the vehicle to go to ..... it is further submitted that the injured-claimants have continued to work in athani municipality even after the accident, hence, question of paying any compensation under the head of loss of future - 24 - ..... accepted for the simple reason that the owner of the vehicle, rw-1 deposed before the tribunal that the vehicle was given to his friend to visit gokarna & sringeri and while coming back, the accident took place and the vehicle was not lent on rent. .....
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