Court : Karnataka Dharwad
..... the judgment and award dated 08th day of november, 2017 passed in mvc no.2477 of 2016 by the vi additional district and sessions judge and additional motor accident claims tribunal, belagavi is modified by setting aside that portion of the order by which the tribunal dismissed the claim petition of petitioner no.1 as against respondents 1 and 2 holding that petitioner is ..... vehicles act, 1988, against the judgment and award dated0811.2017 passed in mvc no.2477/2016 on the file of the vi additional district and sessions judge and member, additional motor accident claims tribunal, belagavi, partly allowing the claim petition for compensation and seeking enhancement of compensation and etc. ..... , who is petitioner no.1 and the husband of the deceased, has clearly testified that his wife was healthy, aged 35 years as on the date of accident, and was working as a permanent employee in the postal department at alore, chiplun taluk, earning a salary of rs. ..... appeals arise out of judgment and award dated 08th november, 2017 passed in mvc no.2477 of 2016 by the vi additional district and sessions judge and additional motor accident claims tribunal, belagavi (for brevity, hereinafter referred to as (the tribunal ).2. ..... vehicles act, 1988, against the judgment and award dated0811.2017 passed in mvc no.2477/2016 on the file of the vi additional district and sessions judge and member, additional motor accident claims tribunal, belagavi, awarding compensation of rs.42,76,080/- with interest at6 p.a. .....
Tag this Judgment!Court : Karnataka Dharwad
..... -d:7234-db mfa no.102474 of 2017 c/w mfa no.102063 of 2017, mfa no.102064 of 2017, mfa no.102473 of 2017 before the tribunal that accident had taken place due to negligence of driver of the bulldozer and there are no reasons to interfere in the said findings of the tribunal. ..... -d:7234-db mfa no.102474 of 2017 c/w mfa no.102063 of 2017, mfa no.102064 of 2017, mfa no.102473 of 2017 reveal that due to injuries sustained in the accident, claimant was suffering from severe pain, therefore he had to undergo another surgery in the sparsha hospital at bengaluru on 24.01.2017. ..... 7234-db mfa no.102474 of 2017 c/w mfa no.102063 of 2017, mfa no.102064 of 2017, mfa no.102473 of 2017 accident had taken place due to rash and negligent riding of scooter by basavappa and amount of compensation claimed is exorbitant. ..... is filed under section1731)n of motor vehicles act, against the judgement and award dated1502.2017 passed in mvc no.1127/2016 on the file of the xi additional district and sessions judge and member, additional motor accident claims tribunal, belagavi, partly allowing the claim petition for compensation and seeking enhancement of compensation. ..... this mfa is filed under section1731) of motor vehicles act, against the judgment and award dated1502.2017 passed in mvc no.1514/2016 on the file of ix- additional district and sessions judge and member, additional motor accident claims tribunal, belagavi, partly allowing the claim petition for compensation and seeking enhancement of compensation. .....
Tag this Judgment!Court : Karnataka Dharwad
..... -d:7234-db mfa no.102474 of 2017 c/w mfa no.102063 of 2017, mfa no.102064 of 2017, mfa no.102473 of 2017 before the tribunal that accident had taken place due to negligence of driver of the bulldozer and there are no reasons to interfere in the said findings of the tribunal. ..... -d:7234-db mfa no.102474 of 2017 c/w mfa no.102063 of 2017, mfa no.102064 of 2017, mfa no.102473 of 2017 reveal that due to injuries sustained in the accident, claimant was suffering from severe pain, therefore he had to undergo another surgery in the sparsha hospital at bengaluru on 24.01.2017. ..... 7234-db mfa no.102474 of 2017 c/w mfa no.102063 of 2017, mfa no.102064 of 2017, mfa no.102473 of 2017 accident had taken place due to rash and negligent riding of scooter by basavappa and amount of compensation claimed is exorbitant. ..... is filed under section1731)n of motor vehicles act, against the judgement and award dated1502.2017 passed in mvc no.1127/2016 on the file of the xi additional district and sessions judge and member, additional motor accident claims tribunal, belagavi, partly allowing the claim petition for compensation and seeking enhancement of compensation. ..... this mfa is filed under section1731) of motor vehicles act, against the judgment and award dated1502.2017 passed in mvc no.1514/2016 on the file of ix- additional district and sessions judge and member, additional motor accident claims tribunal, belagavi, partly allowing the claim petition for compensation and seeking enhancement of compensation. .....
Tag this Judgment!Court : Karnataka Dharwad
..... -d:7234-db mfa no.102474 of 2017 c/w mfa no.102063 of 2017, mfa no.102064 of 2017, mfa no.102473 of 2017 before the tribunal that accident had taken place due to negligence of driver of the bulldozer and there are no reasons to interfere in the said findings of the tribunal. ..... -d:7234-db mfa no.102474 of 2017 c/w mfa no.102063 of 2017, mfa no.102064 of 2017, mfa no.102473 of 2017 reveal that due to injuries sustained in the accident, claimant was suffering from severe pain, therefore he had to undergo another surgery in the sparsha hospital at bengaluru on 24.01.2017. ..... 7234-db mfa no.102474 of 2017 c/w mfa no.102063 of 2017, mfa no.102064 of 2017, mfa no.102473 of 2017 accident had taken place due to rash and negligent riding of scooter by basavappa and amount of compensation claimed is exorbitant. ..... is filed under section1731)n of motor vehicles act, against the judgement and award dated1502.2017 passed in mvc no.1127/2016 on the file of the xi additional district and sessions judge and member, additional motor accident claims tribunal, belagavi, partly allowing the claim petition for compensation and seeking enhancement of compensation. ..... this mfa is filed under section1731) of motor vehicles act, against the judgment and award dated1502.2017 passed in mvc no.1514/2016 on the file of ix- additional district and sessions judge and member, additional motor accident claims tribunal, belagavi, partly allowing the claim petition for compensation and seeking enhancement of compensation. .....
Tag this Judgment!Court : Karnataka Dharwad
..... the learned counsel for the corporation contends that in light of the fact that the workman had caused a fatal accident which has resulted in the death of a pedestrian, the punishment of removal from service is justified and the labour court could not have come to the conclusion that the punishment imposed was improper.- ..... nearly four years after he was directed to undergo training, he has been dismissed on the ground that he was responsible for an accident which had resulted in the death of two individuals and that this charge has - 62 - nc:2024. ..... it is observed by the labour court that the petitioner had not stated that he had sustained fracture in a road traffic accident and, therefore, the version of the petitioner could not be accepted.-. ..... the petitioner was charged with the offence of causing an accident when he was driving the bus bearing registration no.ka26f794 it was contended that the bus had been entrusted to one sri. s. ..... labour court has also taken note of the fact that the reporter had made a statement that the accident had occurred due to the fault of the pedestrian. ..... further stated that in light of the acquittal, the findings of the labour court that the charges were proved or that he had caused the accident while still undergoing training, cannot be accepted.115. ..... labour court has also taken the view that the petitioner did not deserve the invocation of the bar under section 11a of the id act since he had caused an accident while he was working as a - 63 - nc:2024. .....
Tag this Judgment!Court : Karnataka Dharwad
..... the learned counsel for the corporation contends that in light of the fact that the workman had caused a fatal accident which has resulted in the death of a pedestrian, the punishment of removal from service is justified and the labour court could not have come to the conclusion that the punishment imposed was improper.- ..... nearly four years after he was directed to undergo training, he has been dismissed on the ground that he was responsible for an accident which had resulted in the death of two individuals and that this charge has - 62 - nc:2024. ..... it is observed by the labour court that the petitioner had not stated that he had sustained fracture in a road traffic accident and, therefore, the version of the petitioner could not be accepted.-. ..... the petitioner was charged with the offence of causing an accident when he was driving the bus bearing registration no.ka26f794 it was contended that the bus had been entrusted to one sri. s. ..... labour court has also taken note of the fact that the reporter had made a statement that the accident had occurred due to the fault of the pedestrian. ..... further stated that in light of the acquittal, the findings of the labour court that the charges were proved or that he had caused the accident while still undergoing training, cannot be accepted.115. ..... labour court has also taken the view that the petitioner did not deserve the invocation of the bar under section 11a of the id act since he had caused an accident while he was working as a - 63 - nc:2024. .....
Tag this Judgment!Court : Karnataka Dharwad
..... the learned counsel for the corporation contends that in light of the fact that the workman had caused a fatal accident which has resulted in the death of a pedestrian, the punishment of removal from service is justified and the labour court could not have come to the conclusion that the punishment imposed was improper.- ..... nearly four years after he was directed to undergo training, he has been dismissed on the ground that he was responsible for an accident which had resulted in the death of two individuals and that this charge has - 62 - nc:2024. ..... it is observed by the labour court that the petitioner had not stated that he had sustained fracture in a road traffic accident and, therefore, the version of the petitioner could not be accepted.-. ..... the petitioner was charged with the offence of causing an accident when he was driving the bus bearing registration no.ka26f794 it was contended that the bus had been entrusted to one sri. s. ..... labour court has also taken note of the fact that the reporter had made a statement that the accident had occurred due to the fault of the pedestrian. ..... further stated that in light of the acquittal, the findings of the labour court that the charges were proved or that he had caused the accident while still undergoing training, cannot be accepted.115. ..... labour court has also taken the view that the petitioner did not deserve the invocation of the bar under section 11a of the id act since he had caused an accident while he was working as a - 63 - nc:2024. .....
Tag this Judgment!Court : Karnataka Dharwad
..... the learned counsel for the corporation contends that in light of the fact that the workman had caused a fatal accident which has resulted in the death of a pedestrian, the punishment of removal from service is justified and the labour court could not have come to the conclusion that the punishment imposed was improper.- ..... nearly four years after he was directed to undergo training, he has been dismissed on the ground that he was responsible for an accident which had resulted in the death of two individuals and that this charge has - 62 - nc:2024. ..... it is observed by the labour court that the petitioner had not stated that he had sustained fracture in a road traffic accident and, therefore, the version of the petitioner could not be accepted.-. ..... the petitioner was charged with the offence of causing an accident when he was driving the bus bearing registration no.ka26f794 it was contended that the bus had been entrusted to one sri. s. ..... labour court has also taken note of the fact that the reporter had made a statement that the accident had occurred due to the fault of the pedestrian. ..... further stated that in light of the acquittal, the findings of the labour court that the charges were proved or that he had caused the accident while still undergoing training, cannot be accepted.115. ..... labour court has also taken the view that the petitioner did not deserve the invocation of the bar under section 11a of the id act since he had caused an accident while he was working as a - 63 - nc:2024. .....
Tag this Judgment!Court : Karnataka Dharwad
..... the learned counsel for the corporation contends that in light of the fact that the workman had caused a fatal accident which has resulted in the death of a pedestrian, the punishment of removal from service is justified and the labour court could not have come to the conclusion that the punishment imposed was improper.- ..... nearly four years after he was directed to undergo training, he has been dismissed on the ground that he was responsible for an accident which had resulted in the death of two individuals and that this charge has - 62 - nc:2024. ..... it is observed by the labour court that the petitioner had not stated that he had sustained fracture in a road traffic accident and, therefore, the version of the petitioner could not be accepted.-. ..... the petitioner was charged with the offence of causing an accident when he was driving the bus bearing registration no.ka26f794 it was contended that the bus had been entrusted to one sri. s. ..... labour court has also taken note of the fact that the reporter had made a statement that the accident had occurred due to the fault of the pedestrian. ..... further stated that in light of the acquittal, the findings of the labour court that the charges were proved or that he had caused the accident while still undergoing training, cannot be accepted.115. ..... labour court has also taken the view that the petitioner did not deserve the invocation of the bar under section 11a of the id act since he had caused an accident while he was working as a - 63 - nc:2024. .....
Tag this Judgment!Court : Karnataka Dharwad
..... in mind the aforesaid enunciation of law laid down by the hon ble apex court and the provisions of law, it is very clear that in case of death resulted from the accident, all the legal representatives of the deceased are entitled to file an application under section 166 of the mv act. ..... - (1) an application for compensation arising out of an accident of the 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 - 11 - ..... , sisters & brothers children, their spouse and sometimes foster children live together and they are dependent upon the bread-winner of the family and if the bread-winner is killed on account of a motor vehicle accident, then dependents are entitled for compensation. ..... sense, they were largely dependant on the earning of their mother and in fact, were staying with her, who met with an accident at the young age of 48 years.13. ..... to the proceeding do not dispute that one sri.shivappa sangalad met with an accident on 20.11.2007, sustained fatal injuries in the said accident and - 6 - nc:2024. ..... being a beneficial legislation, which has been framed with the particular object of providing relief to the victims of the road accident or their families. ..... , met with an accident on 20.11.2007. ..... also averred that the rider of the motorcycle was negligent and caused the accident. .....
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