Court : Karnataka Dharwad
..... it is well settled law that even in cases of permanent physical disablement arising from the motor accident, the claimant can seek, apart from compensation for future loss of income, amounts for future ..... the ration of the above noted judgments is that if the victim of an accident suffers permanent or temporary disability, then efforts should always be made to award adequate compensation not only for physical injury and treatment, but also for the pain, suffering and trauma caused due to the accident, loss of earnings and victim s inability to lead a normal life and enjoy amenities, which he would have enjoyed but for the ..... the parties to the proceedings do not dispute that the appellant met with an accident on 25.09.2019 and sustained grievous injuries, which resulted in amputation of his right ..... to exclude the possibility of compensation for future prospects in accident cases involving serious injuries resulting in permanent disability. ..... in fact, any physical disability resulting from an accident has to be judged with reference to the nature of the work being performed by the ..... to ascertain his avocation, profession and nature of work before the accident, as also his age. ..... enunciation of law laid down by the hon ble supreme court referred supra, this court is of the considered view that the appellant/injured was an agriculturist prior to the accident and due to the amputation of his leg above the knee, he cannot do any agricultural activities as he was doing prior to the accident. .....
Tag this Judgment!Court : Karnataka Dharwad
..... 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. ..... sri.vinayak bhat in support of his appeal would submit that the tribunal committed an error in holding that the deceased has contributed 40% to the occurrence of the accident in question, without taking note of the fact that the claim petition was filed under section 163-a of the mv act. ..... claim petition is liable to be dismissed as not maintainable under section 163-a of the mv act, 1988 as the deceased himself was responsible for the accident and just to get compensation, the claimants have falsely filed claim petition. ..... the parties to the proceedings do not dispute the occurrence of the accident on 6.7.2012 resulting in death of sri.mahabaleshwar krishna bhat, wife of ..... of the structured formula is in the nature of a final award and the adjudication thereunder is required to be made without any requirement of any proof of negligence of the driver/owner of the vehicle(s) involved in the accident. ..... fastening the liability to an extent of 60% on the insurance company, which is contrary to the statutory provisions of section 163-a of the mv act, as no risk is contemplated under the insurance policy in respect of self negligent accident. .....
Tag this Judgment!Court : Karnataka Dharwad
..... 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. ..... sri.vinayak bhat in support of his appeal would submit that the tribunal committed an error in holding that the deceased has contributed 40% to the occurrence of the accident in question, without taking note of the fact that the claim petition was filed under section 163-a of the mv act. ..... claim petition is liable to be dismissed as not maintainable under section 163-a of the mv act, 1988 as the deceased himself was responsible for the accident and just to get compensation, the claimants have falsely filed claim petition. ..... the parties to the proceedings do not dispute the occurrence of the accident on 6.7.2012 resulting in death of sri.mahabaleshwar krishna bhat, wife of ..... of the structured formula is in the nature of a final award and the adjudication thereunder is required to be made without any requirement of any proof of negligence of the driver/owner of the vehicle(s) involved in the accident. ..... fastening the liability to an extent of 60% on the insurance company, which is contrary to the statutory provisions of section 163-a of the mv act, as no risk is contemplated under the insurance policy in respect of self negligent accident. .....
Tag this Judgment!Court : Karnataka Dharwad
..... of the road is 18 feet and from the spot shown in the sketch, towards southern side of the said spot, there is 8 feet left over road, which further indicates that from the spot of the accident, there is 10 feet road towards northern side, which clearly indicates that the rider of the motorcycle was on the left side and not on the right side. ..... southern side, there is 8 feet road and towards northern side, left over road is shown as 10 feet, which is unambiguous and clear that the accident has taken place towards southern portion of the road, which clearly indicates that the rider of the motorcycle was on the left side of the road. ..... hence, the finding recorded by the tribunal with regard to negligence that the accident took place due to rash and negligent driving of the driver of mahindra jeep is just and proper, which does not call for ..... if he was not driving rashly and negligently which contributed to the accident, we fail to see as to how, only because he was not having a license, he would be held to be guilty of ..... parties to the proceedings do not dispute that on 11.02.2017 in a road traffic accident, sri.suresh sustained fatal injuries and succumbed to the same in the hospital and the pillion rider ravindra sustained grievous injuries and had taken treatment at ..... a bare perusal of ex.p1-complaint clearly indicates that the accident in question has taken place due to rash and negligent driving of the driver of mahindra jeep and rider of the motorcycle was on the left side of .....
Tag this Judgment!Court : Karnataka Dharwad
..... of the road is 18 feet and from the spot shown in the sketch, towards southern side of the said spot, there is 8 feet left over road, which further indicates that from the spot of the accident, there is 10 feet road towards northern side, which clearly indicates that the rider of the motorcycle was on the left side and not on the right side. ..... southern side, there is 8 feet road and towards northern side, left over road is shown as 10 feet, which is unambiguous and clear that the accident has taken place towards southern portion of the road, which clearly indicates that the rider of the motorcycle was on the left side of the road. ..... hence, the finding recorded by the tribunal with regard to negligence that the accident took place due to rash and negligent driving of the driver of mahindra jeep is just and proper, which does not call for ..... if he was not driving rashly and negligently which contributed to the accident, we fail to see as to how, only because he was not having a license, he would be held to be guilty of ..... parties to the proceedings do not dispute that on 11.02.2017 in a road traffic accident, sri.suresh sustained fatal injuries and succumbed to the same in the hospital and the pillion rider ravindra sustained grievous injuries and had taken treatment at ..... a bare perusal of ex.p1-complaint clearly indicates that the accident in question has taken place due to rash and negligent driving of the driver of mahindra jeep and rider of the motorcycle was on the left side of .....
Tag this Judgment!Court : Karnataka Dharwad
..... of the road is 18 feet and from the spot shown in the sketch, towards southern side of the said spot, there is 8 feet left over road, which further indicates that from the spot of the accident, there is 10 feet road towards northern side, which clearly indicates that the rider of the motorcycle was on the left side and not on the right side. ..... southern side, there is 8 feet road and towards northern side, left over road is shown as 10 feet, which is unambiguous and clear that the accident has taken place towards southern portion of the road, which clearly indicates that the rider of the motorcycle was on the left side of the road. ..... hence, the finding recorded by the tribunal with regard to negligence that the accident took place due to rash and negligent driving of the driver of mahindra jeep is just and proper, which does not call for ..... if he was not driving rashly and negligently which contributed to the accident, we fail to see as to how, only because he was not having a license, he would be held to be guilty of ..... parties to the proceedings do not dispute that on 11.02.2017 in a road traffic accident, sri.suresh sustained fatal injuries and succumbed to the same in the hospital and the pillion rider ravindra sustained grievous injuries and had taken treatment at ..... a bare perusal of ex.p1-complaint clearly indicates that the accident in question has taken place due to rash and negligent driving of the driver of mahindra jeep and rider of the motorcycle was on the left side of .....
Tag this Judgment!Court : Karnataka Dharwad
..... of the road is 18 feet and from the spot shown in the sketch, towards southern side of the said spot, there is 8 feet left over road, which further indicates that from the spot of the accident, there is 10 feet road towards northern side, which clearly indicates that the rider of the motorcycle was on the left side and not on the right side. ..... southern side, there is 8 feet road and towards northern side, left over road is shown as 10 feet, which is unambiguous and clear that the accident has taken place towards southern portion of the road, which clearly indicates that the rider of the motorcycle was on the left side of the road. ..... hence, the finding recorded by the tribunal with regard to negligence that the accident took place due to rash and negligent driving of the driver of mahindra jeep is just and proper, which does not call for ..... if he was not driving rashly and negligently which contributed to the accident, we fail to see as to how, only because he was not having a license, he would be held to be guilty of ..... parties to the proceedings do not dispute that on 11.02.2017 in a road traffic accident, sri.suresh sustained fatal injuries and succumbed to the same in the hospital and the pillion rider ravindra sustained grievous injuries and had taken treatment at ..... a bare perusal of ex.p1-complaint clearly indicates that the accident in question has taken place due to rash and negligent driving of the driver of mahindra jeep and rider of the motorcycle was on the left side of .....
Tag this Judgment!Court : Karnataka Dharwad
..... crob no.793 of 2013 driver of the ambulance and also taking note of the fact that the maxicab driver if slowed down for a while, the accident would not have occurred at all and has attributed 50% of contributory negligence on the driver of the maxicab even though the charge sheet came to be filed against the driver of the ambulance.17 ..... or the driver of the ambulance did not place any evidence on record that soon after the expiry of the driving license there was an application filed before the rto within 30 days and the accident has occurred when the said application was pending for processing at the hands of the rto.22. ..... taking note of the fact that the accident is of the year 2010, reassessing the quantum of compensation at this distance of time on each and every head would result in futile ..... has been ignored by the tribunal in the whole process is that as per ex.r.5, driver of the ambulance did not have effective driving license as on the date of accident inasmuch as his licence got expired on 24.04.2010. ..... the maxi cab driver had slowed down for a while paving the way for the ambulance, accident would not have occurred at all.18. ..... no.793 of 2013 claimants who are injured in the said accident seeking for enhancement of the compensation.5. ..... however, contended that the driver of the maxicab did not possess the valid driving license as it got expired on 24.04.2010 and the renewal of the driving licence was taken place on 31.05.2010 and the accident has occurred on 29.05.2010.11. .....
Tag this Judgment!Court : Karnataka Dharwad
..... crob no.793 of 2013 driver of the ambulance and also taking note of the fact that the maxicab driver if slowed down for a while, the accident would not have occurred at all and has attributed 50% of contributory negligence on the driver of the maxicab even though the charge sheet came to be filed against the driver of the ambulance.17 ..... or the driver of the ambulance did not place any evidence on record that soon after the expiry of the driving license there was an application filed before the rto within 30 days and the accident has occurred when the said application was pending for processing at the hands of the rto.22. ..... taking note of the fact that the accident is of the year 2010, reassessing the quantum of compensation at this distance of time on each and every head would result in futile ..... has been ignored by the tribunal in the whole process is that as per ex.r.5, driver of the ambulance did not have effective driving license as on the date of accident inasmuch as his licence got expired on 24.04.2010. ..... the maxi cab driver had slowed down for a while paving the way for the ambulance, accident would not have occurred at all.18. ..... no.793 of 2013 claimants who are injured in the said accident seeking for enhancement of the compensation.5. ..... however, contended that the driver of the maxicab did not possess the valid driving license as it got expired on 24.04.2010 and the renewal of the driving licence was taken place on 31.05.2010 and the accident has occurred on 29.05.2010.11. .....
Tag this Judgment!Court : Karnataka Dharwad
..... crob no.793 of 2013 driver of the ambulance and also taking note of the fact that the maxicab driver if slowed down for a while, the accident would not have occurred at all and has attributed 50% of contributory negligence on the driver of the maxicab even though the charge sheet came to be filed against the driver of the ambulance.17 ..... or the driver of the ambulance did not place any evidence on record that soon after the expiry of the driving license there was an application filed before the rto within 30 days and the accident has occurred when the said application was pending for processing at the hands of the rto.22. ..... taking note of the fact that the accident is of the year 2010, reassessing the quantum of compensation at this distance of time on each and every head would result in futile ..... has been ignored by the tribunal in the whole process is that as per ex.r.5, driver of the ambulance did not have effective driving license as on the date of accident inasmuch as his licence got expired on 24.04.2010. ..... the maxi cab driver had slowed down for a while paving the way for the ambulance, accident would not have occurred at all.18. ..... no.793 of 2013 claimants who are injured in the said accident seeking for enhancement of the compensation.5. ..... however, contended that the driver of the maxicab did not possess the valid driving license as it got expired on 24.04.2010 and the renewal of the driving licence was taken place on 31.05.2010 and the accident has occurred on 29.05.2010.11. .....
Tag this Judgment!