Court : Karnataka Dharwad
..... no.104098 of 2017 c/w mfa no.104099 of 2017 registration no.ka-25/em-7353 has been falsely implicated in the alleged road traffic accident and sought for admitting the appeals and set aside the impugned order.6. ..... appeal is filed under section1731) of mv act1988 against the judgment and award dated3008.2017 passed in mvc no.1221/2014 on the file of the i additional senior civil judge and member additional motor accident claims tribunal, hubballi, with cost in the interest and justice and equity.-. ..... appeal is filed under section1731) of mv act1988 against the judgment and award dated3008.2017 passed in mvc no.1222/2014 on the file of the i additional senior civil judge and member additional motor accident claims tribunal, hubballi, with cost in the interest and justice and equity. in m. f. a. ..... firstly, those who have witnessed the accident might not be interested in setting of the criminal ..... in a matter of this nature where an accident takes place in a lonely place, it is highly difficult for the investigation agency to investigate the matter especially by examining ..... with regard to the proof of accident, the tribunal took into consideration that police records sufficiently indicated involvement of tata ace vehicle ..... injured persons, in a road traffic accident that occurred on 27.08.2013 at about ..... limited and another, reported in 2021(1) scc171has clearly held that the standard of proof is that is required to be adopted in proving the accident in that of preponderance of possibility.12. .....
Tag this Judgment!Court : Supreme Court of India
..... ) law of limitation 50 marks paper- ii substantive law 100 marks (i) constitution of india (ii) indian penal code (iii) law of contract (iv) sale of goods act (v) transfer of property act (vi) negotiable instrument act (vii) law relating to motor vehicle accident claim (viii) jurisprudence. .....
Tag this Judgment!Court : Supreme Court of India
..... the record reveals that after appellant s car accident in november, 2009 the couple was blessed with a baby boy on 1 (2017) 9 scc6322 (2007) 4 scc5116 21.05.2010. .....
Tag this Judgment!Court : Karnataka Dharwad
..... in the case of kishan gopal and another, supra, hon ble apex court while considering the relevant aspects of the matter ruled that in the case of death of a minor in road traffic accident, the claimants would be entitled for compensation in a sum of rs.5,00,000/-.15. ..... whether the petitioners prove that the deceased roopa died in an accident that occurred on 28.08.2010 at about 3.00 p.m. ..... claimants are the parents and siblings of the minor girl by name roopa who was aged 10 years who lost her life in a road traffic accident that occurred on 27.08.2010 at about 2.30 p.m. ..... accident occurred on account of the rash and negligent driving of the driver of the tractor bearing no.ka-34/t- 9155. .....
Tag this Judgment!Court : Karnataka Dharwad
..... unit including goats and other pet animals got hurt and two of the goats died in the said road accident on account of rash and negligent driving of the driver of the t.t. ..... in respect of a road traffic accident that has occurred on 11.01.2006, involving a tractor and two trailers bearing registration no.mxv-5429-mh-09/u-1499/1501 (for short t.t. ..... these two appeals are arising out of the judgment and award passed in mvc nos.1661/2006 and 1662/2006 dated 25.05.2011 on the file of i additional senior civil judge and motor accident claims tribunal, belagavi.3. .....
Tag this Judgment!Court : Karnataka Dharwad
..... unit including goats and other pet animals got hurt and two of the goats died in the said road accident on account of rash and negligent driving of the driver of the t.t. ..... in respect of a road traffic accident that has occurred on 11.01.2006, involving a tractor and two trailers bearing registration no.mxv-5429-mh-09/u-1499/1501 (for short t.t. ..... these two appeals are arising out of the judgment and award passed in mvc nos.1661/2006 and 1662/2006 dated 25.05.2011 on the file of i additional senior civil judge and motor accident claims tribunal, belagavi.3. .....
Tag this Judgment!Court : Karnataka Dharwad
..... merely because the prosecution was able to prove the death of mallikarjuna in the said accident and injuries to the rider of the motorcycle by name yallappa, that does not mean that, it was accused, who drove the bus in a rash and negligent manner endangering human life.13 ..... the very important document in this case is ex.p8-sketch of spot of occurrence of the accident prepared by the investigating officer at the time of conducting investigation and panchanama. ..... further, it is an admitted fact between both the sides that, the accident has taken place not because of any mechanical defects in the vehicles. ..... when they were harvesting onion crop in the landed property of the complainant, was there any occasion for them to observe the accident, is not properly explained by any of the witnesses in this case. ..... in the cross- examination, he admits that when the said accident has taken place, they were engaged in harvesting onion crop in the landed property of the complainant ..... if really pw1 and pw5 were the eyewitnesses to the accident, they would also have stated - 18 - as spoken to by ..... immediately, the complainant rushed to the spot of the accident and noticed injuries being suffered by both rider as well as pillion rider of the ..... means, the evidence of all the witnesses show that only after the accident they came to know that the accident has taken place.23. ..... cumulative reading of all these documents, they do suggest that the said accident has taken place as noted in ex.p8-sketch.19. .....
Tag this Judgment!Court : Supreme Court of India
..... petition (c) no.295 of 2012 page 9 of 13 a) if the particulars of the vehicle involved in the accident are not available at the time of registration of the report regarding the accident by the jurisdictional police station and if, after making reasonable efforts, the particulars of the vehicle involved in the accident could not be ascertained by the police within a period of one month from the date of registration of accident report, the officer-in-charge of the police station shall inform in writing to the ..... the scheme made under sub-section (3), there shall be paid as compensation, (a) in respect of the death of any person resulting from a hit and run motor accident, a fixed sum of two lakh rupees or such higher amount as may be prescribed by the central government; (b) in respect of grievous hurt to any person resulting from a hit and run motor accident, a fixed sum of fifty thousand rupees or such higher amount as may be prescribed by the central government. ..... officer shall be provided by the police to the injured or the legal representatives of the deceased, as the case may be; b) the officer in charge of the police station, within one month from the date of the accident, shall forward the far to the claims enquiry officer as provided in sub-clause (1) of clause 21 of the scheme. ..... whether there were any provisions or schemes for compensation to victims of hit and run motor accidents and if so; the number of cases registered to seek such compensation and the amount disbursed .....
Tag this Judgment!Court : Karnataka
..... to hold that the driver of the insured vehicle had no driving licence as on the date of accident, there must be clear evidence on the record of the case to that effect. ..... ) held that the insurance company has failed to discharge the burden cast upon it under section 96(2)(b)(ii) of the m.v.act, 1939, when it had the knowledge that the driver had no valid driving licence at the time of accident, the burden of proving the said aspect is upon the insurance company. ..... the conclusion, thus, was that the driver, who permits his licence to expire and does not get it renewed till after the accident, cannot claim that it should be deemed that the licence is renewed retrospectively.21. ..... in the light of the decision of the supreme court extracted above and having regard to the fact that there is no evidence on record to show that the rider of the insured motorcycle had no driving licence as on the date of accident, the contention of the appellant cannot be accepted. ..... first respondent has employed the deceased as his driver and he has allowed him to drive the vehicle which met with an accident resulting in his death. ..... while protecting the rights of the claimants by asking the insurance company to deposit the amount, the recovery of the same from the insured would follow as the sympathy can only be for the victim of the accident. ..... there is no dispute that the first respondent was the insured, the policy of insurance issued by the insurance company is valid and effective as on the date of accident. .....
Tag this Judgment!Court : Supreme Court of India
..... the contractor will be liable to any loss or damage caused to the iocl, its employees or any third party resulting from fire, leakage, negligence, explosion, accident or any other cause in operating the said tank trucks at the time of loading and unloading and during transit; civil appeal no.3548 of 2017 etc. ..... the contractor will be solely responsible and shall keep ongc indemnified against any consequence under any law arising from any accident caused to the equipment/property/personnel engaged in the contract. ..... the contractor is mandated to fully indemnify ongc against any consequence under law arising from any accident caused by the cranes to the equipment/property/personnel of ongc. ..... moreover, in case of any mishap or accident in connection with the cranes or connection with the use of the cranes or as a consequence thereof, the entire liability will be of the contractor and not of the ongc. ..... in case of any accident or damage while the trailer is on ongc duty, there shall be no liability of any nature incurred by the ongc; h. .....
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