Court : Karnataka
..... on a perusal of notice dated 28.02.2019 produced at annexure-h to the writ petition issued by one of the petitioners it is seen that at paragraph 3 following is stated:"my client instructs me to state that, my client and his mother and brothers have filed a accident case in mvc no.534/1998 for compensation before the small causes court, bengaluru, and in the said case the award is also passed on 02.04.2004.23. ..... referring to the same learned senior counsel sought to justify that though in the motor accident claims proceedings petitioners had contended that deceased jayashankar was earning income from his business of 29 bar and restaurant, the said business was in relation to the aforesaid licence in cl-9 issued in favour of his brother venkatesh ..... this submission of learned senior counsel cannot be accepted as there is no material placed to correlate the liquor business referred to in the judgment passed in motor vehicle accident proceedings with that of cl-9 licence purportedly issued in favour of brother of deceased jayashankar. ..... the said jayashankar died on 09.02.1997 in a road accident. .....
Tag this Judgment!Court : Karnataka
..... on a perusal of notice dated 28.02.2019 produced at annexure-h to the writ petition issued by one of the petitioners it is seen that at paragraph 3 following is stated:"my client instructs me to state that, my client and his mother and brothers have filed a accident case in mvc no.534/1998 for compensation before the small causes court, bengaluru, and in the said case the award is also passed on 02.04.2004.23. ..... referring to the same learned senior counsel sought to justify that though in the motor accident claims proceedings petitioners had contended that deceased jayashankar was earning income from his business of 29 bar and restaurant, the said business was in relation to the aforesaid licence in cl-9 issued in favour of his brother venkatesh ..... this submission of learned senior counsel cannot be accepted as there is no material placed to correlate the liquor business referred to in the judgment passed in motor vehicle accident proceedings with that of cl-9 licence purportedly issued in favour of brother of deceased jayashankar. ..... the said jayashankar died on 09.02.1997 in a road accident. .....
Tag this Judgment!Court : Supreme Court of India
..... the learned senior counsel therefore submits that the subsequent dying declaration, which is recorded after 3-4 days of the accident, 8 could not have been relied on by the courts. .....
Tag this Judgment!Court : Supreme Court of India
..... the commissioner found that the relationship of workman-employer between the deceased and the non-claimant was admitted to the non-claimant; the deceased died in an accident in the course of his employment; and the deceased being a railway servant , as per the provisions of section 2(34) of the railways act, 1989 (in short, the 1989 act), would be deemed to be a workman under section 2(1)(n)(i) of civil ..... a claim against an employer under the 1923 act, there must be, (a) a workman and an employer relationship; (b) the workman must suffer personal injury in an accident; and (c) that accident must arise out of and in the course of his employment. ..... a claim against an employer under the 1923 act, there must be a workman-employer relationship; there must be a personal injury to the workman by an accident; and that accident must arise out of and in the course of his employment.52. ..... section 3 of the 1923 act, as it stood at the time of the accident in question, provided that if personal injury is caused to a workman by accident arising out of and in the civil appeal no.3592 of 2019 page 23 of 31 course of his employment, his employer shall be liable to pay compensation in accordance with the provision of chapter ii of ..... , there is nothing to indicate that the respondents claim under the 1923 act was made after receiving compensation for the same accident under any other act or law. ..... at the time of the accident in question, workman was defined by clause (n) of sub-section (1) of section 2 .....
Tag this Judgment!Court : Supreme Court of India
..... whilst no amount of money or other material compensation can erase the trauma, pain and suffering that a victim undergoes after a serious accident, (or replace the loss of a loved one), monetary compensation is the manner known to law, whereby society assures some measure of restitution to those who survive, and the victims who have to face their lives. ..... where an object which causes an accident has, at all material times, been under the control of the defendants and there is no evidence to show how the accident happened, the presumption of negligence cannot be displaced by evidence of the general care that has been taken. ..... this court has emphasised time and again that just compensation should include all elements that would go to place the victim in as near a position as she or he was in, before the occurrence of the accident. ..... res ipsa is only a means of estimating logical probability from the circumstances of the accident. .....
Tag this Judgment!Court : Supreme Court of India
..... the same subject of litigation in respect of matter which might have been brought forward as part of the subject in contest, but which was not brought forward, only because they have, from negligence, inadvertence, or even accident, omitted part of their case. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... even otherwise, when there is clear finding to the effect that the accident was solely due to the rash and negligent driving by the driver of the bolero vehicle, which was insured with respondent no.2, the tribunal was not proper in fixing contributory negligence on the rider ..... 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 licence, he would be held to be guilty ..... of the above discussion, the findings recorded by the tribunal that the deceased has contributed to the accident to an extent of 25% cannot be sustained and the same is set aside.12. ..... hence, the findings recorded by the tribunal that the accident was solely due to rash and negligent driving of the bolero vehicle by its driver ..... khc-k:7481-db mfa no.200517 of 2019 conclusion that accident was only due to rash and negligent driving of the bolero vehicle by its driver, which resulted in the death of rider of the motorcycle huliraj, who died ..... the claimants in mvc no.500/2017 on the file of the court of motor accident claims tribunal at raichur (tribunal for short). ..... district and sessions judge , motor accident claims tribunal at raichur, in mvc no.500/2017, and enhance the award ..... the accident has taken place ..... v/s surinder singh and others, reported in (2008) 12 scc436 wherein it is held that, though driving a vehicle without a licence is an offence, but the same, by itself, may not lead to a finding of negligence as regards the accident. .....
Tag this Judgment!Court : Karnataka Dharwad
..... khc-d:10853 mfa no.25024 of 2013 appeal by the insurance company is applicable where such machine is not attached to the tractor and in static conditions independently and any accident occurred due to only such machine without attaching with tractor then only the insurance company is absolved. ..... khc-d:10853 mfa no.25024 of 2013 iii) the appellant-claimant is entitled for total compensation of rs.6,16,242/- (rs.5,93,865 + rs.22,377) along with interest at 12% per annum from the date of accident till realization as against the amount of rs.4,75,092/- awarded by the workmen s compensation commissioner, belagavi. ..... in the present case, the accident was occurred on 12.03.2010 and as on 12.03.2010, the explanation-2 of proviso to clause (b) is 6 (1976) 1 scc2897 (2011) 1 scc343- 11 - nc:2023. ..... as on the date of accident, on 12.03.2010, the monthly wage notified by the central government is rs.4,000/- p.m. ..... the factum of accident that the claimant was coolie had suffered injuries as his right hand crushed in the harvesting machine suffering amputation is not disputed. ..... the accident is caused on 12.03.2010. .....
Tag this Judgment!Court : Supreme Court of India
..... has transgressed the confines of section 30 of the workmen compensation act, 19235; the vehicle in which the logs were 5 hereafter, the act 6 stored and thus were being untied, was insured and therefore, the accident having taken place is within the ambit of the insurance company s responsibilities; that the impugned judgement has left the claimants remediless and sans any support since the sole breadwinner of the family had ..... if yes, not pay compensation to claimant within 30 days of then are they liable to pay the accident as per the penalty and interest?. ..... whether opponents are affirmative employer while being in negligent to pay knowledge of accident did compensation?. ..... whether accident affirmative no document contrary occurred during course of shown by employer. ..... the vehicle being insured, the insurer was to pay 9% interest 4 from date of accident.7. ..... whether age is proved at the 35 years & age affirmed by driving time of accident?. ..... if yes, then deceased died due to injuries in accident?.4. .....
Tag this Judgment!Court : Supreme Court of India
..... this court accepted the appeal filed by the dependents of the deceased and found that even if the death had not occurred on account of any accident but the driver was consistently driving the vehicle, there is every reason to assume that long spells of driving was a material contributory factor, if not the sole cause that accelerated his page 7 of 10 civil appeal no. ..... ..in such circumstances, we are convinced that the conclusion of the commissioner of workmen's compensation that the death of the deceased was in an accident arising out of and in the course of his employment with the second respondent was perfectly justified and the conclusion to the contrary reached by the learned judge of the high court in the order impugned in this ..... such an "untoward mishap" can therefore be reasonably described as an "accident" as having been caused solely attributable to the nature of employment indulged in with his employer which was in the course of such employer's trade or business.30. ..... such an untoward mishap can reasonably be described as an accident, only attributable to the nature of employment. ..... however, that was not availed of, because the death was not the result of a motor accident. ..... on the basis of the material produced on record, his death was not directly caused by any accident. .....
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