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Karnataka Transport Corporation Vs. National Insurance Bank Ltd.

Court : Karnataka

Reported in : 2001ACJ318; [1999]98CompCas767(Kar)

..... had taken place neither on account of negligence of the appellant nor on account of lack of carefulness on the part of the appellant, nor on account of any connivance of the defendant-appellant or its employees, but it was an inevitable accident from the act of god and, therefore, court below committed the error of law and error of fact in decreeing the plaintiff's claim and the decree passed is liable to be set aside. ..... caused on account of negligence but having alleged that the damage was caused on account of specific acts of negligence, it was not necessary for the defendant to plead that the damage was on account of inevitable accident ; it was sufficient for him if he denied that there was any negligence.' 26. a reading of this division bench decision in hercules insurance co. v ..... the loss has been caused due to the act of god and the cause for loss has not been the negligence of the carrier, the cause for loss has been an inevitable accident which could not be avoided in spite of best efforts and the burden does lie on the defendant to establish it. ..... is rebuttable and can be rebutted by the defendant by producing the necessary evidence to show circumstances establishing that cause of loss has been the act of god or inevitable accident or something which was beyond the control of the defendant. ..... have been established, the burden was on the defendant to have proved that the loss has been caused by act of god or because of inevitable accident and there was no negligence on his part .....

M.S. Rayta and anr. Etc. Vs. Gowrawwa Channabasappa and anr. Etc.

Court : Karnataka

Reported in : AIR1987Kant107; ILR1986KAR3211; 1986(2)KarLJ290

..... (c) that, at all events, the accident was an inevitable-accident not attributable to actionable negligence on the part of the driver but attributable to a mechanical failure and therefore, ..... , the driver of the vehicle and the appellants filed separate defences.the driver contended that the incident was an inevitable-accident and one caused by a mechanical failure. ..... the contentions urged by the learned standing counsel in support of the appeal, admit of being formulated thus :(a) that at the time of the accident the driver was not on the master's duty and was not engaged in the course of employment; but had unauthorisedly taken the vehicle on a 'frolic of ..... and 115 of 1984 respectively, on the file of the motor accident claims tribunal-1, belgaum, awarding compensations in the two actions- one, a fatal accident's action and the other a personal injury action. ..... has held that it is highly improbable that the accident occurred in the manner spoken-to by the driver ..... , aged about 30 years, died and dada peer ' injured in the accident that occurred on the national high way no. ..... the tribunal held that the accident was attributable to the negligence on the part of the driver of the military vehicle and also negatived the contentions urged against the vicarious liability of ..... it was contended that the accident occurred at night .while it was raining; that owing to the jolt caused by the wheels dipping into a pot-hole, the electrical connections to the lights snapped and there was a black-out and .....

Mysore State Road Transport Corporation Vs. Albert Dias and ors.

Court : Karnataka

Reported in : AIR1973Kant240; AIR1973Mys240; (1973)1MysLJ273

..... bus fell down at the place referred to above and that the claimants were two of the passengers in the said bus at that time, pleaded inter alia, that the incident was the result of the inevitable accident, and that it was not on account of any negligence or rashness on the part of the driver of the bus. ..... ' and 'inevitable accident is that which the party charged with the damage could not possibly prevent by the exercise of ordinary care, caution and maritime skill; i know no distinction as regards inevitable accident between cases which occur on land and those which occur at sea.'13. ..... if a case such as this is left in the position that nothing has been proved to render more probable any one of two or more theories of the accident then the plaintiff has failed to discharge the burden of proof incumbent upon him. ..... if the evidence established only that the accident was possibly due to the negligence to which the plaintiffs seek to assign it, their case is not proved. ..... to justify the verdict which they have obtained the evidence must be such that the attribution of the accident to that cause may reasonably be inferred. ..... they alleged that the accident took place on account of the negligence on the part of the driver who was driving the bus belonging to the corporation and, therefore they were entitled to get damages.2. ..... 44 of 1964 on the file of the motor accidents claims tribunal. .....

Managing Director, Karnataka Power Corporation Ltd. Vs. Geetha and ors ...

Court : Karnataka

Reported in : II(1987)ACC1; AIR1989Kant104

..... alternatively, it is urged that the occurrence was an inevitable- accident.what a driver should do when his eyes are dazzled by the headlamps of an approaching vehicle is to follow this rule-- 'slow down or stop if you are dazzled by approaching ..... rao, learned counsel appearing in support of the appeal, assailed the award under appeal contending,(i) that the finding of the tribunal that the accident was owing to the driver's negligence is erroneous;(ii) that the amount awarded is excessive;(iii) that the claim was barred under s. ..... when the courts award damages to a widow under the fatal accidents act, they award one lump sum calculated by taking the yearly pecuniary loss and multiplying it by a number of years' ..... on a consideration of the evidence, the tribunal held that the accident was attributable to the actionable negligence on the part of the driver of the ..... then again, there is the argument that in fatal accident actions, multiplier for capitalisation of the dependency is based on an assumed return of 5 per cent per annum appropriate to a stable economy and not on the high rate of returns obtaining in the investment marked which are the results ..... these circumstances, we think that interest should be awarded on fatal accident's damages as from the date of service of the writ ............. ..... 1,37,800/- to the dependants of the deceased person in a fatal accident -action.respondent - claimants are the widow and minor children of a certain ravindra, an employee of the appellant- .....

Managing Director, Karnataka Power Corporation Ltd. Vs. Geetha

Court : Karnataka

Reported in : ILR1987KAR142

..... alternatively, it is urged that the occurrence was an inevitable-accident.what a driver should do when his eyes are dazzled by the head lamps of an approaching vehicle is to follow this rule-'slow down or stop if you are dazzled by approaching head lamps. ..... ramachandra rao, learned counsel appearing in support of the appeal, assailed the award under appeal contending:(i) that the finding of the tribunal that the accident was owing to the driver's negligence is erroneous ;(ii) that the amount awarded is excessive ;(iii) that the claim was barred under section 110aa ; and(iv) that, at all events, the rate of interest of 12% awarded by the tribunal is ..... , said:'when the courts award damages to a widow under the fatal accidents act, they award one lump sum calculated by taking the yearly pecuniary loss and multiplying it by a number of years' purchase. ..... on a consideration of the evidence, the tribunal held that the accident was attributable to the actionable-negligence on the part of the driver of the van. ..... then again, there is the argument that in fatal accident actions, the multiplier for capitalisation of the dependency is based on an assumed return of 5 per cent per annum appropriate to a stable economy and not on the high rate of returns obtaining in the investment-market which are the ..... 1,37,800/- to the dependants of the deceased person in a fatal-accident-action.respondent-claimants are the widow and minor children of a certain ravindra, an employee of the appellant-corporation .....

i. Varalakshmi and ors. Vs. Andhra Pradesh State Road Transport Corpor ...

Court : Karnataka

Reported in : 2005ACJ384; ILR2004KAR815

..... the order passed by the tribunal:'after thorough scrutiny and weighing of oral and documentary evidence led by both sides i come to the conclusion that the alleged incident is 'unfortunate, inevitable accident' the driver is not responsible for the same in any way and the alleged incident has not arisen 'out of the use of motor vehicle'. ..... unfortunate and inevitable accident is solely due ..... contrary version given by the driver of the vehicle was found to be more probable by the tribunal while holding that the driver was not in any way responsible for the accident which according to the tribunal did not arise out of the use of the motor vehicle having been caused solely because of the act of an outside agency.we have heard ..... such being the amplitude of expression 'arising out of the use of motor vehicle', it is difficult to see how an accident in which a passenger sitting in the bus is hit by a stone hurdled at the bus which smashes the front window screen and hits the passenger in the head resulting in his death cannot ..... the proof of fault on the part of the driver or the owner of the vehicle involved in the accident is essential having regard to the fact that the claim was a fault claim under section 166 filed before the 1994 amendment of motor vehicles act by which proof of fault ..... the tribunal was, in the light of what we have said above, in error in holding that the accident had not arisen out of the use of the motor vehicle and that a claim petition was not maintainable on behalf .....

Gangaram and anr. Vs. Kamalabai and ors.

Court : Karnataka

Reported in : AIR1979Kant106

..... he submitted that it should be taken as an inevitable accident. ..... the points, therefore, that arise for our consideration in these appeals and cross-objections are:-(1) whether the tribunal was justified in holding that the accident was the result of rash and negligent driving of the car in question and (2) whether the quantum of compensation awarded in the two cases is just and proper ?3. ..... as against that, the counsel appearing for the claimants in two cases while supporting the reasoning of the tribunal and its finding that the accident was the result of actionable negligence on the part of the driver of the taxi, further submitted that the quantum of compensation awarded in the two cases was very low. ..... according to them, the accident was inevitable. ..... in the circumstances, we are constrained to observe that the respondents have not discharged the onus shifted on to them and the tribunal was perfectly justified in holding that the accident was the result of rash and negligent driving of the car.9. ..... 63 and 67 of 1977 vehemently contended that the tribunal was not justified in holding that the accident was the result of rash and negligent driving of the car. ..... the tribunal appreciating the evidence on record, held that the accident was the result of rash and negligent driving of the taxi, and in that view, it awarded compensation of rs. ..... since all these arise out of the same accident and arise out of the common judgment, these cases were clubbed together and arguments were heard.2. .....

The Manager, Royal Sundaram Alliance Insurance Company Limited and Ano ...

Court : Karnataka

..... notwithstanding anything to the contrary contained in the policy it is hereby understood and agreed that the insurer will indemnify the insured against the insured's liability at common law and statutory liability under the fatal accidents act, 1855 for compensation (including legal costs of any claimant) for death of or bodily injury to any employee (other than paid drivers) of the within named insured being carried in or upon or getting on ..... , it was not due to rash or negligent act of the driver but it was an inevitable accident. ..... amended his petition by seeking enhanced compensation while filing additional objection to the amended petition, the company contended that at para-5 "it is submitted that the petitioner as on the date of accident was traveling in the car during the course of his employment with the insured and the risk of such persons is not covered under the terms and conditions. ..... balakrishnan and another, 2013 acj 199 submits that the policy in question is a package policy and whoever was travelling in the vehicle at the time of the accident is entitled for the benefit of contractual liability between the owner and the insurer, it does not matter that the claimant was an employee under the owner ..... both these are appeals preferred assailing the judgment and award passed by the xvi additional judge, motor vehicles accident claims tribunal-14, bangalore city, ('the tribunal' for brevity) whereby the injured claimant is awarded a compensation of rs.15,79,000/- along .....

Oriental Fire and General Insurance Co. Ltd. Vs. Sree Sathyanarayana T ...

Court : Karnataka

Reported in : ILR1990KAR1286; 1989(2)KarLJ129

..... the damage was caused on account of negligence; but having alleged that the damage was caused on account of specific acts of negligence, it was not necessary for the defendant to plead that the damage was on account of inevitable accident; it was sufficient for him if he denied that there was any negligence.'4. ..... according to the plaintiffs, the consignment was carried in a lorry which, while in transit on 11-10-1974 dashed against a transformer post and as a result of the accident the transformer caught fire and the goods in the said lorry got damaged on account of fire and in the course of fire fighting operations. ..... the defendant having admitted that the vehicle met with an accident, it was incumbent on the defendant to prove further that, that accident was due to reasons beyond its control. ..... they are aggrieved by the framing of a fresh issue, which reads thus:'whether the plaintiffs prove that the said accident was due to the negligence of the defendant?'2. ..... the accident aforesaid was caused due to the negligence of the defendant. .....

The Oriental Insurance Co. Ltd. Now Rep. by Its Regional Manager the O ...

Court : Karnataka

Reported in : 2009(4)KarLJ121:2009(1)KCCR734:2009(3)AIRKarR412:AIR2009NOC1720(D.B

..... instance, when a stray animal comes in the way of the vehicle and so as to avoid hitting the said animal and inevitable accident occurs. ..... where death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or , as the case may be, the owners of the vehicles shall, jointly and severally be liable to pay compensation in respect of such ..... or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle or 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 m the second schedule, to the legal heirs or the victim, as the case may be.section 140: liability to pay compensation in certain cases on the principle of no fault-(1) ..... , the decision of the division bench of this court in appaji's case is applicable to a situation where there is no other tort feasor and that the injured/claimant or the deceased was solely responsible in causing the accident though the hon'ble supreme court has opined that section 163-a of the act covers case where even negligence is on the part of the victim and is by way of exception to section 166 of the act, the .....