Court : Karnataka Dharwad
..... c/w mfa no.24018 of 2011 mfa no.21686 of 2012 mfa no.22147 of 2012 mfa no.25492 of 2012 mfa no.22189 of 2013 mfa no.22841 of 2013 ksrtc/transport business company meets with accident and got damaged and when the said bus is caught in the work shop of the garage for repair work for some days and when a spare bus is assigned on the said ..... . if a person is operating two buses daily from the place a to b and b to a and one bus meets with accident, inevitably the route of that bus is cancelled, then in such an event the owner of bus/vehicles is suffering loss of revenue because he is not able to ..... because of loss of revenue when the bus is in garage for repair.5. the learned counsel for the ksrtc submitted that due to the accident to bus, the bus is constrained to get repair in the workshop and during such idle period under the repair in the workshop, the bus cannot ply on the scheduled route ..... permit and stipulation of such condition is to make operation on the said schedule route hassle free without taking any excuse that the bus met with accident and canceling trip, but the ksrtc/tbc has to maintain operations on the schedule route keeping in view the whole object of not putting ..... . hence for the reasons above discussed, when in these appeals where it is evident that reserve buses were operated on the route, when the bus meets with accident, then it could not be said that there is loss of revenue because of the cancelled bus and reserve bus is placed and made to operate on the .....
Tag this Judgment!Court : Karnataka Dharwad
..... c/w mfa no.24018 of 2011 mfa no.21686 of 2012 mfa no.22147 of 2012 mfa no.25492 of 2012 mfa no.22189 of 2013 mfa no.22841 of 2013 ksrtc/transport business company meets with accident and got damaged and when the said bus is caught in the work shop of the garage for repair work for some days and when a spare bus is assigned on the said ..... . if a person is operating two buses daily from the place a to b and b to a and one bus meets with accident, inevitably the route of that bus is cancelled, then in such an event the owner of bus/vehicles is suffering loss of revenue because he is not able to ..... because of loss of revenue when the bus is in garage for repair.5. the learned counsel for the ksrtc submitted that due to the accident to bus, the bus is constrained to get repair in the workshop and during such idle period under the repair in the workshop, the bus cannot ply on the scheduled route ..... permit and stipulation of such condition is to make operation on the said schedule route hassle free without taking any excuse that the bus met with accident and canceling trip, but the ksrtc/tbc has to maintain operations on the schedule route keeping in view the whole object of not putting ..... . hence for the reasons above discussed, when in these appeals where it is evident that reserve buses were operated on the route, when the bus meets with accident, then it could not be said that there is loss of revenue because of the cancelled bus and reserve bus is placed and made to operate on the .....
Tag this Judgment!Court : Karnataka Dharwad
..... c/w mfa no.24018 of 2011 mfa no.21686 of 2012 mfa no.22147 of 2012 mfa no.25492 of 2012 mfa no.22189 of 2013 mfa no.22841 of 2013 ksrtc/transport business company meets with accident and got damaged and when the said bus is caught in the work shop of the garage for repair work for some days and when a spare bus is assigned on the said ..... . if a person is operating two buses daily from the place a to b and b to a and one bus meets with accident, inevitably the route of that bus is cancelled, then in such an event the owner of bus/vehicles is suffering loss of revenue because he is not able to ..... because of loss of revenue when the bus is in garage for repair.5. the learned counsel for the ksrtc submitted that due to the accident to bus, the bus is constrained to get repair in the workshop and during such idle period under the repair in the workshop, the bus cannot ply on the scheduled route ..... permit and stipulation of such condition is to make operation on the said schedule route hassle free without taking any excuse that the bus met with accident and canceling trip, but the ksrtc/tbc has to maintain operations on the schedule route keeping in view the whole object of not putting ..... . hence for the reasons above discussed, when in these appeals where it is evident that reserve buses were operated on the route, when the bus meets with accident, then it could not be said that there is loss of revenue because of the cancelled bus and reserve bus is placed and made to operate on the .....
Tag this Judgment!Court : Karnataka Dharwad
..... c/w mfa no.24018 of 2011 mfa no.21686 of 2012 mfa no.22147 of 2012 mfa no.25492 of 2012 mfa no.22189 of 2013 mfa no.22841 of 2013 ksrtc/transport business company meets with accident and got damaged and when the said bus is caught in the work shop of the garage for repair work for some days and when a spare bus is assigned on the said ..... . if a person is operating two buses daily from the place a to b and b to a and one bus meets with accident, inevitably the route of that bus is cancelled, then in such an event the owner of bus/vehicles is suffering loss of revenue because he is not able to ..... because of loss of revenue when the bus is in garage for repair.5. the learned counsel for the ksrtc submitted that due to the accident to bus, the bus is constrained to get repair in the workshop and during such idle period under the repair in the workshop, the bus cannot ply on the scheduled route ..... permit and stipulation of such condition is to make operation on the said schedule route hassle free without taking any excuse that the bus met with accident and canceling trip, but the ksrtc/tbc has to maintain operations on the schedule route keeping in view the whole object of not putting ..... . hence for the reasons above discussed, when in these appeals where it is evident that reserve buses were operated on the route, when the bus meets with accident, then it could not be said that there is loss of revenue because of the cancelled bus and reserve bus is placed and made to operate on the .....
Tag this Judgment!Court : Karnataka Dharwad
..... c/w mfa no.24018 of 2011 mfa no.21686 of 2012 mfa no.22147 of 2012 mfa no.25492 of 2012 mfa no.22189 of 2013 mfa no.22841 of 2013 ksrtc/transport business company meets with accident and got damaged and when the said bus is caught in the work shop of the garage for repair work for some days and when a spare bus is assigned on the said ..... . if a person is operating two buses daily from the place a to b and b to a and one bus meets with accident, inevitably the route of that bus is cancelled, then in such an event the owner of bus/vehicles is suffering loss of revenue because he is not able to ..... because of loss of revenue when the bus is in garage for repair.5. the learned counsel for the ksrtc submitted that due to the accident to bus, the bus is constrained to get repair in the workshop and during such idle period under the repair in the workshop, the bus cannot ply on the scheduled route ..... permit and stipulation of such condition is to make operation on the said schedule route hassle free without taking any excuse that the bus met with accident and canceling trip, but the ksrtc/tbc has to maintain operations on the schedule route keeping in view the whole object of not putting ..... . hence for the reasons above discussed, when in these appeals where it is evident that reserve buses were operated on the route, when the bus meets with accident, then it could not be said that there is loss of revenue because of the cancelled bus and reserve bus is placed and made to operate on the .....
Tag this Judgment!Court : Karnataka Dharwad
..... c/w mfa no.24018 of 2011 mfa no.21686 of 2012 mfa no.22147 of 2012 mfa no.25492 of 2012 mfa no.22189 of 2013 mfa no.22841 of 2013 ksrtc/transport business company meets with accident and got damaged and when the said bus is caught in the work shop of the garage for repair work for some days and when a spare bus is assigned on the said ..... . if a person is operating two buses daily from the place a to b and b to a and one bus meets with accident, inevitably the route of that bus is cancelled, then in such an event the owner of bus/vehicles is suffering loss of revenue because he is not able to ..... because of loss of revenue when the bus is in garage for repair.5. the learned counsel for the ksrtc submitted that due to the accident to bus, the bus is constrained to get repair in the workshop and during such idle period under the repair in the workshop, the bus cannot ply on the scheduled route ..... permit and stipulation of such condition is to make operation on the said schedule route hassle free without taking any excuse that the bus met with accident and canceling trip, but the ksrtc/tbc has to maintain operations on the schedule route keeping in view the whole object of not putting ..... . hence for the reasons above discussed, when in these appeals where it is evident that reserve buses were operated on the route, when the bus meets with accident, then it could not be said that there is loss of revenue because of the cancelled bus and reserve bus is placed and made to operate on the .....
Tag this Judgment!Court : Karnataka Dharwad
..... c/w mfa no.24018 of 2011 mfa no.21686 of 2012 mfa no.22147 of 2012 mfa no.25492 of 2012 mfa no.22189 of 2013 mfa no.22841 of 2013 ksrtc/transport business company meets with accident and got damaged and when the said bus is caught in the work shop of the garage for repair work for some days and when a spare bus is assigned on the said ..... . if a person is operating two buses daily from the place a to b and b to a and one bus meets with accident, inevitably the route of that bus is cancelled, then in such an event the owner of bus/vehicles is suffering loss of revenue because he is not able to ..... because of loss of revenue when the bus is in garage for repair.5. the learned counsel for the ksrtc submitted that due to the accident to bus, the bus is constrained to get repair in the workshop and during such idle period under the repair in the workshop, the bus cannot ply on the scheduled route ..... permit and stipulation of such condition is to make operation on the said schedule route hassle free without taking any excuse that the bus met with accident and canceling trip, but the ksrtc/tbc has to maintain operations on the schedule route keeping in view the whole object of not putting ..... . hence for the reasons above discussed, when in these appeals where it is evident that reserve buses were operated on the route, when the bus meets with accident, then it could not be said that there is loss of revenue because of the cancelled bus and reserve bus is placed and made to operate on the .....
Tag this Judgment!Court : Karnataka Dharwad
..... on record as well as the certified copy of the evidence and documents produced before the tribunal, which have been submitted by the counsel for the appellant during the course of arguments, it is not in dispute that the accident occurred on 20.09.2009 and laxman died on 30.3.2010. ..... the fact remains that there was infection of the fracture which possibly had led to the inevitable death of laxman. ..... merely because no postmortem is done, it cannot be held that there is no nexus between the accidental injuries and death as the continuity of treatment of the injuries sustained in the accident has been established. ..... that the accident occurred on 20.9.2009, but the injured laxman died on 30.3.2010. ..... he, therefore, submitted that the tribunal was not right in awarding compensation as if it was a fatal accident. 8. ..... therefore, the tribunal could not have granted compensation on the premise that laxman died as a result of the injuries sustained in the accident. ..... there has been no postmortem conducted so as to link the death to the injuries sustained in the accident. ..... it is contended that the death of laxman had no nexus to the injuries sustained in the accident. .....
Tag this Judgment!Court : Karnataka Dharwad
..... so liable (a) in respect of any injury which does not result in the total or partial disablement of the employee for a period exceeding three days; (b) in respect of any injury, not resulting in death or permanent total disablement caused by an accident which is directly attributable to (i) the employee having been at the time thereof under the influence of drink or drugs, or - 7 - (ii) the wilful disobedience of the employee to an order expressly given, or to a rule expressly framed, ..... by the appellant for claiming compensation on the ground of injuries sustained in the road traffic accident when he was working as an employee being a driver while driving the lorry is very well ..... is filed under section301) of the employees compensation act, 1923, against the judgment and award dated1409.2018 passed in eca no.6/2017 on the file of the principal senior civil judge-cum-motor accident claims tribunal -iv, hosapete, dismissing the claim petition filed under section22of workmen compensation act. ..... prescribes employer s liability for compensation if there is any personal injury is caused to an employee by accident arising out of and in the course of his employment, the employer shall be liable for giving compensation ..... over the lorry due to unavoidable circumstances as the gear lever of the truck got stuck and hit the opposite lorry bearing reg.no.ka-06/c-5105 and as a result of the said accident the appellant sustained severe multiple crush injuries on his right leg resulting in amputation. .....
Tag this Judgment!Court : Karnataka Dharwad
..... that (a) whether the owner was driving the vehicle or (b) whether the vehicle was borrowed and was being driven by any another person or (c) whether the accident occurred due to a wrongful act of the rider or (d) whether the rider can take advantage of his wrong, all become immaterial in a proceeding under section ..... a plain reading of this provision would mean that no matter what is stated in any other provisions of the mv act or for that matter any other law, whenever an accident occurs due to the use of a motor vehicle which results in the death or permanent disablement of a person, the heirs of that person (in case of death) or the 11 victim (in case of permanent disablement), would have ..... has by the impugned order dismissed the claim petition on the ground that the claimant had borrowed the vehicle and since the accident had occurred when he was riding this borrowed motorcycle, he had stepped into shoes of the owner and was therefore himself ..... virtue of the fact that the liability created under section 163a is titled as a special provision and does away with the need to determine the question of negligence, the moment the accident and the consequential death or permanent disablement is established in a claim under section 163a, the insurer is bound to pay the compensation. ..... that is necessary for a claim under section 163a is that the victim should have suffered an accident which had resulted in death or permanent disablement and these two incidents should be relatable to the .....
Tag this Judgment!