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inter State Transports Vs. Pfizer Ltd.

Court : Karnataka

Reported in : II(1987)ACC366; ILR1987KAR2870

..... damage was caused on account of negligence but having alleged i 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 the inevitable accident ; it was sufficient for him if he denied that there was any negligence. ..... note was considered by the division bench and it took the view that condition that 'the goods to be sent at owner's risk and that no responsibility would be taken in case of fire or accident' do not and cannot protect a common carrier if the damages flowed from its negligence or misconduct. ..... whether the defendant has proved that the damage to the goods in question was due to the accident sustained by the vehicle which was beyond its (defendant's) control ?11. ..... the representative of the defendant who was examined as d.w.i had no personal knowledge about the accident and he had spoken only on the basis of the records. ..... 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. ..... though, the carriers act was not in force on the date of the accident, in the light of the decision of this court in hercules insurance co. ..... had to the provisions of the carrier's act, which was applicable to the facts of this case, the trial court was in error in coming to the conclusion that the defendant had not proved that the accident in question was due to reasons beyond its control. .....

Oriental Fire and General Insurance Co. Ltd. Vs. Sathyanarayana Transp ...

Court : Karnataka

Reported in : II(1989)ACC321; [1993]76CompCas135(Kar)

..... 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'. 7. ..... for particulars of negligence alleged to have been committed by it and in response to the application calling for particulars, the plaintiff therein had attributed a specific act of overloading and rash and negligent driving which resulted in the accident: 'breaking of the main spring leaf of the front spring near the front end and the result was that the front axle went back on its rear shackle making the lorry turn to the ..... according to the plaintiffs, the consignment was carried in a lorry which, while in transit on october 11, 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 the accident was due to reasons beyond its control.' 9. ..... they are aggrieved by the framing of a fresh issue, which reads thus: 'whether the plaintiff 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. .....

Oriental Fire and General Insurance Company Ltd. Vs. Sree Sathyanayana ...

Court : Karnataka

..... the damage was caused on account of negligence; but having alleged that the damage was cause 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.7. ..... 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.9. ..... 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 at para-10 of the plaint, the date 11-10-1974 was referred as one of the dates giving cause of action to the suit, as the date when the consignment was .....

K.M. Abdul Subhan Vs. S. Ramaiah

Court : Karnataka

Reported in : AIR1952Kant90; AIR1952Mys90

..... when it is committed, and, an act may be a trespass although it is committed by mistake or without malice.the commission of a negligent act may amount to a trespass though a person who has not been negligent cannot be a trespasser in respect of any involuntary or inevitable accident; see halsbury's laws of england, 2nd edition, vol. .....

North West Karnataka Road Vs. M/s. Sesa Gova Limited

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 .....

North West Karnataka Transport Vs. Vijay S/o Davalappa Doddamani

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 .....

North West Karnataka Transport Corporation Gokul Vs. V V G N Prasad Gu ...

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 .....

United India Insurance Co. Ltd., Karnool Branch, Vs. North-west Karnat ...

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 .....

New India Assurance Co.ltd., Vs. North West Karnataka

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 .....

The Divisional Manager Vs. N.w.k.r.t.c. Gokul Road, Hubli.

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 .....