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New India Assurance Co., Ltd., Vs. The North West Karnataka Road

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 .....

Smt. Shakuntala and ors. Vs. Loganathan and ors.

Court : Karnataka

Reported in : I(1997)ACC581; 1998ACJ108; ILR1997KAR601; 1997(2)KarLJ287

..... it was held that the accident was inevitable or unavoidable one, there cannot be a claim under the law of torts in india and claim cannot be put forward under section 110-a of the motor vehicles ..... is held that the legal representatives of the deceased driver are not entitled to maintain petition for compensation, because the accident was the result of the rash and negligent driving of the lorry by the deceased himself. ..... that case also, it was fully established that the driver himself was responsible for the accident and there was no contributory negligence on the part of the other vehicles driver. ..... of this amount, 50% will have to be deducted as the accident occurred due to contributory negligence on the part of the deceased. ..... aggrieved by the judgment and award dated 29.10.96 passed by the motor accidents claims tribunal and district judge, dharwad, in mvc. no. ..... no case was made out that the accident was the result of the rash and negligent driving of the scooter by ..... have vehemently argued that since the accident occured due to his own negligence, his legal representatives are not entitled ..... , the learned counsel for the respondents submitted that there is no evidence to show that the accident occurred because of the parking of the lorry. ..... however, they failed to establish that the accident was due to the negligent act of the truck ..... i have already held that the accident occurred due to the contributory negligence on the part of the deceased driver as well as the driver of the lorry .....

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 .....

B.C. Ramachandra S/O Chikkashetty Vs. State of Karnataka by Channaraya ...

Court : Karnataka

Reported in : 2007CriLJ475

..... deposed against the prosecution and did not support the case of the prosecution has also proceeded on the principle of res ipsa loquitur to hold that the nature of the accident was such that the circumstances spoke for themselves and it was inevitable to hold that the accused was guilty of the offence. ..... in paragraph 24 of the judgment, the appellate court observes that the accused did not adduce any evidence to show that at the time of the accident, a ksrtc bus was standing on the left side of the road and that he was crossing the bus taking the fire engine to his right side and at that time, a ..... the trial court has however recorded a finding that looking to the nature of the accident that had taken place and the injuries sustained, coupled with the fact that the vehicle was taken to the right side of the road and dashed against ..... are: firstly, all the circumstances, including the objective circumstances constituting the accident, from which the inference of guilt is to be drawn, must ..... 12 are the officials engaged in the fire engine department present in the vehicle when the accident took place and who have also sustained simple injuries. ..... admitted in the cross-examination that he could not say whether the accident occurred due to the fault of the driver of the fire engine ..... the courts below has been approved in the facts and circumstances of the said case wherein the accused in his 313 statement did not give any explanation as to how the alleged accident took place according to him. .....

National Insurance Co. Ltd. Vs. Aishabi and anr.

Court : Karnataka

Reported in : 2008ACJ1718; AIR2007Kant155; ILR2008KAR208; 2007(6)KarLJ482

..... the main contention put forward by the learned counsel for the appellant sri sowri raju is that at the time when the accident occurred, the deceased was found travelling as a passenger in a goods vehicle and not as a owner of the goods and therefore, no liability will fall ..... agree with the said view put forward by the learned counsel for the respondent-claimant for the following reasons:it is an undisputed fact that at the time of accident there were no goods in the vehicle in question and the deceased mohammed isaac was travelling with other passengers in the vehicle. ..... as there were no goods being carried in the vehicle in question by the deceased at the time of accident, the conclusion that the deceased travelled as a passenger becomes inevitable. ..... therefore, one cannot construed that the deceased was travelling in the lorry when the accident occurred, as a owner of goods because there were no goods carried by him at ..... petition, it is stated that the deceased had hired the vehicle for the purpose of transporting fish from batkal to bhadravathi and while he was returning, the accident occurred.section 147(1)(b) of the 1988 act reads as under:147. ..... hosur, on account of the driver of the lorry losing control of the vehicle, the accident occurred and the lorry fell upside down. ..... contentions urged as above, the question for consideration is, whether in the instant case, deceased mohammed isaac can be deemed to have travelled in the lorry at the time of accident as owner of the goods6. .....

Suresh Bacha Pujari Vs. Bandu S. Chougala and ors.

Court : Karnataka

Reported in : III(2005)ACC649; 2005ACJ1056; ILR2005KAR697; 2005(4)KarLJ45

..... 'there is a head of damage which is sometimes called loss of amenities the man made blind by the accident will no longer be able to see the familiar things he has seen all his life, the man who has had both legs removed and will never again go upon his walking excursions - things of that ..... the learned member of tribunal, on consideration of the materials on record, was of the opinion that the accident had occurred solely on account of the negligent driving of the driver of the tractor. ..... claimant-appellant has been a victim of traumatic accident in which his right leg has been amputated, due to the said accident the physical frame has shattered. ..... some element of conjecture is inevitable in assessing damages. ..... admittedly, in the said accident, the claimant has suffered serious injuries which has resulted in the amputation of his right leg from the thigh portion, which would practically mean that the right leg has ..... immediately after the accident the claimant-appellant was shifted to the ..... in the said accident, the claimant-appellant had to loose his entire right ..... prior to the accident, the claimant was serving as a supplier in nand govind hotel at ..... unfortunate victim of an accident is in appeal. ..... damages will have to be assessed on the basis of earnings and earning capacity at the time of accident. ..... , the compensation is determined on the loss of earning of the injured on account of disability suffered by him due to the accident. ..... in an accident which occurred on 09.04.1993 at about 11.45 .....