Judgment Search Results Home > Cases Phrase: inevitable accident Court: karnataka Page 4 of about 1,720 results (0.008 seconds)

Basavaraj Vs. Shekhar and ors.

Court : Karnataka

Reported in : ILR1987KAR1399

..... have earlier pointed out that the learned tribunal did not spread the compensation awardable over distinct heads which are now recognised in the field of torts as inevitable para-meters affording the basis on which arid to the extent, an accident victim was, liable to be compensated in an action for personal injuries.16. ..... it is in evidence that he was riding a motor-bicycle at the time of the accident and probably he would not be able to ride a motor bike again, or indulge himself in such kind of physical activity which calls for initiative and physical strength ..... if the original position cannot be restored-is indeed in personal injury or fatal accident cases it cannot obviously be - the law must endeavour to give a fair equivalent in money, so far as money can be an equivalent and so 'make good' ..... amongst the several hardships he lists as a fall-out from this accident is the winding up of his furniture and radio shop business and the' diminishing returns from his agricultural holdings his further states that inspite of treatment which cost over eleven thousand rupees, he was ..... unchallenged medical evidence indicates that the painful fall out from the accident still continued to afflict the victim, who was a young man of 24 years at the time of the accident and who must now be 27 or 28 years old.17 ..... the tribunal has recorded a finding that the accident was the result of rash and negligent driving of tractor- trailor by its driver and as a result of such ineptitude the claimant had .....

Upendra Vs. the Divisional Manager, New India Assurance Co. Ltd., and ...

Court : Karnataka

..... nevertheless, the learned member of the tribunal has recorded a finding that indeed, the accident has occurred due to the rash and negligent driving of the driver who was driving the vehicle. 6. ..... the claimant - appellant has been a victim of a traumatic accident in which his right leg has been amputated. ..... some element of conjecture is inevitable in assessing damages. ..... it is his case that the accident and the injuries have resulted in the permanent disability inasmuch as he may not be in a position to pursue his avocation of physiotherapy. ..... due to the said accident the physical frame has shattered. ..... at the time of accident he was a student undergoing training in physiotherapy. ..... at the time of accident he was 22 years. ..... in a road accident, which occurred on 22.6.2001, he has suffered two fractures i.e. ..... the damages will have to be assessed on the basis of earnings and earning capacity at the time of accident. ..... normally the compensation is determined on the loss of earning of the injured on account of disability suffered by him due to the accident. .....

Anitha Vs. The Managing Director, BMTC, Bangalore and Others

Court : Karnataka

..... any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle or the authorized 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 in the second schedule, to the legal heirs or the victim, as the case may be. (2) in any claim for compensation under sub- section (1), the claimant ..... of the matter, it is inevitable to dwell upon the presumption that it is an accident involving two vehicles. 12. ..... the provisions laid down in section 166, as the widow of the deceased becomes the legal representative of the deceased immediately on the death of her husband in a vehicular accident, her right to seek compensation under the m.v.act accrues in her favour ..... . it is clear from the above that once the accident is proved, the owner or the insurer of the vehicle is bound to pay the compensation in accordance with the structured formula enumerated in the second ..... counsel appearing for the appellant of m.f.a.no.419/2010 / owner of the vehicle submits, the deceased himself was responsible for the accident by hitting the parked bmtc bus. ..... that the deceased himself was responsible for the accident by his rash and negligent driving. ..... widow and mother filed a claim petition under section 163a of the motor vehicles act, 1988 ('the act' for brevity) on the death of one m.muniraju in a motor vehicle accident that occurred on 9.2.2007 at 11 p.m. 3. .....

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 .....

National Insurance Co Ltd Vs. Narayan Naika

Court : Karnataka

..... said that under section 147, the policy is required to cover the employee engaged in driving the vehicle and that as the first-respondent was not actually driving the vehicle at the time of the accident and as the policy did not cover the risk of two drivers, the coverage given to the driver under the policy does not come into operation, it cannot be straightaway said that the insurer is absolved ..... in respect of only one driver even if he is not actually driving at the time of accident still the insurer becomes liable to pay under section 147 of the m.v. ..... respondent was not actually driving the vehicle at the time of the accident, he was travelling in the vehicle at the time of the accident in his capacity as an employee of the owner of the vehicle. ..... therefore, if a spare driver is not appointed, then it accelerates the risk of accident in case a single person is consecutively driving two lorries, even though, one after another without giving any break or ..... others4 had held that the injured being a cart-puller met with an accident and left leg was amputated below the knee. ..... the evidence showed that at the time of the accident, the appellant was aged around 25 years and was eking his livelihood ..... accordingly, the claimant was going from chithur to edoor town on tipper lorry bearing no.ka-20-a-2467 as a spare driver and on the way to edoor town, the said tipper lorry met with an accident and the claimant had sustained injuries. ..... , the employment of spare driver is inevitable and necessary. .....

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 .....

State Vs. Radha Krishna

Court : Karnataka

Reported in : II(1994)ACC557

..... it is undisputed that the accident occurred on the western side of the double road running south-north. ..... on reconstruction of the entire situation at the time of the impact, this conclusion becomes inevitable. ..... many a time, the vehicle drivers do not observe these elementary rules of the road thus putting themselves or the passengers to the risk of being met with an accident. ..... though the injured witnesses have attributed negligence to the driver of the jeep, we have considered the evidence with regard to the spot of accident. .....

State Vs. G. Radhakrishna

Court : Karnataka

Reported in : 1994(2)ALT(Cri)218; ILR1994KAR497; 1994(2)KarLJ174

..... it is undisputed that the accident occurred on the western side of the double road running south-north. ..... entire situation at the time of the impact, this conclusion becomes inevitable. ..... many a time, the vehicle drivers do not observe these elementary rules of the road thus putting themselves or the passengers to the risk of being met with accident. ..... though the injured witnesses have attributed negligence to the driver of the jeep, we have considered the evidence with regard to the spot of accident. .....

The Branch Manager, United India Insurance Co. Ltd. Represented Throug ...

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. .....

Keshavamurthy Vs. State by Arsikere Rural Police, Bangalore

Court : Karnataka

Reported in : 2002CriLJ103; ILR2001KAR5657; 2002(1)KarLJ532

..... from the above discussion, it could be seen that but for the defective examination of the petitioner-accused under section 313 of the criminal procedure code, the circumstances in which the accident occurred could have been taken as prima facie showing that it could not be accounted to anything other than the negligence of the driver. ..... anjana sundar, the learned counsel for the petitioner-accused, would therefore submit that, there could be no presumption of an accident having occurred due to rashness and negligence of the driver, and that, that is an aspect that has to be proved by the prosecution beyond reasonable doubt by leading evidence in that regard. ..... one of the occupants of the car having initially states that the petitioner was driving the car in speed, and that, the accident occurred due to rashness and negligence of the petitioner, he states in cross-examination that, prior to the accident he was asleep, and that, only on hearing of the sound of impact that he woke up. ..... if that were to be so, the opinion of the motor vehicle inspector as regards the accident being not due to any mechanical defect, was a circumstance appearing in the evidence against the petitioner-accused, and the learned magistrate was duty-bound, while examining the petitioner-accused under section 313 of ..... the inevitable course in a situation like this one is the one adopted by the division bench of this court in the above said decision in dasharath's. .....