Court : Karnataka
Reported in : AIR1979Kant138; 1979(1)KarLJ12
..... the learned tribunal appreciating the evidence on record held that the two applications were in time; and that the accident was the result of rash and negligent driving of the truck in question, and in that view he awarded rs. ..... we believe the evidence of these witnesses and hold that the accident was the result of the snapping of the rope tied to the tar-mixing machine.7. ..... the points therefore that arise for consideration in these appeals are:(1) whether the tribunal was justified in holding that the accident was the result of rash and negligent driving of the truck? ..... however, he contested the finding given by the tribunal about the rashness and negligence by the driver in causing the accident and also the quantum of compensation awarded by the tribunal. ..... these two appeals arise out of a common judgment and awards passed by the motor accidents claims tribunal, karwar, in miscellaneous application nos. ..... they have stated that they could see the accident sitting on the verandas of their houses. ..... the respondents contested the claim stating that the incident was inevitable. ..... further, he submitted that in any event, the government was not liable to pay the compensation as the truck was given on hire at the time of the accident. ..... rozin was 6 years and fatima was 7 years at t he time of the accident. .....
Tag this Judgment!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. .....
Tag this Judgment!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. .....
Tag this Judgment!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 .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Karnataka
..... imv report and also spot panchanama, we visualize that not maintaining safe distance between two vehicle was the major cause for the accident, and the mini lorry has to bear more liability rather than what is already fasted by the tribunal. ..... it is an admitted fact between the parties that the claimant suffered multiple grievous injuries in the vehicular accident occurred on 19.03.2011 involving the mini lorry bearing registration no.ka-03-b-9931 on which he was on duty and also lorry ..... judgment and award, claim petition filed by the claimant/appellant of mfa no.5874/2014 in respect to the injuries suffered by him in the road traffic accident on 19.03.2011 was allowed by awarding compensation of rs.17,99,000/- with interest at 8% per annum directing the insurance companies i.e. ..... cases is only a device to get away from the hazard attending the court on all hereby dates with the uncertainty of time and result, which is why the accused charge sheeted in respect of road traffic accident would prefer pleading guilty to the accusation, and wash off their hands by paying penalty. ..... to just and reasonable compensation both under pecuniary and non-pecuniary damages to the victims of motor vehicle accident, the apex court in the matter of rajkumar vs ajay kumar and another held thus: "5. ..... shall have to assess the damages objectively and exclude from consideration any speculation or fancy, though some conjecture with reference to the nature of the disability and its consequences, is inevitable. .....
Tag this Judgment!Court : Karnataka
Reported in : 2003ACJ809; 2003(3)KarLJ333
..... passenger and as such was not a third party against the insurance company and on the issue regarding quantum of compensation, held that the claimant having neither pleaded nor proved that the accident had taken place due to the negligence of either the driver or the owner of the vehicle and the liability being not based on fault liability, but by complying with the ..... and just amount in the circumstances having regard to the fact that as the mother was aged about 57 years at the time of the accident, the multiplier would be on the lower side though the multiplicand may be on the higher side due to the potential bright future of the ..... , we are of the view that though the claim petition may not have pleaded the nature and extent of dependency that the accident has caused deprivation of such dependency to the claimant, this is an aspect we can definitely infer in the circumstances and compensate ..... to the provisions of the motor vehicles act, 1988 particularly section 147 of the act, the liability of the insurance company in respect of a gratuitous passenger is inevitable and in this regard relies upon a reported decision of a division bench of our high court in new india assurance company limited, bangalore v. ..... down in this decision that even assuming that there was no negligence on the part of the owner or driver of the vehicle, when an accident occurs by the use of the vehicle on road, the owner of the vehicle is not exonerated applying the principle of strict liability and the owner .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Karnataka
..... counsel for the appellant insurer strongly contends that the owner of the said maxi cab obtained permit to ply it as contract carriage, but it was plied as stage carrier on the said date, time and place of accident and thus, the owner of the said vehicle violated the terms of the permit and therefore, the claims tribunal committed serious error in fastening the liability on the appellant-insurer to pay compensation to the injured ..... per contra, learned respectively counsel for the respondent nos.1 and 2, respectively the claimant and the owner of the said vehicle, contend that several other persons were injured in the same accident and the claims tribunal, while awarding compensation in respect of the said injured persons, fastened the liability on this appellant-insurer to pay compensation to the respective injured-claimants and, in the appeal that was filed by ..... upper limb and 30% of physical disability in respect of his whole body, and that by reason of the said disability, the claimant has not been able to do the same work as mason as he was doing earlier to the accident, the claims tribunal committed error in taking the functional disability of the claimant at 20% only while determining the loss of future earnings instead of taking the same at 60%. 15. ..... the court or tribunal shall have to assess the damages objectively and exclude from consideration any speculation or fancy, though some conjecture with reference to the nature of disability and its consequences, is inevitable. .....
Tag this Judgment!Court : Karnataka
Reported in : 2009(1)KCCR5(SN)
..... leases in forest areas as a matter of rule and only as an exception, forest areas may be notified for grant of mining leases, after fully establishing the imminent and inevitable need for exploiting the mineral and if it is found such exploitation is in the national interest for making available mineral which otherwise cannot be obtained for the nation building activities ..... above directions and till a scientific evaluation is made and the imminent need for carrying out mining operations in the forest area is established and only if it is established that it is inevitable for carrying on the mining operation even at the cost of losing forest, then alone, leases can be permitted to work, otherwise, the state government is directed to take steps ..... of conserving mineral also.f) the state government should make a very scientific and conscious evaluation of the consequences of losing precious forest as to whether it is so very imminent and inevitable for exploiting the mineral for being used in the production of the mineral for country's purpose and development and such related aspects should always be examined and only if it ..... if the area has already been declared as reserved forest area, it should normally be retained without being disturbed and only if the state government is fully satisfied that there is inevitable need justifying de-reservation and to permit a non-forest activity, that should be examined keeping in view the nature of non-forest activity proposed to be carried out in the .....
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