Judgment Search Results Home > Cases Phrase: inevitable accident Court: karnataka Page 8 of about 1,720 results (0.041 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 .....

Kenchappa and anr. Vs. V. Jayalakshmamma and ors.

Court : Karnataka

Reported in : 2005ACJ290

..... the contention urged before the supreme court was that since the tractor had a trailer attached to it and since the trailer was carrying stones at the time of the accident, the licence held by the driver ceased to be effective as the tractor had on account of the attachment of the trailer become a transport vehicle for which the driver did not hold ..... he urged that although the owner and the driver of the vehicle had denied that any accident involving the vehicle in question had taken place, the finding recorded by the claims tribunal was on the material ..... that requires to be considered is whether a passenger carried in a goods vehicle was on the date of the accident covered for purposes of fastening the liability on the insurance company. ..... all the same the vehicle involved in the accident being a goods vehicle, any accident resulting in the death of a passenger being carried in such a vehicle did not give rise to any liability qua the insurance company with whom ..... in the garden when the tractor was returning, it met with an accident due to rash and negligent driving by its driver, the appellant no. ..... where the driver of a tractor held a licence to drive a tractor which was valid on the date of the accident resulting in the death of one chand pasha. ..... (10) the inevitable conclusion, therefore, is that provisions of the act do not enjoin any statutory liability on the owner of a vehicle to get his vehicle insured for any passenger travelling in a goods carriage and the insurer would .....

George Thomas Vs. K P Krishnappa and Others

Court : Karnataka

..... legal methods and more often than not, acting as appellate authorities being well trained to notice an error or mistake or an illegality instantly, by both training and experience, can inevitably find good number of loopholes in the orders passed by the revenue authorities and for a skilled, qualified, efficient lawyer, such orders are mincemeat to point out one or ..... favour of a person belonging to depressed class irrespective of the endorsement which is expressly found in all registers and therefore being a grant under sub-rule [5] of rule 43 of the code, it inevitably attracts sub-rule [8] of rule 43 of the code with a condition of permanent non-alienation irrespective of the grant being either after collecting an upset price or on being sold by public auction and collecting a price. ..... not only to show that the land in question is a granted land, granted in favour of the person belonging to scheduled caste community and being a grant made on 8.6.1947 inevitably carries a condition of permanent non-alienation in terms of the statutory conditions imposed on such grants at the time of the grant, a transaction for transfer of any interest in ..... been originally granted in favour of a person belonging to depressed class [now known as scheduled caste/tribe], a presumption in terms of sub-section (3) of section 5 of the act inevitably operates to presume that the petitioner has acquired the land by transfer, which is only void, as the mandate in terms of sub-section (1) of section 4 of the act .....

Karnataka Breweries and Distilleries Pvt. Ltd. Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1993KAR2117; 1993(3)KarLJ126

..... and the court observed at page 635:'it is possible that in a given case the pith and substance of the state action may deal with a particular fundamental right but its direct and inevitable effect may be on another fundamental right and in that case, the state action would have to meet the challenge of the latter fundamental right. ..... in evaluating such elusive factors and forming their own conceptions of what is reasonable, in all the circumstances of a given case, it is inevitable that the social philosophy and the scale of values of the judges participating in the decision should play an important part, and the limit to their interference with legislative judgment in such cases can ..... 'arbitrary' the fact would remain that judges are substituting their own judgment of what is right and proper and reasonable and just for that of the legislature; and up to a point that, i think, is inevitable when a judge is called upon to crystallise a vague generality like article 14 into a concrete concept'.29. ..... we are of the view that while considering the direct and inevitable consequences, on a right, the substance of the said right ..... the object and subject matter of the state action but in testing the validity of the state action with reference to fundamental rights, what the court must consider is the direct and inevitable consequence of the state action. ..... the direct and inevitable consequence of the state action on the fundamental rights of any person has to be the basic test to be applied in .....

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. .....

The Oriental Insurance Co. Ltd. Vs. Ravichandran and ors.

Court : Karnataka

Reported in : I(1997)ACC330; 1998ACJ18; ILR1997KAR148

..... if the evidence in respect of transfer is accepted, then the legal consequences would follow in so far as the policy would lapse and therefore, a situation would arise where-under even though the accident has taken place as late as on 13.11.1989 the insurance policy would still be no valid cover in respect of that vehicle. ..... one possible contention is that after 1.7.1989, once the new act has come into force, all incidents or accidents as they may be termed would be covered by the terms of the new act. ..... matter, that it would be equally necessary that no transfer of the vehicle should have taken place in respect of an existing policy prior to 1.7.1989 because if such a transfer has taken place then the consequences as indicated above would inevitably result.3. ..... he thereafter filed a claim before the motor accident claims tribunal for compensation. ..... has been preferred by the insurance company and is directed against an order dated 17.8.91 of the motor accident claims tribunal, bangalore city in m.v.c. ..... i need to record, that the consequences of the owner disclaiming the ownership of the vehicle after an accident are rather grave. .....

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. .....

The Divisional Manager Vs. Prakash and Another

Court : Karnataka Dharwad

..... faces such litigation day in and day out, indulges in such frivolous and cantankerous stands, only to avoid the liability resulting in harassment and ordeal to the victims who not only suffer due to accidents involving motor vehicles on public roads, but suffer thereafter also due to such adamant attitude on the part of the insurance company. 10. ..... for our purpose, it is suffice to hold that the licence held by the driver of the vehicle involved in the present accident was one which enabled the driver to drive an autorikshaw also, being a motorcab- a vehicle constructed and designed to carry three ..... if a person is authorized to drive a transport vehicle, it inevitably amounts that the license also permits the holder of the license to drive a motorcab like the autocab, that the license is also authorized to drive a motorcab apart from the variety of other vehicle as noticed ..... the appeal is thoroughly meritless and deserves to be dismissed by levying commensurate costs on the appellant-insurance company to discourage such a tendency and to prevent such ordeal and harassment being meted out to poor victims of accidents involving motor vehicles, being used on public roads. 14. ..... in the present case, the accident occurred on 13-11-2005 and more than five years ..... -insurance company virtually defeats the very purpose and object of the act, as a just compensation as is determined by a competent tribunal is not made available to the victims even after many years from the date of accident. 11. .....

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. .....