Court : Karnataka
Reported in : II(1990)ACC455; 1991ACJ453; ILR1990KAR1493
..... the learned counsel for the corporation submitted that under section 110 of the motor vehicles act, the tribunal is given the jurisdiction to award compensation in respect of death or bodily injury or damage to the property and therefore it did not include the loss of income, subsequent to the date of the accident arising out of the ..... such an interpretation is in accordance with the general tenor of the provisions of the motor vehicles act as well as the principle that the phrases and sentences in a statute are to be construed literally and in accordance with the rules of grammar. ..... high court has interpreted the provisions of section 110(1) of the motor vehicles act and held that the tribunal is only entitled to grant compensation in respect of (i) death, (ii) bodily injury and (iii) damage to property. ..... in this connection, reference may be made to section 110-f, motor vehicles act which has barred the jurisdiction of the civil court, meaning thereby that all the claims arising out of the motor accidents should be disposed of by the tribunal only. ..... these ten appeals are presented by the karnataka state road transport corporation against the common judgment and separate awards made on ten claim petitions presented under section 110-a of the indian motor vehicles act, 1939 by the motor accidents claims tribunal, mandya.2. ..... the section was amended by the amending act 56/1967, which came into force with effect from 2-3-1970. ..... mahendra singh, 1985 acj 103(mp). ..... , 1985 acj 103. .....
Tag this Judgment!Court : Karnataka
Reported in : 2007(5)KarLJ11
..... when the word collector was deleted from section 16(1) & (2) of the l.a (mysore extension amendment) act xvii of 1961 and other provisions of the act and in its place deputy commissioner was substituted, the power of deputy commissioner to take possession of acquired lands in section ..... the land acquisition (mysore amendment) act xvii of 1961 reads as ..... came to be drawn in the presence of revenue inspector on 23.3.1984 and not by the deputy commissioner who is the competent authority to take possession of the land under section 16(2) of the act (mysore amendment) act. ..... amendment) act ..... scc 188 state of west bengal and ors. v ..... of supreme court in bhagde's case supra, their lordships have said that in view of no provision being made in the act regarding the mode of taking possession, unless possession is taken by written agreement of parties concerned, the mode of taking possession obviously would be, for the authority to go upon the land and do some act which would indicate that the authority has taken possession of the land, it could be in the form of declaration by beat ..... 18.4.01 to the 1st respondent that they ought to have been heard or consulted before proceeding with the order under section 48(1) of the act as they have already auctioned the sites formed in the said land without the knowledge of withdrawal of the notification. ..... with regard to validity of acquisition a reference was made to a notification dated 7.5.1985 evidencing taking possession of the said land on 19.3.1984. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1993KAR2812; 1994(3)KarLJ628
..... as per section 127b (1) any offence [whether committed before or after the commencement of section 26 of the motor vehicles (amendment) act, 1982] punishable under section 112, section 113, section 113b, section 114, sub-sections (1) and (2) of section 115, section 116, section 118, section ..... -round the powers of the authorities functioning under the motor vehicles act, 1939 and motor vehicles act, 1988 in so far as they seek to compound the offences under section 127-b of the motor vehicles act of 1939 analogous to section 200 of the 1988 act, they further project a question as to under what circumstances the concerned motor vehicles plying under tourist vehicle permits issued under the aforesaid acts can be seized and detained by those authorities in ..... in another state are not liable to be seized and detained under the provisions of section 129-a of the motor vehicles, act, 1939 or under section 207 of the motor vehicles act, 1988, on the sole ground that the said tourist vehicles are operated as non-stop motor vehicles plying between any two points and carry individual passengers whose names are listed as per the prior contract and ..... the stage carriage permit-holders that if stage carriage is found plying on a road not necessarily covered by that permit due to emergent circumstances as permitted by the motor vehicles act, it cannot be said that the stage carriage is plied contrary to the condition of the permit and therefore, drastic action under section 207 in such a case ..... 1985 .....
Tag this Judgment!Court : Karnataka
Reported in : 2002ACJ1889; [2002]110CompCas31(Kar)
..... this point, the division bench while interpreting the scope of the cross-objection in an appeal presented by an insurer under section 110d of the act, held that:'under the provisions of the motor vehicles act, both in the original proceedings as well as in the appeal, an insurer is entitled to raise only such of the grounds, as are specifically provided in section 96(2) of the act. . . ..... to 4, filed a petition under section 166 of the motor vehicles act, 1988 claiming compensation of rs. ..... is submitted that in an appeal filed by the insurance company cross objections filed by the claimants are maintainable in view of the provisions of rule 256 of the motor vehicle rules read with order 41, rule 22 of the code of civil procedure. ..... rama prasad [1985] acj 864, wherein it was held that when the appeal was by the insurer as to the extent of its liability, in a cross-objection in such an appeal by the respondent owner of the vehicle, the quantum of compensation awarded cannot be ..... rama prasad [1985] acj 864, the division bench, while considering an appeal filed by the insurance company against the order of the tribunal, wherein an employee who was travelling in the course of the employment sustained injuries due to ..... rama prasad [1985] acj 864 requires ..... rama prasad [1985] acj 864 ; panna lal ..... rama prasad [1985] acj 864 holding that in an appeal filed by the insurance company, the scope of appeal is limited and the question of quantum cannot be gone into by filing cross objections, requires .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1972Kant181; AIR1972Mys181; (1972)1MysLJ172
..... that the amendment did was to make further reference to the mysore motor vehicles taxation of passengers and goods act also.4. ..... amendment, the said clause made reference only to motor vehicles taxation act. ..... second contention is that clause (i) of rule 106 of the mysore motor vehicles rules is beyond the scope of the rule making power under section 68 of the mysore motor vehicles act and that therefore the same should be struck down as ultra vires ..... not see sufficient grounds to hold that clause (i) of rule106 of the motor vehicles rules is beyond the scope of rule making power under section 68 of the motor vehicles act or to any extent infringes any fundamental right of the petitioner.13. ..... stated that whereas it is permissible under the motor vehicles (taxation of passengers and goods) act to make an estimate and pay the tax, it is not unlikely that the asses-sing authority may at a later date after an assessment, determine as payable more tax than has been paid actually and that therefore upon such a determination there is every likelihood of the authorities under the motor vehicles act taking steps to suspend or cancel the permit under section 60 of the motor vehicles act.9. ..... way one has to see whether the imposition of conditions prohibiting operation of motor vehicles, without payment of taxes either under the motor vehicles act or under the motor vehicles (taxation of passengers and goods) act has or has not any reasonable relationship with the control of transport vehicles. .....
Tag this Judgment!Court : Karnataka
Reported in : II(2002)ACC671; ILR2002KAR2490; 2002(5)KarLJ307
..... point, the division bench while interpreting the scope of the cross-objections in an appeal presented by an insurer under section 110-d of the act, held that:'under the provisions of the motor vehicles act, both in the original proceedings as well as in the appeal, an insurer is entitled to raise only such of the grounds as are specifically provided in section 96(2) of the act ............... ..... to 3 and one devappa, petitioners 1 to 4, filed a petition under section 166 of the motor vehicles act, 1988 claiming compensation of rs. ..... in view of section 95(2)(b)(l) of the motor vehicles act. ..... of the clear provisions, one cannot give a restricted meaning to the provisions in the absence of any restrictions in the motor vehicles act. ..... submitted that in an appeal filed by the insurance company cross-objections filed by the claimants is maintainable in view of the provisions of rule 256 of the motor vehicles rules read with order 41, rule 22 of the cpc. ..... was held when the insured does not prefer an appeal against the quantum of compensation, in such an eventuality the act enables the insurer to contest it on all grounds available to the insured including preferring an appeal against the award. ..... in national insurance company limited's case, supra, wherein it was held that when the appeal was by the insurer as to the extent of its liability, in a cross-objection in such an appeal by the respondent-owner of the vehicle, quantum of compensation awarded cannot be questioned. ..... 482 : 1985 acj 864 .....
Tag this Judgment!Court : Karnataka
Reported in : 2004ACJ1929; ILR2003KAR2877; 2003(3)KarLJ387
..... learned counsel for the appellant, relying upon this decision submits that as the appeal was pending when the amendment was given effect to and section 166(3) of the motor vehicles act, 1988 was repealed, applying the ratio laid down by the supreme court in this case, dismissing the claim ..... the application itself was pending before the tribunal or before the high court or even the supreme court in any other manner, the amended law will apply to such proceedings and it is as though no limitation governs the presentation of an application and such an application cannot be dismissed on the ground of the period of limitation that had been prescribed earlier under section 166(3) of the motor vehicles act, 1988.9. ..... is presented under section 110-a of the motor vehicles act, 1939, parties have proceeded on the understanding that it is an application only under section 166 of the motor vehicles act, 1988 and in fact the tribunal had also proceeded on such premise as is reflected in the very opening para of the judgment which says that this is a petition filed under section 166 of the motor vehicles act, 1988 for compensation amount of rs. ..... in this view of the matter, the claim application is necessarily one under section 166 of the motor vehicles act, 1988 and though the period of limitation will operate inasmuch as section 166(3) of the act was in operation at the relevant point of time when the tribunal rendered the judgment, when we are considering this appeal, it is not having .....
Tag this Judgment!Court : Karnataka
Reported in : (2004)IILLJ235Kant
..... , starts with a non obstante clause and gives the person concerned the option to raise a claim for compensation either under workmen's compensation act or under the motor vehicles act, 1988, we are of the view the obligation of the insurance company to indemnify a person specified in the policy is enforceable under the motor vehicles act in view of the provisions of section 147(5) which reads as under:'(5) notwithstanding anything contained in any law for the time being in force, an ..... section 146 of the motor vehicles act inter alia provides that no person shall use, except as a passenger or cause or allow any other person to use, a motor vehicle in a public place, unless there is in force in relation to the use of the vehicle by that person or that other person, a policy of insurance complying with the requirements ..... for determination before this bench is the extent of liability of insurance company to indemnify the owner under the act policy against the compensation awarded by motor accidents claims tribunal under the motor vehicles act (hereinafter called the 'm.v. ..... an insurance policy which conforms to the bare requirements of section 147 of the act, the liability of the insurance company shall be limited to the liability arising under the workmen's compensation act but any such liability would be enforceable under the motor vehicles act even without an adjudication under the workmen's compensation act. ..... amendment act 100 of 1957, the coverage was provided under the act policy .....
Tag this Judgment!Court : Karnataka
Reported in : 2005ACJ384; ILR2004KAR815
..... of fault on the part of the driver or the owner of the vehicle involved in the accident is essential having regard to the fact that the claim was a fault claim under section 166 filed before the 1994 amendment of motor vehicles act by which proof of fault was dispensed with in terms of section 163-a(2) of the said act. ..... the contrary version given by the driver of the vehicle was found to be more probable by the tribunal while holding that the driver was not in any way responsible for the accident which according to the tribunal did not arise out of the use of the motor vehicle having been caused solely because of the act of an outside agency.we have heard learned counsel for the ..... the court held that there was a causal connection between the accident and the use of the motor vehicle entitling the legal heirs for payment of compensation.in the latter case from himachal pradesh, a bomb was planted in himachal road transport corporation bus which exploded when the bus had covered a ..... was, in the light of what we have said above, in error in holding that the accident had not arisen out of the use of the motor vehicle and that a claim petition was not maintainable on behalf of the legal heirs of the deceased.7. ..... lemos 1985(2) wlr 478 held that in order that an accident may be said to have arisen out of the use of a motor vehicle what is important is that their should be a connection between the use of the motor vehicle and the accident which need not necessarily be direct and immediate .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR3710; 2005(4)KarLJ481
..... --notwithstanding anything in this part, any provision of any law relating to municipalities in force in a state immediately before the commencement of the constitution (seventy-fourth amendment) act, 1992 which is inconsistent with the provisions of this part, shall continue to be in force until amended or repealed by a competent legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier'.in view of the above article of the constitution, the definition of 'bangalore metropolitan area' in section 2(c) ..... notices under sections 9 and 10 of the land acquisition (karnataka extension and amendment) act, 1961 have been issued to some of the khathedars or persons interested in the ..... of bda act being inconsistent with the provisions of part ix-a of the constitution, it was in force for a period of one year only from the commencement of constitution (seventy-fourth amendment) act, 1992, and thereafter it is no more ..... commissioner of income-tax, west bengal : [1996]219itr515 ..... 981 and 982 of 1984, dd: 29-4-1985 (sc) and to the learned judge who agreed with him, we cannot concede that this court is bound to ..... : [1985]1scr686 .....
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