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IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
HANCHATE SANJEEVKUMAR
Basavaraj S/o Karabasappa Sajjan Shettar – Appellant
Versus
K.M. Altaf Hussain S/o Akmal Pasha – Respondent
| Table of Content |
|---|
| 1. accident causes leading to claims. (Para 4 , 5 , 6) |
| 2. bus permit violations and relief vehicle use. (Para 7 , 9 , 10 , 12) |
| 3. judicial interpretation on permit exemptions. (Para 8 , 11 , 13) |
| 4. determining compensation for injuries. (Para 15 , 25 , 27 , 29) |
| 5. final award and conclusion. (Para 22 , 33) |
JUDGMENT :
HANCHATE SANJEEVKUMAR, J.
1. Though these appeals are listed for admission, with the consent of learned counsel for the parties, they are taken up together for final disposal.
2. MFA Nos.101342/2017 (MVC No.173/2014) and 101341/2017 (MVC No.172/2014) are filed by the claimants/injured seeking enhancement of compensation. Whereas MFA Nos.101568/2017 (MVC No.172/2014) and 101569/2017 (MVC No.173/2014) are filed by the owner of bus, questioning the liability fastened on it.
3. These appeals are directed against the common judgment and award dated 24.01.2017 passed in MVC Nos.173/2014 and 172/2014 on the file of Principal Senior Civil Judge and MACT, Haveri (for short ‘Tribunal’).
4. Brief facts leading to filing of these appeals are that on 21.01.2014 around 11.45 a.m., the claimant- Ganesh S/o Shankrappa Kumachagi (MVC No.172/2014) was riding motorcycle bearing reg
Deviation from a permit route can be excused under compelling circumstances, thus not absolving insurance liability in accident claims.
The main legal point established is the entitlement of a bus driver, as an employee under the bus owner, to compensation under Section 163-A(1) of the Motor Vehicles Act, and the need for fair and ad....
In accident cases, liability should reflect the respective negligence of parties, with proper income assessment inclusive of future prospects and non-pecuniary damages being essential for fair compen....
Deviation from the permit route does not absolve the insurance company from liability if the vehicle was used for its intended purpose.
The main legal point established in the judgment is the interpretation of permit conditions under the Motor Vehicle Act and the liability of the insurance company in a motor accident case.
It is a well settled position of law that, even in respect of death of bachelor, multiplier has to be taken based on age of deceased.
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