Sri Manjunath vs M/S The New India Assurance Co Ltd on 11 December, 2017
19. This Court in the Renu's case has held that a
special care has to be taken to over come the situation like
capsizing of vehicle, spilling of oil from the tanker and
likelihood of destruction from fire, confronting with
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dangerous situation. As per Section 14 of the Act, to drive a
transport vehicle carrying goods of dangerous or hazardous
nature be effective for a period of one year and renewal
thereof shall be subject to the condition that the driver
should undergo one day refresher course. This stringent
enactment has been made in the public interest. This was
made public by the Government of Karnataka and in most
of the cases, death take place due to negligence and also
because of without obtaining driving licence under Section
3 or without complying Section 129 of the Act, which
mandates that the person driving two wheeler, they should
have headgear or helmet and the inmates of the vehicle
should insert seat belt. It was made clear that when the
death or injury occurs without complying requirement of
having headgear as prescribed under Section 129 of the
Act or without inserting seat belt, they are not entitled for
compensation before the Tribunal. In the instant case, the
rider died and the pillion rider sustained injury and it is not
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forthcoming whether he was having headgear or wearing
helmet as prescribed under Section 129 of the Act. In the
case of this nature, it is for the Tribunal to give a specific
finding as to whether he was wearing helmet as prescribed
under Section 129 of the Act.