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Documents citing Smt H Kumari vs B C Sridhara on 16 June, 2020

The Manager vs Smt. Channavva W/O Prakash Gadad on 21 August, 2023

NC: 2023:KHC-D:9248-DB MFA No. 102032 of 2023 re-evaluation of the evidence presented in the record and considering the aforementioned decisions in the cases of H. KUMARI and ANU BHANVARA (supra), we are of the opinion that the Tribunal has correctly assessed the evidence on record and issued the impugned judgment and award. We do not find any grounds to interfere with the judgment and award, both in terms of liability and the quantum of compensation. Accordingly, we proceed to pass the following:
Karnataka High Court Cites 14 - Cited by 0 - S R Kumar - Full Document

United India Insurance Co. Ltd vs Kanchan Sharma And Others on 9 May, 2022

08. As far as the issue involved in the present appeal is concerned the court can take cue from the judgment passed by the Karnataka High Court in case titled Smt. H. Kumari Vs. B.C. Sridhara MFA No. 2482/2015 (MV-D) decided on 16.06.2020. In this case, the court took note of the fact that the driver of the oil tanker was holding driving license to drive Heavy Goods Vehicle but not for the oil tanker and therefore the vehicle was held to be driven by the driver of the offending vehicle in violation of the Act and the Rules made thereunder. The court after analysing provisions of the Act and specially Section 149 (2), 14(2)(a) of The Motor Vehicles Act which refers to the grant of licence to drive a transport vehicle to carry goods of hazardous or dangerous nature effective for a period of one year and the renewal is subject to the condition that the driver undergoes one day refresher course of the prescribed syllabus. The court also took notice of Rule 9 of the Rules framed under The Motor Vehicles Act pertaining to the conditions which are required to be satisfied before the driver can possess the licence for driving a transport vehicle carrying dangerous or hazardous nature of goods. The court while absolving the insurer company of its liability to pay compensation held the company entitled to recover the same from the owner of the Oil Tanker. The court finds that the judgment (supra) applies on all fours in the present case. The appellant cannot be held liable to pay the compensation in favour of the claimants. However, keeping in view the facts and circumstances of the case and applying ratio of the aforesaid judgement the appellant is directed to pay 7 MA No. 156/2016 the compensation to the claimants and is entitled to recover the same from the owner and driver of the vehicle.
Jammu & Kashmir High Court Cites 9 - Cited by 0 - P K Gupta - Full Document

Namdev S/O Gundappa Metre vs Tippanna S/O Maruti Dubulgundi And Ors on 12 October, 2023

5. Sri Manvendra Reddy, learned counsel for respondent no.6 sought to support impugned award. It was submitted that under similar circumstances, in case of non- possession of driving licence by driver of insured vehicle, Division Bench of this Court case in Smt.H.Kumari and another vs. B.C.Sridhar and others (MFA no.2482/2015 disposed of on 16.06.2020), had affirmed dismissal of claim petition against insurer and therefore no interference was warranted.
Karnataka High Court Cites 3 - Cited by 0 - R V Hosmani - Full Document
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