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1 - 10 of 11 (0.22 seconds)Sri Inja Venkatrao vs Smt. Sundara Barik And Anr. on 21 August, 1990
Learned single Judge considered two decisions while recording the finding, one in the case of New India Assurance Co. Ltd. v. Punjab Government and second in the case of Inja Venkatrao v. Sundara Barik and has also considered the Division Bench decision of Allahabad High Court in case of Oriental Insurance Co. Ltd. v. Shibhu Bai , but facts of this case are distinguishable. In this case accident took place due to electric wire as the bus was standing just below the electric wire.
Smt. Mayamma vs Siddaiah And Ors. on 1 January, 2003
After placing reliance on the decision of Division Bench in the case of Mayamma v. Siddaiah , the learned single Judge has also held that a passenger travelling on the roof of the bus along with other passengers was thrown on the road when the driver applied brakes and passengers sustained injuries. In that case also it has been held that both injured and driver are equally negligent.
Section 173 in The Motor Vehicles Act, 1988 [Entire Act]
Divisional Manager, New India ... vs Sanjukta Mallik And Ors. on 19 June, 2000
7. Mr. R.P. Gupta, the learned counsel for the appellants has also placed reliance on the decision of learned single Judge of Orissa High Court in the case of Divisional Manager, New India Assurance Co. Ltd. v. Sanjukta Mallik , in which it is held that passenger travelling on the rooftop can be liable for contributory negligence on the part of such passenger. But such action of the passenger would not have the effect of exonerating the insurance company from its liability.
New India Assurance Co. Ltd. vs Punjab Government And Ors. on 6 September, 1989
Learned single Judge considered two decisions while recording the finding, one in the case of New India Assurance Co. Ltd. v. Punjab Government and second in the case of Inja Venkatrao v. Sundara Barik and has also considered the Division Bench decision of Allahabad High Court in case of Oriental Insurance Co. Ltd. v. Shibhu Bai , but facts of this case are distinguishable. In this case accident took place due to electric wire as the bus was standing just below the electric wire.
Sohanlal And Ors. vs Mangilal And Ors. on 3 December, 2004
9. Learned Counsel for the appellants has further placed reliance on the decision of the learned single Judge in the case of Sohanlal v. Mangilal , in which it has been held that driver and conductor allowed passengers to travel on the roof with full knowledge as the bus was overcrowded, they are responsible for the accident and deceased was not guilty of contributory negligence.
Smt. Shivleela And Ors. vs Karnataka State Road Transport ... on 17 July, 2003
In reply Mr. S. Gajendragadkar, the learned counsel for the insurance company, respondent No. 3, submitted that it could be a case of contributory negligence and placed reliance on two decisions of the Division Bench of Karnataka High Court in the case of Shivleela v. Karnataka State Road Trans. Corporation , in which a passenger was travelling on rooftop of the Corporation bus and was hit by branches of a roadside tree resulting in his death. In that case Karnataka High Court has held that this is a case of contributory negligence of the deceased as well as the owner of the bus.
Managing Director, North West ... vs Guddappa Durgappa Ramannavar on 15 March, 2005
13. Learned Counsel for the insurance company, respondent No. 3, has also cited another decision of learned single Judge of Karnataka High Court in the case of Managing Director, North West Karnataka State Road Trans. Corpn. v. Guddappa Durgappa Ramannavar .
Sundarbai And Anr. vs Laxminarayan And Ors. on 14 September, 2005
8. Learned Counsel for the appellants has further placed reliance on the decision of learned single Judge of this High Court in the case of Sundarbai v. Laxminarayan 2007 ACJ 255 (MP), in which it has been held that when the victim was allowed to travel on roof of the bus in contravention of traffic rules and he died due to electric current while sitting on the roof of the bus, then driver required to be over-cautious and careful about electric wires and it was held by the learned single Judge that the driver of the bus was negligent and set aside the award of the Tribunal dismissing the claim petition and allowed the petition filed by claimants and awarded compensation to the claimants.