above said vehicle. On 11-9-1997 the Inspector of Motor Vehicles, Office of the Regional Transport Officer, Haveri, checked the aforesaid vehicle ... checking gross weight of vehicle, it was found 28,810 kgs. Therefore. action was initiated stating therein the vehicle was overloaded as permitted load
notices. In other words, the IMV found that the petitioners had overloaded their vehicles as set out in the respective demand notices in contravention ... owner of motor vehicle No. MEZ 4449 had overloaded his vehicle on 19 10-1981 or for one day only in the month of October
counsel appearing on behalf of the KSRTC are that the
Bolero vehicle was overloaded as many as 19 persons
were travelling ... said vehicle; the alleged
accident has taken place only because of the reason
that the driver could not control the vehicle because of
overloading
contended that he had no idea that his driver had overloaded the vehicle; that the vehicle with the goods in it had come from Salem ... vehicle had permitted his driver to load the vehicle in excess of the permitted weight. The version of the petitioner that the vehicle came
circumstances in the given situation. In the instant
case, admittedly the vehicle was overloaded. Hence, it was
the duty of the accused to drive ... vehicle
ran over the ditch which resulted in toppling of the vehicle.
If at all the accused was driving the vehicle slowly, even
other specific
defence assigning reasons for toppling of the vehicle,
except stating that overload of the cotton is the root cause ... toppling. Since, the accused himself has driven such
overloaded vehicle, by permitting persons to sit on it
definitely he was rash and negligent in driving
cabin. This aspect itself clearly
establishes that the vehicle was overloaded and revision
petitioner-accused was negligent in driving the vehicle
with overloaded passengers that ... evident that the accused drove his
vehicle in a rash and negligent manner with overloaded
passengers and was unable to control the vehicle which
covering risk of
only 12 passengers plus driver - Also alleged that vehicle
was overloaded with 35 passengers - Hence owner
committed breach of contract ... liable contended liability of insurer cannot be enlarged -
Held - even if vehicle overloaded insurer cannot avoid
liability - But liability is limited to the number
covering risk of
only 12 passengers plus driver - Also alleged that vehicle
was overloaded with 35 passengers - Hence owner
committed breach of contract ... liable contended liability of insurer cannot be enlarged -
Held - even if vehicle overloaded insurer cannot avoid
liability - But liability is limited to the number
covering risk of
only 12 passengers plus driver - Also alleged that vehicle
was overloaded with 35 passengers - Hence owner
committed breach of contract ... liable contended liability of insurer cannot be enlarged -
Held - even if vehicle overloaded insurer cannot avoid
liability - But liability is limited to the number
