Death of motorist from falling tree is 'vehicle accident': Karnataka HC
Bengaluru, Oct 10: The Karnataka High Court has held that the death of a motorist from a falling tree branch is still an accident "arising out of the use of motor vehicle", and therefore the insurance company is liable to pay compensation.
The judgement by Justice H P Sandesh came in an appeal filed by the United India Insurance Company, which had approached the HC against the order of a lower court that had awarded compensation of Rs 3.62 lakh to the family members of a motor vehicle accident victim.
The accident happened on July 2, 2006, and the lower court judgement was delivered in February 2011. The appeal was filed in the HC later that year and the judgement came recently.
Shamrao Patil, 44, died in an accident while he was riding a motorcycle on Salpewadi-Gargoti road in Kolhapur district of Maharashtra. A branch of a eucalyptus tree fell on his head which resulted in his death.
Challenging the award of compensation, the company claimed in the HC that the accident is because of a branch of eucalyptus tree falling on him and it was not an accident "arising out of the use of motor vehicle".
Sanjay S Katageri, advocate for the victim's family, pointed out the 2003 case of Sulochana vs KSRTC in which a banyan tree had fallen on a bus on the road resulting in the death of three people.
The court had then ruled that the deaths were "due to accident arising out of the use of motor vehicle", and therefore it came under Section 163A, Schedule II of the Motor Vehicles Act.
Other judgements where the courts have held that a person who is not the owner of the vehicle becomes a 'third-party', were also referred.
The HC, in its judgement, cited the case of Shivaji Dayanu Patil vs Vatschala Uttam More where a petrol tanker had overturned after a collision and the public had gathered to collect petrol. An explosion resulted in these people getting injured. The Supreme Court had held that this was still a vehicle accident and the insurance company had to pay them compensation.
In another case of Rita Devi vs New India Assurance, an auto-rickshaw driver, who was murdered by the passengers who wanted to steal his vehicle, was also held to be an accident victim arising out of use of motor vehicle for the sake of awarding compensation.
In the present case, the HC also said that though the bike was owned by the daughter of the victim, he had stepped into the shoes of the owner by borrowing it to commute. It also held that negligence cannot be held as a ground for not awarding compensation. It held that the insurance company was thus liable to pay compensation.
However, the HC also noted that since personal accident cover was charged for 'owner-cum-driver' it was liable only to pay the personal accident (PA) cover of Rs 1 lakh.
In the insurance, there was a specific Rs 50 collected as personal accident cover. This entitled payment of compensation of Rs 1 lakh and not the compensation of Rs 3.62 lakh which the lower court had ordered, the HC said.
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Karnataka govt directs municipal corps to regulate, prohibit pigeon feeding
Bengaluru (PTI): The Karnataka government has issued directions to municipal corporations across the state to regulate and prohibit feeding pigeons in public places, citing serious public health concerns.
Deputy Secretary to Government V Lakshmikanth has written to the Urban Development Department requesting it to issue directions to the Greater Bengaluru Authority (GBA) and all municipal corporations to take immediate steps to implement the measures.
In an official note dated December 16 issued by the Health and Family Welfare Department and released to the media on Wednesday, the department said uncontrolled feeding of pigeons in public places has resulted in large congregations of birds, excessive droppings and serious health concerns, particularly respiratory illnesses linked to prolonged exposure to pigeon droppings and feathers such as hypersensitivity pneumonitis and other lung diseases.
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"The commissioner, the Greater Bengaluru Authority and the Commissioners and chief officers of other municipal corporations shall take necessary action to mitigate the causes of dangerous disease spread by pigeon and enforce specified guidelines in their respective jurisdiction," the note said.
According to the department, these include a prohibition on feeding pigeons or causing pigeons to be fed in areas where it may cause nuisance or pose a health hazard to the public. Pigeon feeding shall be permitted only in designated areas in a controlled manner, subject to certain conditions.
"The designated areas may be selected in consultation with stakeholders. The responsibility for upkeep of the designated areas and compliance to the directions shall be taken up by some charitable organisation or an NGO. The feeding in designated areas shall be permitted only for some limited hours in the day," it said.
The note further stated that authorised officers of local authorities shall issue on-the-spot warnings and may impose fines for violation of the order, or lodge complaints to prosecute offenders under Sections 271 (Negligent act likely to spread infection of disease dangerous to life) and 272 (Malignant act likely to spread infection of disease dangerous to life) of the Bharatiya Nyaya Sanhita.
It also directed local authorities to conduct public awareness campaigns, including the display of signboards, banners and digital messages, explaining the health hazards associated with pigeon droppings and feathers, the content of the regulatory directions and penalties for violations, and alternative humane methods of bird conservation that do not endanger public health.
