Karnataka Dharwad Court March 2011 Judgments

Smt. Shakunthalamma Vs. Smt. Koushalya and Others

Court: Karnataka Dharwad

Reported in: 2012(3)KCCR2395

(Prayer: This Regular Second Appeal is filed under Section 100 OF CPC, against the judgement and decree dated 30.06.2006 passed in RA.NO.30/2005 on the file of the Additional Civil Judge (SR. DN.), Bellary, allowing the appeal and setting aside the judgement and decree dated 18.01.2005 passed in OS.NO.562/2003 on the file of The III Additional Civil Judge (JR. DN.), Bellary.) 1. Second appeal by the first defendant in OS No.562 of 2003, on the file of the Additional Civil Judge (Jr Dn), Bellary, who, along with co-defendant - second defendant and mother of three plaintiffs in the suit - though was successful in defending the suit for declaration of title and consequential recovery of possession of the suit schedule property - an agricultural land measuring 2.79 acres comprised in Sy. No.179B of D Kaggal village, Bellary taluk, as the learned judge of the trial court dismissed the suit on the premise that the plaintiffs have failed to prove their title to the property as absolute owners...

The Sr. Divisional Manager Vs. Dodda Durgappa and Others

Court: Karnataka Dharwad

Reported in: 2012(2)KCCR1328

(Prayer: This Misc First Appeal is filed under Section 173 (1) of M.V.Act, 1988, against the judgment and award dated 02.03.2010 passed in MVC No.123/2009. On the file of the Prl. District and sessions judge cum Member, MACT, Bellary, awarding the compensation of Rs.4,45,000/- with interest at the rate of 6% p.a., from the date of petition till realization.) 1. Nationalized insurance companies after issuing policies sought to be projected as comprehensive policies covering all sorts of risks of the insured-owners of motor vehicles, when are confronted with awards passed by motor accident claims tribunals at the instance of the injured victims or dependents of a victim who has breathed his last in the accident, come up with all sorts of fantastic grounds and points in an appeal even when having not made good any such defence before the tribunal in spite of extending an opportunity to defend their cases and even without any pleading or supporting material having been made good before the...

The Divisional Manager, New India Assurance Co. Ltd., Bellary, Now Rep ...

Court: Karnataka Dharwad

Reported in: 2012ILR(Kar)2329

(Prayer: This Appeal is filed U/s.173 (1) of the M.V. Act, against the judgment and award dated 16.11.2010 passed in MVC No.466/2007 on the file of the Member, MACT-III, Bellary, Awarding the Compensation of Rs.6,67,933/- with interest @ 6% P.A. from the date of petition till its Realisation.) 1. Appeal by the Insurance Company for getting out of their liability as fastened by the Tribunal which is to be made good by the joint tortfeasor and the insurer jointly and severally. The ground for such eventually i.e., for reversing the order and award of the Tribunal and to relieve the appellant Insurance Company from its joint liability is that there is possibility of the accident itself not having taken place as on 10.07.2005 as claimed by the claimant, that there is possibility of the vehicle which is said to be involved in the accident and the owner of which vehicle had been covered by the Insurance Company perhaps was not at all involved in the accident and the victim a motor cycle ride...

The Oriental Insurance Company Limited, Through Its Regional Office, R ...

Court: Karnataka Dharwad

Reported in: 2012(2)KCCR1244; 2012ILR(Kar)1528

(Prayer: MFA No.1653/2005 is filed under Section 30(1) of the Workmen’s Compensation Act, against the judgment and award dated 28.12.2004 passed in Case No.87/2004 on the file of the Labour Officer and Commissioner for Workmen’s Compensation, Koppal, awarding compensation of Rs.1,14,922/- with interest at 12% p.a. from 05.01.2004 and directing the appellant herein to deposit the same.) 1. These two appeals arise out of the same order passed by the Commissioner for Workmen’s Compensation, Koppal, in Case No.87/2004 dated 28.12.2004, Appeal in M.F.A.No.1653/2005 is filed by the insurance company. Appeal in M.F.A.No.3370/2005 is filed by the claimant being not satisfied with the quantum of compensation awarded by the Commissioner for Workmen’s Compensation. Therefore, these two appeals are heard together. 2. It is the case of the claimant Hanumantha, Son of Yallappa, that he was working as a loader and unloader under Sudhakar Reddy. On 4.12.2003, while discharging ...

Dada and Others Vs. Basavaraj Revanasiddappa Hipparagi and Others

Court: Karnataka Dharwad

Reported in: 2012(3)KCCR2135

(Prayer: This regular Second Appeal is filed under Section 100 of CPC, 1908, against the Judgment and Decree dated 08.09.2009 passed in R.A. No 15/2008. On the file of the Civil Judge (Sr. Dn) Athani, dismissing the appeal, filed against the judgment dated 19.02.2008 and the decree passed in O.S. No 155/2004 on the file of the Addl. Civil Judge (Jr. Dn) and JMFC, Athani, decreeing the suit filed for declaration and injunction.) 1. This second appeal u/s 100 by the legal heirs of original defendant-a lessee who had resisted the ejectment suit in O.S. No 155/2004 and which he could not defend successfully as the suit came to be decreed by the trial court and further an appeal before the lower appellate court in R.A. No 15/2008 also came to be dismissed and therefore this second appeal. 2. Submission of Sri.Ravi S. Balikai, learned counsel for the appellants is that firstly the quit notice issued u/s 106 of the Transfer of Property Act is not tenable, that the notice in the instant case s...

Somanagouda and Others Vs. ShamshiddIn and Others

Court: Karnataka Dharwad

Reported in: 2012(3)KCCR2146

(Prayer: This regular second appeal is filed under Section 100 of CPC, against the judgment and decree dated 21.04.2010 passed in R.A. No 13/2006. On the file of the Prl. Senior Civil Judge, Haveri, allowing the appeal, filed against the judgment dated 23.12.2005 and the decree passed in O.S. No. 60/2001 on the file of the Civil Judge (Jr. D.N.) Savanur. Dismissing the suit filed for specific performance.) 1. This second appeal by the aggrieved first defendant in OS No 60 of 2001. On the file of Civil Judge (Jr Dn) and JMFC, Savanur, who though successfully defended the suit for specific performance of the agreement dated 9.1.1989 and got the suit dismissed not on the ground of non-execution of the agreement but on the ground of want of readiness and willingness on the part of the plaintiff-agreement holder to perform his part of the agreement, but was not so successful in the appeal of the plaintiff before the lower appellate court, wherein the adverse finding against the plaintiff ca...

United India Insurance Co. Ltd., Through Its Regional Office Vs. Basan ...

Court: Karnataka Dharwad

(This Appeal is filed u/s. 173(1) of MV Act against the judgment and award dated 30.03.2005 passed in MVC No.999/1995 on the file of the Addl. Civil Judge (Sr.Dn.) and Additional Mact, Ranebennur, awarding compensation of Rs.8,350/- with interest at 6% p.a.) Re: M.F.A.Nos.6005/2005 and 6004/2005 These two appeals by the Insurance Company under section 173(1) of the Motor Vehicles Act are directed against the order and award dated 30.03.2005 passed in common MVC Nos.246/1995, 247/1995, 248/1995 and 999/1995 corresponding to M.F.A.No.6005/2005 and MVC No.246/1995 corresponding to M.F.A.No.6004/2005 on the common ground that even when the Insurance Company was not liable to reimburse the owner of the vehicle, in the present case impleaded as the 2nd respondent in these two appeals on the ground that the Insurance Company has not issued a policy in respect of the offending vehicle a truck bearing No.MCY-4397 causing an accident on 19.01.1999 giving raise to multiple claims. 2. Submission o...

Smt. Mariyambi Ghorikhan Pathan Vs. Gangadhar M. Gosavi and Another

Court: Karnataka Dharwad

(Prayer: This appeal is field u/s. 173(1) of MV Act against the judgment and award dated 07.02.2004 passed in MVC.No.54/2001 on the file of the Member, AMACT, Sirsi, partly allowing the claim petition for compensation and seeking enhancement of compensation.) 1. Appeal by the injured-claimant against the order and award dated 07.02.2004 passed by the Member, Addl. MACT, Sirsi, in M.V.C.No.54/2001 dissatisfied with the quantum of compensation assessed at a sum of Rs.23,520/- by the Tribunal in respect of the injures and the consequential pain and suffering etc., by the injured-claimant attributable to the accident caused by motor vehicle bearing registration No.KA 22/M-885 while it was proceeding from Dandeli Patel Circle. 2. The injured, a daily wage earner lady had claimed compensation of Rs.2 lakhs saying that she has suffered grievous injuries such as crush lacerated wound on upper half of the left leg and other related injuries, that she had been an inpatient at Patel Nursing Home,...