Karnataka Dharwad Court March 2013 Judgments
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irappa Vs. I.M. MomIn and Another
Court: Karnataka Dharwad
Decided on: Mar-28-2013
(Prayer: This MFA is filed under section 173(1) of the Motor Vehicles Act, against the judgment and award dated 15.09.2006, passed in MVC no.1745/1998 on the file of the Addl. Civil Judge (Sr.Dn.), Gokak at Gokak, dismissing the petition filed under Section 166 of M.V. Act.) 1. This is a claimant's appeal challenging the judgment and order of the Tribunal dismissing his claim petition. 2. The appellant-claimant filed his petition before the Tribunal claiming compensation in respect of the injuries, which he had sustained in a motor vehicle accident that took place on 25.01.1997 near Samrath Cement Factory situated on Gokak-Belgaum Road. According to him on the date of accident, he was proceeding on his bicycle and while he was near Samrath Cement Factory, the bus bearing registration No.KA-22/F-305 came from his behind driven by its driver at a high speed in a rash and negligent manner and dashed against him. On account of the impact, the petitioner fell down, the bus spead away from t...
Shivanand Vs. Fakirappa D. Karennavar and Others
Court: Karnataka Dharwad
Decided on: Mar-28-2013
(Prayer: This appeal is filed under Section 173(1) of the Motor Vehicles Act, against the judgment and award dated 30.9.2009, passed in MVC No.650/2006, on the file of the Motor Accident Claims Tribunal, Bailhongal, partly allowing the claim petition for compensation and seeking enhancement of compensation, etc.,.) 1. This is a claimant's appeal seeking for enhancement of compensation in respect of the injuries sustained and also to fasten the liability on the 2 n d respondent insurance company who are the insurers of the motorcycle bearing No.KA-22/W-1620, involved in the accident. 2. With consent of both the learned counsel for the respective parties, the matter is taken up for final disposal. 3. It is the case of the petitioner, on 18.11.2005, at about 19.15 hours, he was proceeding as a pillion rider on the motorcycle bearing No.KA-24/H-3598. When the motorcycle was near Bailwad, situated on Bailhongal-Belgaum road, on account of the rash and negligent riding of its rider, it went ...
Suresh D. Bankapur and Others Vs. State of Karnataka Rep. by Its Secre ...
Court: Karnataka Dharwad
Decided on: Mar-28-2013
(Prayer: This W.A. is filed under Section 4 of the Karnataka High Court Act, 1961, praying to set aside the order dated 09.07.2012 passed by the learned Single Judge in W.P. No. 64214/2012. This W.A. is filed under Section 4 of the Karnataka High Court Act, 1961, praying to set aside the order dated 09.07.2012, passed by learned Single Judge in Writ Petition No.64210/2012. This W.A. is filed under Section 4 of the Karnataka High Court Act, 1961, praying to set aside the order dated 09.07.2012, passed by learned Single Judge in Writ Petition No.64208/2012. This W.A. is filed under Section 4 of the Karnataka High Court Act, 1961, praying to set aside the order dated 09.07.2012 passed by the learned Single Judge in W.P. No. 64209/2012.) Dilip B. Bhosale, J. 1. These four Writ Appeals are directed against the orders passed by learned Single Judge, all dated 09.07.2012, in the Writ Petitions filed by the appellants seeking direction to the Special Land Acquisition Officer to consider their ...
The Competent Authority, Belgaum and Others Vs. Manjula and Others
Court: Karnataka Dharwad
Decided on: Mar-01-2013
1. The appellants have challenged the order dated 21-11-2011, passed by the learned Single Judge, in W.P No.30792 of 2008. 2. By the impugned order, the learned Single Judge has disposed of the writ petition with an observation that the proposed action to take possession of surplus/excess land is abated. 3. Aggrieved by that, the appellants have filed this writ appeal. 4. Briefly stated, the facts are: The respondents are the legal heirs of Vasant Killekar who was the owner of R.S No. 1042/1B-PI measuring 1 acre 36 guntas, situated at Belgaum. The first appellant by order dated 26-6-1986 acting under Section 8(4) of the Urban Land (Ceiling and Regulation) Act, 1976 has held that retainable area is 4000 sq. mtrs. and excess area is 7.977.85 sq. mtrs. The appellant 1 published notification under Section 10(1) of the ULC Act calling upon objections if any. As objections were not filed final order Section 10(3) was passed on 30-9-1991. Notices dated 15-5-1992 and 5-9-1992 under Section 10(...
The Chairman, the State Government Employees Shikshana Sangha, Hubli V ...
Court: Karnataka Dharwad
Decided on: Mar-01-2013
Venugopala Gowda, J. 1. Appellant who was defendant No.3 in a suit for specific performance has sought reversal of the decrees passed by the two Courts below directing specific performance of an agreement of sale marked as Ex.P1, between the plaintiff and defendant No.1. For convenience, the parties would be referred to with reference to their ranks in the suit. 2. Factual matrix of the case; On 09.08.1982, defendant No.1 entered into an agreement of sale with the plaintiff, to sell agricultural land bearing Sy. No.61/1A measuring 16 acres and 5 guntas, situated at Tarihal Village, Hobli and Taluk, for a consideration of Rs.61,101/-. Advance amount of Rs.6,000/- was paid and the balance sale consideration of Rs.55,101/- was to be paid at the time of execution of the sale deed. Defendant No.1 sold the said property on 24.10.1983 (Ex.P13) to defendant No.2 for sale consideration amount of Rs.35,000/-. Plaintiff instituted suit on 10.02.1984, to pass a decree for specific performance alle...
Aruna and Others Vs. Muthanna and Others
Court: Karnataka Dharwad
Decided on: Mar-01-2013
(Prayer: This MFA is filed U/S 173(1) of MV Act, against the Judgment and Award dated:24-03-2012 passed in MVC No.830/2011 on the file of Member, MACT.No.II, Bellary, partly allowing the claim petition for compensation and seeking enhancement of compensation.) H. Billappa, J. 1. This appeal by the claimants is directed against the judgment and award, dated 24.03.2012, passed by the MACT-II, Bellary, in MVC No.830/2011. 2. By the impugned judgment and award, the Tribunal has awarded a sum of Rs..10,59,750/- and deducting 60% towards contributory negligence has awarded a sum of Rs..4,23,888/- with interest at 6% p.a. from the date of petition till the date of realisation. 3. Aggrieved by that, the appellants-claimants have filed this appeal. 4. Briefly stated the facts are: The appellants are the wife and children of deceased G.Suresh. That on 25.07.2010, at about 2.10 p.m., the deceased Suresh was driving the KSRTC bus bearing No.KA-36-F-736. The deceased stopped the bus on the left sid...
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