Karnataka Dharwad Court March 2016 Judgments
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The Manager, Iffco Tokio General Insurance Company Limited, Bangalore ...
Court: Karnataka Dharwad
Decided on: Mar-15-2016
1. The IFFCO Tokio General Insurance Company Limited filed this appeal challenging the judgment and order dated 6-2-2009 made No.WCA/NF/102/2008 passed by the Labour Officer and Commissioner for Workmen s Compensation, Haveri (hereinafter referred to as the WCC for short). 2. The first respondent herein filed a claim petition contending that he was working as a driver in a vehicle bearing registration No. KA-27/A-47 belonging to the second respondent herein. On 21-2-2008 as per the instructions of the owner of the vehicle, while he was proceeding on Bisalahalli-Devaragudda Road, in view of the bad condition of the road, the vehicle met with an accident and turned turtle. Due to the impact, the driver of the said vehicle sustained fracture of 5th and 6th ribs of right side, fracture of lumbo sacral spine of L-5 vertebra and other parts of the body. He had taken treatment in the Private Hospital at Ranebennur, he claimed that the owner of the vehicle was paying him salary of Rs. 4,500/- ...
Divisional Manager, Oriental Insurance Co. Ltd., Belgaum Vs. Hanamappa ...
Court: Karnataka Dharwad
Decided on: Mar-14-2016
B. Manohar, J. 1. The Oriental Insurance Company being aggrieved by the judgment and order dated 30/9.2008 made in WCA/F/442/2007 passed by the Labour Officer and Commissioner for Workmen's Compensation, Bagalkot (hereinafter referred to as WCC'). filed this appeal. 2. First respondent herein filed a claim petition contending that son of the claimant Ramanna Jaggal was working as a Cleaner in lorry bearing No. KA-22/A- 7653, which belonged to the respondent No. 2 herein. On 23.10.2007 as per the instructions of owner of the lorry, he had been to Ultra Cement Factory, Ginigera. After unloading the slags he was sleeping near the lorry in the factory premises. At that time, a tipper bearing No. AP-16-TW-8702 came there and while parking the tipper, wheel of the tipper ran over the head and hand of Ramanna, due to which, he died on the spot. Immediately after the accident, driver of the lorry lodged a complaint before the jurisdictional Police. The Police have registered a case against the...
New India Assurance Co. Ltd. Vs. Honnappa and Another
Court: Karnataka Dharwad
Decided on: Mar-08-2016
B. Manohar, J. 1. The New India Assurance Company Limited has filed this appeal, being aggrieved by the judgment and order dated 16-7-2009 made in WCA 84/2005/NF passed by the Labour Officer and Commissioner for Workmen Compensation (hereinafter referred to as the WCC for short). 2. The first respondent herein filed a claim petition contending that he was working as a cleaner in the lorry bearing registration No. KA-34/4400 belonging to the second respondent herein. On 14-6-2004, at about 5.00 p.m., while he was getting down from the lorry cabin, due to the slip of hand, he fell down and sustained grievous injuries. Immediately after the accident, he was shifted to VIMS hospital, Bellary. A complaint has been lodged before the Contonment Out Post police station. The MLC register was sent to the jurisdictional police by the VIMS hospital on 14-6-2004 itself and the police have also recorded the statement. The claimant has contended that the accident occurred during the course and out of...
United India Insurance Co. Ltd. Vs. Nanda and Others
Court: Karnataka Dharwad
Decided on: Mar-01-2016
B. Manohar, J. 1. The United India Insurance Company has filed this appeal challenging the judgment and order dated 26.2.2010 passed by the Labour Officer and Commissioner for Workmen's Compensation, Sub-Division-1, Belgaum, in WCA:SR:31/2009 (hereinafter referred to as 'the WCC' for brevity). 2. The respondents 1 to 4 herein filed the claim petition contending that husband of claimant No. 1 and father of claimant Nos. 2 to 4, Nagesh Lad was working as a driver in the lorry bearing registration No. KA- 22/7327 belonging to the 5th respondent herein. On 15.12.2008, after loading the sand while he was proceeding towards Machche, due to stress and strain developed chest pain. He had parked the lorry and taken rest in the vehicle itself. However, he died in the lorry due to cardiac arrest. Immediately, a complaint was lodged before the Belagavi Rural Police Station, which has been registered as Crime No. 51/2008. The post mortem has been conducted and it was found that the cause of death w...
Gajanan Ramachandra Velangi Vs. Vijaya Irappa @ Chudamani Undre and Ot ...
Court: Karnataka Dharwad
Decided on: Mar-01-2016
(Prayer: This WA filed under Section 4 of the Karnataka High Court Act read with Article 215 of the Constitution of India praying that the order of learned single Judge dated 11.02.2015 passed in W.P.No.68108 of 2010 may Kindly be set aside and the writ appeal may be allowed.) H.G. Ramesh J. (Oral): 1. Whether an Arbitral Tribunal having authority to receive evidence, has the power under Section 33 of the Karnataka Stamp Act, 1957 ( the Act ), to impound any instrument (document) as defined under Section 2 (j) of the Act, if it is not duly stamped? This is the question that requires determination in this appeal. The question is answered in the affirmative. 2. This intra court appeal is directed against an order of a learned Single Judge dated 11.02.2015 made in Writ Petition No.68108 of 2010. By the impugned order, the learned Single Judge has dismissed the appellant s writ petition as devoid of merit. In the writ petition, the appellant had challenged the order dated 19.05.2010 passed...
Sri. Gajanan Ramachandra Velangi, Vs. Sri. Vijaya Irappa @ Chudamani U ...
Court: Karnataka Dharwad
Decided on: Mar-01-2016
-1- WA No.100191/2015 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE1t DAY OF MARCH2016PRESENT THE HONBLE MR. JUSTICE H.G.RAMESH AND THE HONBLE MR. JUSTICE G.NARENDAR W.A. No.100191 OF2015GM-ST/RN) R BETWEEN: SRI. GAJANAN RAMACHANDRA VELANGI AGE:47. YEARS, OCC: BUSINESS R/O No.148/B, BHUDHAWAR PETH TILAKWADI, BELAGAVI, DIST: BELAGAVI. APPELLANT (BY SRI. F.V. PATIL, ADVOCATE) AND:1. 2.3. SRI. VIJAYA IRAPPA @ CHUDAMANI UNDRE AGE: MAJOR, OCC: AGRICULTURE R/O16421, ANASURKAR GALLI BELAGAVI, DIST.BELAGAVI. MISS. REKHA D/O IRAPPA CHUDAMANI UNDRE AGE: MAJOR, OCC: HOUSEHOLD WORK R/O16421, ANASURKAR GALLI BELAGAVI, DIST. BELAGAVI. MISS. PRAMILA D/O IRAPPA CHUDAMANI UNDRE AGE: MAJOR, OCC: HOUSEHOLD WORK R/O16421, ANASURKAR GALLI BELAGAVI, DIST. BELAGAVI. WA No.100191/2015 2 4.5. 6.7. 8.9. SHRI. NARAYAN S/O SIDRAI CHOUGALE AGE: MAJOR, OCC: CONTRACTOR R/O A/P MANNUR, BELAGAVI DIST. BELAGAVI. SHRI. JOTIBA S/O SIDRAI CHOUGALE AGE: MAJOR, OCC: CONTRACTOR R/O A/P MANNUR, BELAGAVI. DIST. ...
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