Karnataka Court July 1981 Judgments
S.C. Konda Reddy Vs. Union of India and anr.
Court: Karnataka
Decided on: Jul-15-1981
Reported in: AIR1982Kant50; 1981(2)KarLJ276
Jagannatha Shetty, J.1. This appeal concerns with the right of the appellant to have his claim referred to arbitration for adjudication. The I Additional Civil Judge Civil Station, Bangalore who tried the matter as O. S. No. 173 of 1977 dismissed the appellant's application filed u/s 20 of the Arbitration Act. This appeal is preferred against that order.2. The parties rested their case only on their pleadings and the terms of the agreement they did not produce any oral evidence.3. We will give a brief summary of the facts avoiding as far as possible the controversial matters.The appellant was a railway contractor. He entered into an agreement with the respondents for execution of certain works including the work of doubling of track between Renigunta and Balapalle earth work forming Bank and cutting etc, earmarked between chainage O and 10.600 Reach I. As per the terms of the agreement the respondents were to point out the lands and places where work had to be carried out and supplies ...
Tag this Judgment!C.J. Paul and anr. Vs. Syed Peer
Court: Karnataka
Decided on: Jul-15-1981
Reported in: AIR1982Kant281; ILR1981KAR1556
Sabhamt, J.1. This appeal by the owner with the insurer is directed against the judgment and award dated 12-2-1980 passed by the Claims Tribunal, Bangalore City, in M.C. (M.V.C.) No. 212 of 1979 awarding compensation of Rs.3,05,924/- as compensation to the respondents especially from respondent 2-the Insurance Company.2. The only point that was canvassed before us in this appeal is that the compensation awarded is out of all proportion to the nature of injuries sustained and that it does not compare well with the general run of awards made in comparable cases over some length of time.2-A. The evidence on record discloses that the claimant sustained compound fracture of right patella and compound fracture of right femur. The fracture was reduced but it developed infection with the result that he had to continue the stay in the hospital. P. W. 3 Dr. Gyanachand of the Victoria Hospital has stated during his evidence that the patient was in the hospital from 17-1-1979 to 28-11980. His righ...
Tag this Judgment!Amrithappa and anr. Vs. State of Karnataka
Court: Karnataka
Decided on: Jul-13-1981
Reported in: 1982CriLJ1336; ILR1981KAR1135; 1981(2)KarLJ512
Nesargi, J.1. This appeal is directed against the conviction and sentence passed by the principal Sessions Judge, Dharwar, in Sessions Case No. 21 of 1980 dated 16-9-1980 convicting the appellants for having committed the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and sentencing each one of them to undergo imprisonment for life. 2. On perusing the records and hearing the learned counsel for the appellants and the learned State Public Prosecutor, it is our considered opinion that the facts of the case and the evidence in the case need not be gone into as the trial held and the conviction recorded by the principal Sessions Judge, cannot be considered as having been done in valid exercise of his jurisdiction and therefore, according to law, and requires to be quashed. 3. Sessions Case No. 21 of 1980 after it was registered in Sessions Court, Dharwar, was made over by the principal Sessions Judge to Second Addl. Sessions Judge, Dharwar, in exercise o...
Tag this Judgment!Nagappaiah and Etc. Vs. Bhaskara and ors.
Court: Karnataka
Decided on: Jul-13-1981
Reported in: AIR1982Kant183; [1983]54CompCas551a(Kar); ILR1981KAR1352
Sabhahit, J.1. These three appeals arise out of Judgment and award, dated 7-1-1978, passed by the Motor Accidents Claims Tribunal Chickmagalur, in Misc. (MVC) No. 20/1976, on its file, awarding compensation of Rs. 22,000/- together with interest and costs to the injured claimant.2. It is the case of the injured claimant Bhaskara that he and his father Thimmappa P. W. 2, boarded a lorry in Yeshawantapur in the night of 4/5-6-1976 to go to Shimoga, the lorry was bearing No. MYS. 7557. They were sitting in the seat behind the driver. The said lorry was driven by the 5th respondent in the petition. When the lorry was going at a distance of 3 miles from Mitigate and proceeding towards Kadur, at about 11-30 p. m., another lorry bearing No. MRS. 6571 belonging to the first respondent in the petition and driven by the second respondent in the petition came from the opposite direction with great speed and the two lorries collided in the middle of the road and the front glass of the lorry in whi...
Tag this Judgment!Vijayamma Vs. State of Karnataka
Court: Karnataka
Decided on: Jul-10-1981
Reported in: ILR1981KAR1141; 1981(2)KarLJ342
ORDER1. This petition is directed against the conviction and sentence passed on the petitioner by the Metropolitan Magistrate (Traffic Court-I) Bangalore City, in C.C. No. 3527 of 1980. The learned Magistrate has convicted the petitioner for having committed the offence punishable under S. 92(1)(o) and (r) of the Karnataka Police Act, 1963 (to be hereinafter referred to as the Act) and sentenced her to pay a fine of Rs. 10/- and in default to undergo simple imprisonment for two days. 2. The simple case of the prosecution is that at about 12.00 noon on 17-1-1980, one Jayalakshmi noticed that in her absence the petitioner had spread wheat on the pial of her house and that she told the petitioner to remove the wheat as the children would spoil it, but the petitioner abused her in foul language and assaulted her. She subsequently informed the matter to the police and the police investigated into the case. After investigation, the petitioner was charge-sheeted for having committed the afore...
Tag this Judgment!M.R. Krishnappa Vs. Bhagyalaksbmamma and ors.
Court: Karnataka
Decided on: Jul-10-1981
Reported in: AIR1982Kant77; [1983]54CompCas385(Kar)
Sabijahit, J.1. This appeal by the owner of the bus in question (original respondent 1) is directed against the judgment and award dt. 5-3-1979, passed by the Member, Motor Accidents Claims Tribunal, Mandya, in Miscellaneous (MVC) Case No. 23 of 1975 on his file, awarding compensation of Rupees 23,100/- in favour of claimant 1, the widow of- the deceased.2. It is the case of the claimant that H. B. Annegowda, aged about 52 years, husband of claimant-1 and father of claimants 2 to 5 was traveling in a bus bearing Registration No. MYA 2288 from Mysore, on his way to Chickmagalur, on 10-5-1971. He was seated in the front row behind the seat of the driver. The bus was driven by Jayakumar of Saligrama, the driver, in a rash and negligent manner. When the bus was going in Chikka Voddaragudi on MysoreHassan Road at about 11-30 P. M., the bus met with an accident. It went and dashed against the protruding branch of a tree going on its off side, as a result of which Annegowda sustained grievous...
Tag this Judgment!United India Fire and General Insurance Co. Vs. Azeerunnisa and ors.
Court: Karnataka
Decided on: Jul-10-1981
Reported in: AIR1982Kant187; [1983]54CompCas399(Kar); ILR1981KAR1549; 1982(1)KarLJ91
Sabhahit, J.1. These appeals by the Insurance Company are directed against the order passed in F. C. No. 77 of 1977-78 on 30-4-1979 on the file of the Commissioner for Workmen's Compensation, Bangalore Urban District, Bangalore, and awards made in M. V. C. 143 of 1976, M. V, C 191 of 1979 and M. V. C. 160 of 1976, on the file of the Motor Accidents Claims Tribunal, Bangalore City on 4-12-1979.2. The points raised before us in these appeals are that the Tribunal was not justified in saddling the entire liability on the Insurance Company as the Insurance Company is liable to discharge the liability only to the maximum extent of Rupees 50,000/- The second point raised by the learned counsel for the appellant is that the maximum limit of Rs. 50,000/- includes the liability arising the Workmen's Compensation Act also.3. As against this, the learned counsel for the claimants submitted that the policy was comprehensive policy and as such the Insurance Company was legally bound to indemnify th...
Tag this Judgment!Noreen Judith Sandhurst Vs. Raymond Bernard Sandhurst
Court: Karnataka
Decided on: Jul-09-1981
Reported in: AIR1982Kant102
Sabhahit, J.1. This reference for confirmation under S. 17 of the Indian Divorce Act, 1869 (hereinafter referred to as the Act) is by the court of III Additional District Judge, Metropolitan City in Matrimonial Case No. 1 of 1980 on his file. The petitioner, Mrs. Noreen Judith Sandhurst made an application under S. 10 of the Act for a decree of dissolution of marriage and divorce on the following averments.2. The petitioner and respondent -Raymond Bernard Sandhurst, husband of the petitioner, are Christian by religion and belong to Indian Nationality and domicile. Respondent married the petitioner on 2-4-1975 at Coonoor. The marriage was solemnised at the Mother of Perpetual Health Church, Mount Road, Coonoor. The marriage certificate is Ex. P. 1. Both the petitioner and respondent were working as teachers in Frank Anthony Public School at Bangalore, and after the marriage also they continued to work there. In May 1975, the petitioner and respondent went to Coonoor for a month's holida...
Tag this Judgment!The Oriental Fire and General Insurance Co. Ltd. Vs. Tippanna Gadagepp ...
Court: Karnataka
Decided on: Jul-07-1981
Reported in: AIR1982Kant150; [1983]54CompCas356a(Kar)
M. Nagappa, J.1. This appeal by the insurer is directed against the judgment and award dated 18-12-1979 passed by the Motor Accidents Claims Tribunal, Dharwad, in M. C. (M. V. C.) No. 76 of 1978 fixing the liability on the Insurance Company along with the owner and the amount awarded to be paid by the Insurance Company under S. 110B of the Motor Vehicles Act.2. The only point that was canvassed for our consideration by the learned counsel for the appellant is that the vehicle was not insured on the date of accident, namely, on 11-2-1978. If that is so, the Tribunal was not justified in fixing the liability on the Insurance company.3. A perusal of the records indicates that the Insurance company has issued renewal receipt on 14-2-1978 after having received the premium due there under on 13-2-1978 and with effect from 10-2-1978 for a period of one year thereafter. The accident happened on 11-2-1978. Therefore, it is clear that the policy was in force on the date of the accident. in which...
Tag this Judgment!P.N. Krishnamoorthi Bhat Vs. Shivaprasad and anr.
Court: Karnataka
Decided on: Jul-03-1981
Reported in: AIR1982Kant173; ILR1982KAR128
ORDER1. This civil revision petition is directed against the order dated 28tb January 1981 passed by the learned Civil Judge, Udupi, allowing I. A. No. VI filed by the respondents in 0. S. No. 28/78. That is an application filed by the respondents for amendment of the decree passed In the aforesaid suit on the basis of a compromise. The learned Civil Judge has allowed the application in its entirety 2. The Petitioner has resisted the application on various grounds. The application for amendment of the decree has been filed under the following circumstances. The respondents have filed the aforesaid 0. S. No. 28 of 1978 against the petitioner for possession of the suit Schedule properties which consist of movable as well as immovable properties. The reliefs sought for in the plaint were as follows :'1. Directing the defendant to Vacate and deliver possession of the under mentioned W. W and 'C' schedule pretnlses with moveables to the 1st plaintiff, with future mesne profits at the rate o...
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