Karnataka Court July 2000 Judgments
Sangramappa Vs. Shankarappa
Court: Karnataka
Decided on: Jul-25-2000
Reported in: 2001(4)KarLJ39
ORDER1. The respondent's learned Advocate had requested for time on two occasions which was granted, the reason being that there is an abnormally long delay of 809 days in filing of this review petition and it was her submission that apart from the legal aspects of the case, that she is dependant entirely on her client as far as dealing with the factual aspects for which purpose her instructions were that objections in writing be filed. The learned Advocate has been repeatedly contacting the client and requesting the respondent to affirm the requisite affidavit but, despite the best efforts and the indulgence shown by the Court the respondent has not turned up. Situations like this undoubtedly cause an embarrassment to the learned Advocates and today, the learned Advocate informs the Court that she is heavily handicapped insofar as the client has not furnished her with any papers on the basis of which she can advance arguments nor has the client turned up. In fact, the learned Advocate...
Tag this Judgment!Netravatti Venkatesh and Others Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Jul-25-2000
Reported in: ILR2000KAR3031; 2000(5)KarLJ355
ORDERH.N. Narayan, J. 1. These petitioners filed Cri. P. No. 340 of 1999 on the file of this Court through their Advocate Sri R.B. Deshpande for bail. They earlier approached the learned Sessions Judge, Bellary in Criminal Miscellaneous Nos. 247 and 257 of 1998 for bail. Since the learned Sessions Judge had dismissed their application, they had filed the bail petition in Cri. P. No. 340 of 1999. All the 22 accused against whom the Moka Police in Bellary Taluk filed a charge-sheet alleging offences punishable under Sections 143, 147, 148 and 302 read with 149 of the Indian Penal Code, filed the bail petition. This Court after notice to the High Court Government Pleader and after hearing both the sides and after perusal of case papers found that there was sufficient material for believing that all the peti-tioners except petitioners 19 and 21 in the petition are guilty of the offence of murder and other offences alleged against them. Therefore, allowed the bail petition of petitioners 19...
Tag this Judgment!Saroja and ors. Vs. Mahalingappa and anr.
Court: Karnataka
Decided on: Jul-25-2000
Reported in: 2001ACJ1965
Hari Nath Tilhari, J.1. This appeal arises from the judgment and award dated 11.3.1993 delivered by the Motor Accidents Claims Tribunal No. 1, Bijapur in MVC No. 288 of 1991.2. The Tribunal had awarded a total compensation of Rs. 1,62,380 with costs and interest at the rate of 6 per cent per annum from the date of the petition till the date of realisation.3. The material facts and the findings recorded by the Tribunal are to the effect that on the fatal day, i.e., 24.3.91 at about 8.45 p.m., as established by the claimants, Mallikarjun Irappa Awati suffered injuries and died on account of the accident that had taken place on the aforesaid date at 8.45 p.m. near Basaveswar Circle, Mahalingapur town on Mahalingapur-Mudhol Road. While he was going on the bicycle, at that time the tractor bearing No. KA 29-357 along with trailer No. KA 29-358 driven by respondent No. 1 in a rash and negligent manner and at high speed came and knocked down the deceased Mallikarjun, who was going on his cycl...
Tag this Judgment!S. Parvathi and ors. Vs. R. Pandurangasetty and anr.
Court: Karnataka
Decided on: Jul-25-2000
Reported in: 2001ACJ508
Hari Nath Tilhari, J.1. This miscellaneous first appeal arises from the judgment and award dated 16.4.1994, delivered by the Motor Accidents Claims Tribunal, Chitradurga (Addl. District Judge), awarding in total, a sum of Rs. 1,30,000, with interest at 6 per cent per annum thereon from the date of petition till the date of payment.2. The claimant having felt dissatisfied with the amount of compensation awarded has come up with this appeal.The facts in nutshell are that: The case of the petitioner as alleged and as has been found to have been proved as per findings of the Tribunal is; that Thippeswamy, husband of petitioner No. 1, died on account of accident that had taken place on 20.9.88, at about 12.10 p.m. The Tribunal found that the cause of accident has been the rash and negligent driving of the motor vehicle No. MEK 9099, by the driver thereof at a high speed, and according to it on account of the accident which has been the result of that negligent and rash driving of the vehicl...
Tag this Judgment!Sridevi (Deceased) Through Lrs. Vs. Mastak Ahamad and ors.
Court: Karnataka
Decided on: Jul-25-2000
Reported in: 2001ACJ479
T.N. Vallinayagam, J.1. This appeal is directed against the award dated 17.2.1993 passed by the Principal District Judge, Motor Accidents Claims Tribunal at Dharwad on 12.2.1993 granting a total sum of Rs. 72,000 to the deceased appellant in respect of the accident on 11.3.1987 near Rachoteshwar Temple in Vokkalgeri Oni, Gadag, in which accident the deceased is said to have suffered injuries initially (but succumbed to such injuries later).2. Claiming a total compensation of Rs. 4,00,000, a petition was filed by the deceased Sridevi who was aged about four years at the time of accident, through her father as guardian alleging that the deceased Sridevi was injured while she was going to the temple by the truck bearing No. CNB 4373 which was driven by the respondent No. 1. The respondent No. 2 was the owner and the respondent No. 3 was the insurer of the vehicle. Before the trial court, PWs 1 to 3 were examined and Exhs. P-1 to P-3 were marked and no evidence was adduced on the side of t...
Tag this Judgment!Sridevi (Deceased) Through L.Rs Vs. Mastak Ahamad and ors.
Court: Karnataka
Decided on: Jul-25-2000
Reported in: 1(2002)ACC262
T.N. Vallinayagam, J.1. This appeal is directed against the award dated 17.2.1993 passed by the Principal District Judge, Motor Accident Claims Tribunal at Dhirwad on 12.2.1993 granting a total sum of Rs. 72,000/- to the deceased appellant in respect of the accident on 11.3.1987 near Rachoteshwar Temple in Vokkalgeri Oni, Gadag, in which accident the deceased is said to have suffered injuries initially (but succumbed to such injuries later).2. Claiming a total compensation of Rs. 4,00,000/-, a petition was filed by the deceased Sridevi who was aged about four years at the time of accident, through her father as guardian alleging that the deceased Sridevi was injured while she was going to the temple by the truck bearing No. CNB 4373 which was driven by the respondent No. 1. The respondent No. 2 was the owner and the respondent No. 3 was the insurer of the vehicle. Before the Trial Court, P.Ws. 1 to 3 were examined and Exhs. P1 to P3 were marked and no evidence was adduced on the side o...
Tag this Judgment!United India Insurance Company Limited and Another Vs. Smt. V. Nagarat ...
Court: Karnataka
Decided on: Jul-24-2000
Reported in: I(2001)ACC579; 2001ACJ1632; ILR2000KAR4618; 2001(1)KarLJ462
1. This appeal is directed against the judgment and award dated 10-6-1996 passed by the Additional District Judge of Motor Accident Claims Tribunal, Mandya, in MVC No. 93 of 1992, whereby the Tribunal has awarded the compensation to the tune of Rs. 3,39,000/- with interest at the rate of 6% p.a. from the date of petition till realisation with costs of Rs. 800/-.2. The United India Insurance Company Limited, who was respondent 3 before the Tribunal (appellant 1 herein) has come up in appeal before this Court.3. This appeal has been filed by the Insurance Company joining the owner of the vehicle also and effort has been made to contend that the finding to the effect that the accident which resulted in the death of Sri A. Syamasundar, was the result of contributory negligence and therefore the award is liable to be set aside.4. We have applied our mind to the contention raised by the learned Counsel for the appellants. This contention is not at all open to the appellants. Even the perusal...
Tag this Judgment!In Re:apsara theatre, Bijapur
Court: Karnataka
Decided on: Jul-24-2000
Reported in: AIR2000Kant389; ILR2000KAR2760; 2001(2)KarLJ129
ORDER1. The petitioner has lodged the present caveat petition purporting to be under Section 148-A of the Code of Civil Procedure. 1908 (in short the 'Code'), read with Rule 39 of Part IV of the Writ Proceedings Rules, 1977 framed by this Court, without showing the name of any person or authority who is likely to file any application seeking any order from this Court adverse to the petitioner's interest. Instead, he has filed a separate application seeking permission to exempt him from issuing any prior notice in terms of Section 148-A(2) of the Code by relying on the judgment of a learned Single Judge in the case of State of Karnataka and Another v Nil .2. The learned Single Judge in the case of State of Karnataka, supra, after referring to sub-sections (1) and (2) of Section 148-A of the Code and keeping in view the prayer made by the caveator that despite nondisclosure the name of the applicant likely to file an application for seeking interim order against the caveator has held tha...
Tag this Judgment!Dr. B. Kumar and Others Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Jul-24-2000
Reported in: ILR2000KAR3187; 2000(6)KarLJ296
ORDER1. The petitioners have filed these petitions praying for a writ of certiorari quashing Orders No. HFW 109 HS 96, dated 6th March, 1996 and No. HFW 109 PTD 96, dated 2-5-1997, produced at Annexure-D and F respectively, and for a writ in the nature of mandamus directing the respondents to relieve respondent 3 forthwith and initiate action for filling up the post of Director strictly in accordance with the rules and regulations of the Institute.2. The facts leading to the filing of these writ petitions, briefly stated, are as follows:Jayadeva Institute of Cardiology ('the Institute' for short) was established and registered as a society under the Karnataka Societies Registration Act with the sole objective of providing comprehensive care to cardiothoracic patients. The Governing Council is the Supreme Authority vested with the power to function within the framework of the memorandum of association, rules and bye-laws of the Institute. During December 1995 a notification dated 11-12-...
Tag this Judgment!United India Insurance Company Limited Vs. D.C. Rajanna and Another
Court: Karnataka
Decided on: Jul-24-2000
Reported in: I(2001)ACC673; 2001ACJ425; ILR2000KAR3443; 2000(6)KarLJ638
1. This is the insurer's appeal questioning the quantum of compensation awarded by the Claims Tribunal and VII Additional Judge, Court of Small Causes, Bangalore City, in MVC No. 2109 of 1995, dated 31-3-2000 only insofar as it relates to award of compensation on the heading 'loss of future earnings'.2. In the road accident that took place on 6-12-1994 between the scooter and an autorickshaw, the petitioner-Sri D.C. Rajanna suffered with fracture of both bones of right leg. As a result, the Claims Tribunal awarded a total compensation of Rs. 1,75,000/-. The insurer questioned only the award of compensation of Rs. 1,15,200/- on the heading insofar as it relates to the 'loss of future earnings'.3. Learned Counsel Sri H.G. Ramesh, for the appellant contended that at the time of the accident, the injured was working as Deputy Manager in H.M.T. Therefore, there was no loss of any future earnings and the award of compensation of Rs. 1,15,200/- on the heading 'Loss of future earnings' is not ...
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