Karnataka Court February 2003 Judgments
Muninanjappa Vs. the Managing Director, Karnataka State Road Transport ...
Court: Karnataka
Decided on: Feb-25-2003
Reported in: 2005ACJ1416; 2003(4)KarLJ132
S.B. Majage, J.1. The appellant, who was claimant in M.V.C. No. 3012 of 1995 on the file of the Court of Motor Accident Claims Tribunal (SCCH-2) at Bangalore City, has approached this Court requesting to enhance the amount of compensation awarded by the Tribunal and also to hold that he had not contributed to any extent for the accident.2. Heard the learned Counsels appearing for the parties. It is submitted for the claimant that the Tribunal committed an error in holding that he also contributed for the accident, in which he has sustained injuries, and also in awarding less compensation. On the other hand, the learned Counsel for the Corporation supported the impugned judgment and award. Perused the records carefully.3. The facts giving rise to the present appeal are that the claimant, who was admittedly travelling in bus bearing No. MEF 275 on its footboard at about 7.30 p.m. on 21-10-1995, sustained injuries when he fell out of the said bus while in motion, for which he took treatme...
Tag this Judgment!Smt. Rajamani and ors. Vs. K. Ravindra and anr.
Court: Karnataka
Decided on: Feb-25-2003
Reported in: 2005ACJ251; 2003(4)KarLJ114
K.L. Manjunath, J.1. These two appeals are arising out of a road traffic accident caused by the driver of the vehicle bearing No. TN 27/Y 4804 on 5-11-1996 at about 9 a.m. near Jangalapalya on Bannerghatta-Anekal road.2. The appellants in the first appeal are the legal heirs of one Raman who was aged about 45 years and died in the accident. The appellants in the second appeal who are the legal heirs of one Arunachalam who was aged about 25 years who also died in the accident. Immediately after the accident both of them were shifted to the hospital and Raman died in the hospital three days after the accident whereas Arunachalam died on the way to the hospital. The Tribunal, after considering the avocation of these two deceased, has held that they were earning a sum of Rs. 50/-per day as wages, out of which 1/3rd has been deducted towards their personal expenses and thereafter has assessed the loss of dependency at Rs. 1,000/- per month. Accordingly, the loss of dependency has been deter...
Tag this Judgment!Vasu Shetty and ors. Vs. Chellu Hengsu and ors.
Court: Karnataka
Decided on: Feb-25-2003
Reported in: 2003(4)KarLJ438
ORDERN.K. Patil, J. 1. The learned Government Advocate accepts notice for respondents 3 and 4.2. I.A. No. 1 of 2002 is filed for condonation of delay of 1171 days in filing the civil petition.3. Heard the learned Counsel appearing for the petitioners and the learned Counsel appearing for respondents 1 and 2 for a considerable length of time.4. The submission of the learned Counsel appearing for the petitioners is that from the date of knowledge, there is no delay in filing the petition. Further, the second petitioner Sri Shekar Shetty has filed in affidavit on behalf of himself and other petitioners, dated 21-11-2002. In para 5 of the said affidavit, the second petitioner has stated thus:'I submit that we were not at all aware of the pendency of the above petition at any point of time earlier. I submit that my mother was not represented by any Advocate and as such we could not learn about the said petition having been dismissed till the last week of September 2002'.In para 5 of the sai...
Tag this Judgment!Chitradurga District Mazdoor Sangh Vs. Bhadra Sahakari Sakkare Karkhan ...
Court: Karnataka
Decided on: Feb-25-2003
Reported in: (2003)IIILLJ300Kant
S.R. Nayak, J.1. This writ petition is preferred by Chitradurga District Mazdoor Sangh, trade union represented by its president calling in question the inaction of the management of Bhadra Sahakari Sakkere Karkhane Niyamita represented by its managing director, first respondent in the writ petition, in implementing the settlement produced as annexure A, dated May 14, 1998, and for a consequent direction to the management to implement the aforementioned settlement.2. The events leading to the filing of the writ petition be noted briefly as under:The services of members of the petitioner-sangha, while serving as daily-wagers, seasonal and regular employees in the establishment of the first respondent-factory, were terminated by the management. The concerned workmen instituted industrial disputes before the Labour Court, Hubli, assailing the above action of the management. When those disputes were pending before the Labour Court, the management in response to several representations made...
Tag this Judgment!President, Chitradurga District Mazdoor Sangh Vs. the Managing Directo ...
Court: Karnataka
Decided on: Feb-25-2003
Reported in: ILR2004KAR536; 2003(5)KarLJ466
ORDERS.R. Nayak, J.1. This writ petition is preferred by Chitradurga District Mazdoor Sangh, trade union represented by its President calling in question the inaction of the Management of Bhadra Sahakari Sakkare Karkhane Niyamita represented by its Managing Director, first respondent in the writ petition, in implementing the settlement produced as Annexure-A, dated 14-5-1998 and for a consequent direction to the management to implement the aforementioned settlement.2. The events leading to the filing of the writ petition be noted briefly as under:The services of members of the petitioner-Sangha, while serving as daily wagers, seasonal and regular employees in the establishment of the first respondent-factory, were terminated by the management. The concerned workmen instituted industrial disputes before the Labour Court, Hubli assailing the above action of the management. When those disputes were pending before the Labour Court, the management in response to several representations made...
Tag this Judgment!Oriental Insurance Co. Ltd. Vs. Shankra Naika and ors.
Court: Karnataka
Decided on: Feb-25-2003
Reported in: I(2006)ACC441
N.K. Patil, J.1. These revision petitions are directed against the common judgment and award dated 5.2.2002 passed by the M.A.C.T. No. II, Bellary, in M.V.C. Nos. 634, 635, 636,637, 638, 639, 640, 641, 646, 648, 679, 680, 567, 681 of 1992, 73 of 1993, 76 of 1993, 568 of 1992, 78 of 1993, 569, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633 of 1992 and 79 of 1993.2. The case of the petitioner Insurance Company is that the respondent No. 2 being the owner of lorry bearing No. KA 25-2059 was carrying more than 40 labourers in the lorry on 17.7.1992 and 42 claim petitions were lodged before the M.A.C.T. seeking compensation for the personal injuries and death. The petitioner got marked Exhs. R-1 to R-6 including the amount deposited by the petitioner in W.C. Nos. 213 of 1996, 214 of 1996 and 26 of 1993 which were lodged by the employees of the owner of lorry. The Tribunal has proceeded to fasten the liability on the petitioner on the sole ground that the occupants were not unauthoris...
Tag this Judgment!Kazi Ataulla Haruni (Dead) by L.Rs Vs. the Assistant Commissioner and ...
Court: Karnataka
Decided on: Feb-25-2003
Reported in: 2004(2)KarLJ583
1. We have heard the appellant's learned Counsel and the learned Government Advocate on merits. In this case, the acquisition which had been undertaken in Sedam town in the year 1973 was the subject-matter of the reference before us. The Special Land Acquisition Officer had awarded a sum of Rs. 700/- per acre as compensation by virtue of his award dated 31-1-1979. The appellant had prayed for an enhancement at the rate of Rs. 157- per sq. yard or Rs. 72,600/- per acre. The learned Civil Judge after a detailed consideration awarded Rs. 10,000/- per acre along with statutory benefits. In the present appeal that has been directed against that order the prayer is that the compensation be stepped upto Rs. 1.06 lakhs per acre with statutory benefits and the principal justification that has been pleaded is that there can be no better parameter for the Court to have used than the price at which these very plots were sold by the authorities. To that extent, this is a rather unusual case and we ...
Tag this Judgment!Manager, Oriental Insurance Co. Ltd. Vs. Shankra Naika and ors.
Court: Karnataka
Decided on: Feb-25-2003
Reported in: 2004ACJ1753
N.K. Patil, J. 1. These revision petitions are directed against the common judgment and award dated 5.2.2002 passed by the M.A.C.T. No. II, Bellary, in M.V.C. Nos. 634, 635, 636, 637, 638, 639, 640, 641, 646, 648, 679, 680, 567, 681 of 1992, 73 of 1993, 76 of 1993, 568 of 1992, 78 of 1993, 569, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633 of 1992 and 79 of 1993.2. The case of the petitioner insurance company is that the respondent No. 2 being the owner of lorry bearing No. KA 25-2059 was carrying more than 40 labourers in the lorry on 17.7.1992 and 42 claim petitions were lodged before the M.A.C.T. seeking compensation for the personal injuries and death. The petitioner got marked Exhs. R-1 to R-6 including the amount deposited by the petitioner in W.C. Nos. 213 of 1996, 214 of 1996 and 26 of 1993 which were lodged by the employees of the owner of lorry. The Tribunal has proceeded to fasten the liability on the petitioner on the sole ground that the occupants were not unauthor...
Tag this Judgment!M. Krishnappa Vs. State Bank of India Rep. by Its Chairman and anr.
Court: Karnataka
Decided on: Feb-24-2003
Reported in: ILR2003KAR1676; 2004(3)KarLJ37; (2003)IIILLJ1137Kant
ORDERVishwanatha Shetty, J. 1. Though posted in Orders list, with the consent of the learned Counsel appearing for the Parties, this petition is taken up for final hearing and disposed of this by Order.2. The petitioner in this petition is a Senior Assistant working in the establishment of the 1st Respondent-Bank. The petitioner, when he initially joined the Bank he had passed only Pre-University Course examination. However, during the course of his employment, after obtaining the permission from the 1st respondent-Bank, he appeared for Master of Arts Post-graduation degree examination conducted by the University of Mysore under Open University Scheme and obtained Post-graduation degree on 8th March 1990. Open University Scheme is the scheme introduced by the University of Mysore to enable such of those persons who are desirous of obtaining post-graduation degree even without attending the classes or completing the Bachelor's Degree. After obtaining the post-graduation degree, the peti...
Tag this Judgment!T.H. Lakshmanprasad Vs. Md. Iqbal since deceased by LR's and Ors.
Court: Karnataka
Decided on: Feb-24-2003
Reported in: ILR2003KAR1551; 2003(5)KarLJ116
ORDERShylendra Kumar, J.1. This Revision Petition though coming up for admission, with the consent of learned Counsel for the parties the same is taken up for final disposal.2. The Revision Petition is directed against the interim order passed by the Trial Court in a pending HRC 494/1997.3. Petitioner landlord in the eviction petition is aggrieved by the order dated 3.8.2002 whereby the Trial Court allowed IA 13 which was an application that had been filed by the respondent tenant therein under the provisions of Order 26 Rule 9 CPC praying for appointment of a Commissioner for taking measurement of the petition schedule premises.4.The application in itself had been filed following a memo that had been filed by the respondent tenant as on 16.3.2002 praying for dismissal of the HRC case on the premise that the schedule premises is one which measures an area in excess of 150 sq.ft. being of the measurement 25' x 14' and the plinth area being beyond 150 sq. meters provisions of the Karnata...
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