Karnataka Court October 2009 Judgments

Prof. K. Rajaiah S/O. Kodandarama Naidu and Smt. Swarnalatha W/O. Prof ...

Court: Karnataka

Reported in: 2009(4)KCCR3132(DB).

N.K. Patil, J.1. This appeal by the claimants is directed against the judgment and award dated 18th November 2005, passed in M.V.C. No. 1835/2002, on the file of the Motor Accident Claims Tribunal, Bangalore ('Tribunal' for short) for enhancement of compensation on the ground that, the compensation of Rs. 4,65,000/- with 7% interest awarded in favour of the claimants appellants as against their claim for Rupees One Crore is Inadequate, particularly, so far as the compensation awarded towards loss of dependency is concerned.2. The claimants appellants are parents of the deceased son Sujay Krishna. He was aged about 21 years as on the date of the accident and was a B.E. graduate in Mechanical Engineering. That on the most unfortunate date, i.e. on 27-11-2001, at about 7:55 hours, the deceased was a pillion rider of the Motor Cycle bearing Registration No. KA-02/W-2209 being driven by his friend and was proceeding towards Engineers Study Circle at Sabari complex, Residency Road. When they...

Sri Yogananda @ Ananda, S/O. Sri Hanumantharaya Vs. Sri V. Rajagopal, ...

Court: Karnataka

N.K. Patil, J.1. This appeal by the claimant is against the common judgment and award dated 4th June 2005, passed in M.V.C. No. 5627/2004, on the file of the Motor Accident Claims Tribunal at Bangalore ('Tribunal' for short) for enhancement of compensation on the ground that, the compensation of Rs. 1,12,500/- awarded in favour of the claimant appellant as against his claim of Rs. 05.00 lakhs, is inadequate.2. The appellant claims to be an Assistant Computer Operator, aged about 26 years as on the date of the accident and drawing monthly salary of Rs. 5,308/-. That on 22-05-2004, at about 7:30 P.M. the appellant was riding the Yamaha Motor cycle bearing No. CKN-3664 along with the pillion rider, very cautiously on the left side of the road by observing traffic rules. When he came near Kajikallahalli Gate, a Hero Honda bearing Registration No. KA-07/H-9091 being driven by its driver in a rash and negligent manner dashed against the appellant. On account of the same, the appellant as wel...

Ravindra Kumar Vs. Renuka and anr.

Court: Karnataka

Reported in: ILR2009KAR4325

ORDERA.S. Pachhapure, J.1. The petitioner who is the husband of the first respondent herein has filed this revision challenging the order granting maintenance of Rs. 5,000/- to the first respondent and Rs. 3,000/- to the second respondent.2. The facts relevant for the purpose of this revision are as under:I will be referring the parties as per their rank before the Trial Court for the purpose of convenience.The respondents herein are the petitioners before the Family Court and they submitted an application Under Section 125 Cr.P.C. requesting for maintenance of Rs. 5,000/- per month for the first petitioner and Rs. 3,000/- per month for the second petitioner against the respondent/petitioner herein. It is averred that the marriage between the petitioner and the first respondent was solemnized about 12 years prior to the petition and she also alleged that there was refusal and neglect on the part of the respondent in maintaining them. Further more, it is averred that the respondent is a...

The Oriental Insurance Company Limited, Shimoga Branch Through Its Reg ...

Court: Karnataka

ORDERB. Sreenivase Gowda, J.1. The appeal is filed by the appellant - Insurance Company, challenging the quantum of compensation awarded by the Commissioner for Workmen's Compensation, Shimoga Dist. Shimoga, (hereinafter referred to as 'Commissioner').2. For the sake of convenience, parties axe referred to as they are referred to in the claim petition before the Commissioner.3. The brief facto of the case are.On 20/2/2002 when the claimant was working at a Cleaner in the lorry bearing Regn.No.KA. 14/5050 belonging to the 2nd respondent herein, the lorry met with an accident and as a result, he sustained injuries. Therefore, he filed a claim petition before the Commissioner, seeking compensation and the said claim petition was resisted by the Insurance Company by filing statement of objections.The claimant in support of hic case examined himself as P.W.1 and the Doctor) who treated him as P.W.3. He has produced about 9 documents, which are marked as Exs.P.1 to P.9. The Insurance Company...

Albert Mohanraj S/O. Late V. Sundarraj Vs. the State of Karnataka by I ...

Court: Karnataka

Reported in: ILR2009(4)Kar4555

ORDERRam Mohan Reddy, J.1. The petition though listed for preliminary hearing, with the consent of the learned Counsel for the parties, is finally heard and disposed of by this order.2. The petitioner Revenue Inspector in the respondent- BBMP having retired from service on attaining the age of superannuation on 31.5.2006, was declined pensionary benefits by endorsement dated 15.12.2007, which when called in question in W.P. No. 1753/08, a learned single judge by order dated 26.9.2008 Annexure-A quashed the endorsement and directed the BBMP to settle the pensionary benefits, in accordance with law, within three months therefrom. The respondent BBMP, by order dated 25.5.2009 Annexure-B settled the pensionary benefits by making payment of Rs. 8,37,001/- on 14.5.2009, without interest for the period from 1.6.2006 to 14.5.2009 leading to a representation dated 10.7.2009 Annexure-C calling upon the BBMP to pay interest on the said sum followed by a reminder dated 28.7.2009 Annexure-D. The re...

Dr. K.S. Jayanthi Wife of Late S. Prakash, Retired Medical Superintend ...

Court: Karnataka

Reported in: 2009(6)KarLJ662

ORDERAnand Byrareddy, J.1. These petitions are heard and disposed of together as they involve an identical issue.2. The petitioner in WP 16129/2009 was initially appointed as an Assistant Surgeon in the year 1978 in the Department of Health and Family Welfare Services. She was later deputed to the office of the second respondent in the year 1984. It is her case that she was absorbed in the Bangalore City Corporation with effect from the year 1990. This was endorsed by the Bruhal Bangalore Mahanagara Palike (hereinafter referred to as 'BBMP'' for brevity), by an order dated 12.4.1991.This petitioner was promoted as a Medical Superintendent in the month of October 2003. The petitioner retired from service as Medical Superintendent on attaining the age of superannuation on 31.7.2007. It is her case that she has served for a total period of 29 years 3 1/2 months.It is the petitioner's case that the petitioner is entitled to all pensionary benefits counting her service from 16.3.1978 to 31....

P. Muthu Pandy S/O. V. Paraman, Executive Chief Grade-i, the Grand Ash ...

Court: Karnataka

ORDERAnand Byrareddi, J.1. These petitions are heard and disposed of together having regard to the common circumstances involved.2. In the first of these petitions the facts are as follows:The Indian Tourism Development Corporation Limited (ITDC for brevity) was established in the year 1996 by the Government of India in the Ministry of Tourism, as an autonomous Public Sector Corporation-incorporated under the Companies Act, 1956. It is a Government Company under Section 617 of the Act.The object of ITDC is to develop the infrastructure to promote tourism in India. It has established a hotel chain known as The Ashok Group. It has hotels in almost all major cities of one India. Hotel Ashok Bangalore is one such. The corporation has secured other Divisions and allied activities. It is not in dispute that ITDC is amenable to the writ jurisdiction of this Court.The Second-respondent is also a Government of India undertaking promoted by ITDC for the purpose of giving effect to a Scheme of De...

Maria Chaya Schupp, a German National Represented by Her Constituted A ...

Court: Karnataka

ORDERAnand Byrareddy, J.1. Heard the Counsel for the parties.2. The facts of the case are as follows:The petitioner is a German national and is said to be residing with her adoptive parents in Germany.The petitioner claims that as a child she was an inmate of the institution known as Society for Sisters of Charity Nirmala Social Welfare Centre, Respondent No. 5 herein. It is a Child Welfare Agency. The petitioner claims that she recollects having grown-up at the said centre. It is said that when the petitioner was six years old, she was given up for inter-country adoption by the Respondent No. 5 - Institution. She is said to have been taken in adoption by Shri Wolfgang Schupp and Smt.Ingrid Schupp of Germany in March 1981. They had taken the assistance of one Smt.Carla Wiedeking and her Adoption Agency M/S Pro Infante, in Germany.The petitioner was 32 years old on the date of the petition and is in search of her biological mother. The petitioner has little information of her birth and ...

Mrs. Elizabeth Connolly (Nee Faithful) Wife of Phelim Connolly Represe ...

Court: Karnataka

ORDERAnand Byrareddy, J.1. Probate Civil Petition No. 4/1989 is tiled in the matter of the last will and testament of Mrs.Hildred Joyce Faithful, by the second executrix named under her will dated 17.11.1987 for grant of probate. Mrs. Faithful is said to have died on 31.10.1988. The petition was admitted on 10.3.1989 and a citation was taken in the English Daily 'Deccan Herald', Bangalore, on 31.3.1989. None had come forward to oppose the grant of probate. Accordingly, by an order dated 16.6.1989, this court had granted probate as prayed for.In July 1990, one Rev. Benjamin Dorairaj tiled a petition under Section 301 and 302 of the Indian Succession Act, 1925 (hereinafter referred to as the 'Act' for brevity) to remove the Executrix on the ground that she was illegally attempting to dispose of the properties of the testatrix, in collusion with certain third-parties. This was registered as Probate CP 4/1990.2. During the pendency of the above, one Lt.Col.Richard Charles Menassae (Retd.) ...

United India Insurance Co. Ltd. Reptd. by Its Divisional Manager Vs. P ...

Court: Karnataka

Reported in: (2009)25VST190(Karn)

ORDERH.C. Ramesh, J.1. In this writ petition, the petitioner/United India Insurance Co. Ltd. is challenging the execution proceeding in Execution No. 57/2004 pending before the Court of the Additional District Judge and Motor Accidents Claims Tribunal, Chikmagalur; the execution proceeding has been filed by respondent No. 1 against the petitioner and respondent No. 2 to execute the award dated 10.10.2003 passed in the claim proceeding in M.V.C. No. 237/2000 awarding a compensation of Rs. 2,00,000/- to respondent No. 1 for the injuries suffered by him in a motor accident that occurred on 19.02.2000.2. I have heard the learned Counsel appearing for the parties. Learned Counsel appearing for the petitioner/Insurance Company submits that no notice of the claim proceeding in MVC. No. 237/2000 referred to above had been issued to the petitioner/insurer and hence in view of Section 149(2) of the Motor Vehicles Act, 1988, it is not permissible in law to execute the award as against the Insuran...