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Karnataka Court October 2010 Judgments

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Oct 27 2010

Divisional Manager, Oriental Insurance Co. Ltd. Vs. Smt.H S Manjula, W ...

Court: Karnataka

Decided on: Oct-27-2010

1. This appeal is by the Insurance Co. with which lorry bearing Regn. No.KA-16/9566, which was involved in the accident that occurred on 24.1.2007 was insured.The appellant - Insurance Co. has challenged the correctness of the impugned Judgment and Award dated 28.2.2009 passed in MVC No 432/2007 by trie learned Civil Judge (Sr.Dn.) and MACT. Holalkere (hereinafter referred to as Claims Tribunal' for short).2. Though this appeal is listed today for admission since only the quantum of compensation awarded in favour of claimant Nos.1 to 4 in the said case is challenged, it is taken for final disposal by consent of both the sides and their arguments are heard. Perused the impugned Judgment and Award.3. Learned counsel for the appellant strongly contends that the Claims Tribunal committed error in taking the income of the deceased at Rs.250/- per day despite there being the evidence of PWI that 14 acres of land were held by the deceased jointly with his brother and therefore the amount of c...


Oct 27 2010

Kumari Revathi S.Kumar, D/O. Late M.N. Sampath Kumar, and ors Vs. the ...

Court: Karnataka

Decided on: Oct-27-2010

:1. This appeal by the appellants is directed against the impugned common judgment and award dated 04/04/2005 passed in MVC No. 1/2001 by the XVIII Additional Judge and Motor Accidents Claims Tribunal-IV, Court of Small Causes. Bangalore (SCCH-4). (Hereinafter referred to as Tribunal' for short).2. The Tribunal by its judgment and award has awarded a sum of ^3.99,000/- under different heads with interest at 6% per annum from the date of petition till the date of deposit, as against the claim of the appellants for a sum of ?20.00,000/-. On account of the death of the deceased Smt. M.P.Jayashice. in the road traffic accident.3. In brief the facts of the case are:The appellant Nos.1 and 2 are the minor children, they are represented by their guardian, grand-father appellant Mo.3. father in law of the deceased Smt. M.P. Jayashree and they have filed a claim petition before the Tribunal under section 166 of M.V. Act, claiming compensation of 20.00,000/-, on account of the death of the decea...


Oct 27 2010

V N Jayaram S/O. Narayanappa Vs. Acmo Co-operative Society Limited and ...

Court: Karnataka

Decided on: Oct-27-2010

1. This appeal is by the claimant seeking enhancement of compensation.2. For the sake of convenience parties are referred to as they are referred to in the claim petition.3. Brief facts of the case are:That on 11.12.2005 the claimant boarded BMTC bus bearing registration No.KA-B-5316 from Lalbagh Siddapura and got down at Kalasiplya main road near Annapoorna Hotel, while so going due to the rash and negligent manner of driving of the bus by its driver it caused accident and as a result he has sustained bleeding injuries all over the body. Hence he filed a claim petition before MACT, Bangalore seeking compensation of 15,00,000/- and the Tribunal has awarded compensation of 5.41.113/- with interest at 6% p.a.4. As there is no dispute regarding occurrence of the accident, negligence and liability of the BMTC the only point that remains for consideration is:Whether the compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?5. After hearing the learned C...


Oct 27 2010

M B Rudramuni Vs. Shankarappa Desai Properties

Court: Karnataka

Decided on: Oct-27-2010

1. This appeal Is by the complainant challenging the order aquttal of the respondent accused dated 13.10.2009, XIII Addl CMM, Bangalore, in CC No. 1019/2008.2. According to the complainant he is doing the business of Micro Nutrient Fertilizers in the name of Rrishnarjuna Agra Chemicals, The respondent - accused who is one of his customers and also a dealer in Seeds and Fertilizers. Used in purchase fertilizers, pesticides, micronutrients etc., both on cash and credit basis. Initially, the accused was prompt in became due in a sum of Rs.3,70,252/-, Towards repayment of the said due, the accused had issued a cheque 1.10.2007 drawn on Thungabadra Grameena Hawmil a of the cheque to the Bank, it was dishonored with a shara Thawer's signature differs from specimen given', In this regard, the complainant issued a legal notice to the accused to make payment. The notice issued came to be returned as not claimed, thereafter, a case was filed. The Trial Court opining that the signature on the ch...


Oct 27 2010

Dyavamma @ Thangyamma W/O Late Sannappa and ors Vs. the State of Karna ...

Court: Karnataka

Decided on: Oct-27-2010

ORDER1. The petitioners are arrayed as accused No.2 to 4 in Crime No.329/2010 registered for offences punishable under Sections 498A, 302, 304-B r/w 34 l.P.C.2. The first petitioner is the mother of first accused. The second petitioner is the brother of the first accused. The third petitioner is the wife of second petitioner. The first accused had married deceased Mamatha. Thereafter, she was living in the house of the first petitioner and accused. On 17.8.2010, the dead body of Mamatha was found in the field. The father of deceased suspected that his daughter was done to death by the first accused and lodged first information on 28.8.2010 against the first accused.3. Heard the learned Counsel for petitioner and learned Government Pleader and I have been taken through investigation records.4. In the inquest report, it is suspected that the deceased might have committed suicide. In the postmortem examination report, the opinion as to the cause of death is kept pending awaiting the repor...


Oct 27 2010

Oriental Insurance Co. Ltd. Vs. Smt. Lakshmi Bai /O Kokeshnaika and an ...

Court: Karnataka

Decided on: Oct-27-2010

1. This appeal is by the Insurance Company with which the motor cycle bearing registration No.KA 06-K-3902 involved in the accident that occurred on 21.02.2002 was insured. The Addl. MACT, Madhugiri, District Tumkur (hereinafter referred to as 'Claims Tribunal' for short) by its impugned Judgment and Award dated 24.03.2005 passed in MVC No.546/2002 has awarded in favour of the respondent-claimant, a total compensation of Rs.2,09,150/- with interest thereon at the rate of 8% per annum from the date of petition till the date of actual payment payable by the appellant insurer. The appellant-insurer has challenged in this appeal this quantum of compensation awarded in favour of the respondent-claimant.2. Though this matter is listed today for admission, having regard to the nature of the award and other facts and circumstances of the case, it is taken for final disposal and arguments of Sri.Arun Ponnappa, learned Counsel for the appellant insurer are heard. The first respondent, the claima...


Oct 27 2010

Narasamma S/O. Muniyappa Vs. Arun RungatA. S/O Sambhunath and anr

Court: Karnataka

Decided on: Oct-27-2010

CONCILIATION ORDER1. The learned counsel for the appellant and the representative of Insurance Company - Respondent along with its counsel are present.2. After prolonged negotiations, the matter is settled. The Appellant-Claimant has agreed to receive and the Respondent -Insurance Company has agreed to pay a lump sum of Rs.40,000/-(Rupees Forty Thousand only) infusive of inter Este, in addition to what has been awarded by the Tribunal, In full and final settlement of the claim. A joint Memo is filed on behalf of the parties to this effect.3. The Respondent- Insurance Company has agreed to deposit the said amount before the Tribunal, within Six weeks from the late of preparation of Award failing which the said amount shall carry interest at the rate of 9% p.a. from the date of default, till the date of deposit.4. This miscellaneous first appeal stands disposed of in terms of the Joint memo The award of the Tribunal shall stand modified accordingly. Draw up the Award accordingly"...


Oct 27 2010

State of Karnataka, Vs. Nagamalla S/ O NinganaikA. and anr

Court: Karnataka

Decided on: Oct-27-2010

JODOMEKT1. Being aggrieved by die judgment dated 24.09.2004 passed by the 2 Additional Special Judge, Mysore in Special Case No.77/2001 acquitting the respondents of the offence under Sections 366, 376 and 506 IPC and under Sections 3(i)(xu) & 3 (2)(v) of Schedule Caste/ Schedule Tribe (Prevention of Atrocities) Act, 1989, the State has filed this appeal,2. It is the case of the prosecution that on 20.10.2000 at 8.00 a.m. in Berambadi Village of Gundlupete Taluk, the accused abducted CW-13. CHA5W/2005 Smt.Puttasiddainma @ Sannathayamma and CW-2 Smt.Kanakamma, with an intention to have illicit intercourse with them and thereby they h&VB; committed an offence under Section 366 IPC. Secondly on the above said date and time at Paduvala forest area at Gundlupete Taluk, accused No. i committed rape on CW-1 Puttasiddamma and A2 committed rape on CW-2 Kanakamma and thereby they are alleged to have committed offence under Section 376 IPC. It if further alleged against them that at the said plac...


Oct 27 2010

Anees Khan @ Anees, S/O. Rehman Khan and ors Vs. the State of Karnatak ...

Court: Karnataka

Decided on: Oct-27-2010

ORDER1. The appellants have challenged their conviction and sentence for the offence punishable under Sections 255, 256, 257, 258, 25S, 260, 420, 467, 468, 471, 472, 473 and 475 r/w. Section 120-B IPC and under Section 63(b) of the Karnataka Stamp Act, 1957 r/w. Section 120-B IPC and under Section 120-B IPC on a trial held by the City Civil and Sessions Judge, Special Judge [Special Court], Bangalore, to try the fake stamp paper cases2. I am referring the parties herein as per the rank before the trial court for the purpose of convenience. The appellants herein are accused Nos.1, 2, 4 and 5 respectively before the trial Court and they were charge sheeted for the offences punishable under Sections 255 to 260, 420, 467, 468, and 471 to 475 r/w. Section 120-B IPC and under Section 63(b) of the Karnataka Stamp Act, 1957 r/w. Section 120-B IPC and under Section 120-B IPC.3. After framing the charge, evidence was recorded and on appreciation of the evidence on record, the trial court held th...


Oct 27 2010

Suit. Mangamma W/O Sri Yellappa Vs. Sri Bharath Lal Meena

Court: Karnataka

Decided on: Oct-27-2010

ORDERJ.S.Kheliar. C.J. (Oral)1. The complainant/petitioner had approached this Court, by filing Writ Petition No. 18743/2009. The aforesaid writ petition was disposed of, by an order dated 10.12.2009. The operative part of the aforesaid order is contained in paragraph 3 thereof. Paragraph 3 of the order dated 10.12.2009 is being extracted hereunder:"3. As the petitioner has filed application for allotment of alternative site in pursuance of the judgment of this Court cited supra, the respondent -Bangalore Development Authority has to consider the same in accordance with law. Accordingly, the respondent BDA is directed to consider the application filed by the petitioner in accordance with law within three months from the date of receipt of this order."2. Learned counsel for the accused/respondent slates, that the direction issued by this Court, in its aforesaid order dated 10.12.2009, has been complied with, by issuing an endorsement dated 8.2.2010. Photocopy of the aforesaid order is t...


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