Karnataka Court October 2010 Judgments
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Kum. SumithrA. D/O. R.Venkatesh, Vs. Sri. N.V.Puttalakshmaiah. and anr
Court: Karnataka
Decided on: Oct-27-2010
1. This appeal by the claimant is directed against the impugned judgment and award dated 10th February 2004, passed in M.V.C.No.2325/2001. by the XVI Additional Judge, Member, Motor Accident Claims Tribunal, Bangalore (SCCH-14), (for short, Tribunal') for enhancement of compensation on the ground that. the compensation of 799,375/- awarded in his favour as against his claim for 705.00 lakhs, is inadequate.2. The appellant claims to be aged about 5 years, studying in Nursery and she was hale and healthy prior to the date of accident. That at about 7:30 P.M., on 23-04-2000, when the father of the appellant was standing near the road, at that time, the appellant came from her relatives house by crossing the road, to go to her house, after crossing the road. At that time, a Bus bearing Registration No.TN-32/C-7799 came from Hospete circle in a terrific speed with high speed, in a rash and negligent manner and dashed against the appellant and as a result of the same, she fell down and there...
Annaiah S/O Mayanna Vs. State by Hirisave Police,
Court: Karnataka
Decided on: Oct-27-2010
1. Petitioners 1 & 2 are arrayed as accused No. 1 and 2 in Crime No.94/2010 registered for offences punishable under Section 306 r/w 34 l.P.C.2. Heard the learned Counsel for petitioners and learned Government Pleader for State and I have been taken through investigation records, which would reveal that there were constant quarrels between the petitioners on one side and the first informant and his wife on the other side. It is alleged that on 28.6.2010, the petitioners abused the deceased by using foul language. On 29.06.2010 at about 4.00 a.m., the deceased committed suicide, the cause of which has been attributed to the petitioners. It is alleged that the deceased was disgusted with the behaviour of petitioners and committed suicide.3. From the investigation records including the first information, I find that the allegations made against the petitioners prima-facie do not attract an offence punishable under Sec.306 l.P.C. Therefore. without going into further details, the direction...
K.V.Srinivasa S/O Venkatappa Vs. United India Insurance Co. Ltd., and ...
Court: Karnataka
Decided on: Oct-27-2010
1. This is claimant's appeal seeking enhancement of compensation for the injuries suffered in a motor accident which has taken place on 26.6.2004 at about 4.00 p.m., on ring road. The fact that on ill-fated day the claimant was a passenger in an auto rickshaw bearing No.KA-02/A-7931, which lost control and dashed against foot path thereby causing injury to claimant and the claimant has taken treatment as inpatient in Devegowda hospital for a period of 15 days for the injuries suffered in the said accident is not in dispute. In a claim petition filed, on appreciation of the oral and documentary evidence and pleadings available on record the court below has awarded compensation to the claimant in a sum of Rs. 1,08,500/- with interest at 6% p.a., from the date of petition nil date of realization in the following manner:1) pain and suffering Rs. 15,000/-2) medical expenses, conveyance, attendant charges, nourishment Rs.50,000/-3) loss of income during laid-up period Rs. 13,500/-4) loss of ...
Sri Shanmukhashetty S/O Late Revannashetty Vs. the State of KarnatakA.
Court: Karnataka
Decided on: Oct-27-2010
1. Appeal is by the accused assailing the order of the Prl. Sessions Judge, Hassan in SC 183/2002 on 23.8.2008 According to the prosecution, on 1.7.2002, the Arehalli Police on receiving information, registered a case for the offence under S.307, 324 r/w S.34, IPC against the appellant and other two accused in Crime No.67/2002. PW I is the complainant and has stated that on 30.6.2002 when he had gone to the house of one B S Canapathi - PW 6 around 8.45 p.m. to gel pepper creeper, the said Ganapathi asked the complainant/injured to collect the same next time. On the way back from the house of Ganapathi to his house, the accused have abused the complainant in a filthy language and with previous enmity, in front of the boreweli at Udumonahalli Circle, assaulted him stating that he will not be spared, injuries were caused on the head of PW 1. Later, the injured was taken to the hospital. It is alleged, the Is' accused assaulted with a chopper over the head, right hand and shoulder, the 2nd...
Mr K Kunahamed Vs. Mr Ramesh Hegde, S/O H Bojaraja Hegde
Court: Karnataka
Decided on: Oct-27-2010
1. Appeal is by the complainant assailing the order of the ii Addl. Sessions Judge, Mangalore in Crl.A 280/2006 on 27.6.2007.It is alleged, the accused had purchased building materials worth Rs.2,15,154 from time to time from the complainant and for the balance amount, he had issued cheque for Rs.76.533/- drawn on Bank of Baroda, Udupi Branch on 14.1.2004. The cheque when presented, came to be dishonored for insufficient funds. After issuance of legal notice, case came to be filed against the accused for the offence under S. 138 of the Negotiable instruments Act. So far as service of notice is concerned, it has returned with a shara 'not claimed'. After inquiry, learned Magistrate convicted the accused against which, in the appeal preferred, the appellate court reversed the finding of the trial court. Hence, this appeal Heard the counsel representing the parties.The reasoning given by the appellate court is, there is a reasonable doubt as to alleged debt due from the accused to the com...
Vijayanagar Educational Trust and ors Vs. the Karnataka State Pollutio ...
Court: Karnataka
Decided on: Oct-27-2010
ORDER1. The petitioners - accused have prayed for setting aside the order dated 2 5.2002 passed by the JMFC, Nelamangala, directing -o register a case against the petitioners for the offence punishable tinder Section 44 of Water (Prevention and Control if Pollution) Act, 1974 and also prayed to quash the issuance of summons to the accused, pending before the JMFC in CC No. 165/2002.2. According to the petitioners, they have undertaken the work of construction of the building for the purpose of setting up of a Medical College and a Hospital in a land situated at Lingenahalli Village, Kunigal Road, Nelamangala Taluk, Bangalore Rural District. Without obtaining the requisite consent of the respondent Board contemplated under the provisions of the Water Act, construction work has been under taken by the first petitioner. On its completion and the setting up of the proposed establishment ie. not only likely to diminish the flow of water into the Tippagondanahalli Reservoir but is likely to ...
B.Ravi S/O. Basappa Vs. Jakir HussaIn Sharief, S/O. Amanulla Sharief. ...
Court: Karnataka
Decided on: Oct-27-2010
1. This appeal by (he claimant is directed against the impugned judgment and award dated 30th June 2005. passed in M.V.C.No. 124/2004, by the Learned Civil Judge(Sr.Dn) and Motor Accident Claims Tribunal, Kadur. (for short. Tribunal') for enhancement of compensation on the ground that the compensation of 72.57.621/ awarded in his favour as against his claim for 715.00 lakhs, is inadequate.2. The appellant claims to be aged about 30 years, working as Teacher in Government Higher Primary School, Biragar, Mudigere Taluk, drawing salary of 76,250/- per month. He was hale and healthy prior to the date of accident. That at about 3:15 P.M. on 12-05-2004, when the appellant was proceeding on his motor cycle. Hero Honda Splendor bearing No.KA-18/K-5011, to Tiptur through Sakharayapattana -Banavara Road, on the left side of the road, by observing all the traffic rules and regulations, near Jodivochihally gate, a Mahendra and Mahendra Jeep bearing No.KA-13/M-556 came at high speed, in a rash and ...
C.R.Ravi S/O Rangappa Vs. State by Dudda Police Rep.
Court: Karnataka
Decided on: Oct-27-2010
1. The petitioner is arrayed as accused No.3 in Crime No. 109/2009 registered for offences punishable under Sections 302. 201 r/w. Section 34 of IPC by Dudda police, Hassan District. He has sought for bail.2. Heard learned Counsel for petitioner and learned Government Pleader for the State and I have been taken through investigation records.3. As per the investigation records, accused No.1 had borrowed certain amount from deceased Shanthamma. Who was pestering accused No.1 to return rj, money. Therefore, accused No.1 entered into conspiracy with accused Nos.2 and 3 to do way the life of Shanthamma. Accused No. 1 requested Shanthamma to come to Channarayapatna and took deceased Shanthamma and accused Nos.2 and 3 in his auto rickshaw to nearby Daba, where all of them had food. Thereafter, accused No.1 took deceased in his auto rickshaw to the place of occurrence and accused Nos. 1 to 3 strangulated deceased and threw her dead body into Hemavathi Channel.4. After going through the investi...
Jenny @ Jenny Vijay, S/O Savaridas Vs. State by K.R.Puram P.S.
Court: Karnataka
Decided on: Oct-27-2010
1. This appeal is by the accused challenging the order of conviction and sentence passed by the Fast Track Court No.IX, Bangalore city, in S.C.No.445/2007 dated 21.04.2008.2. According to the prosecution, on 10.11.2006 around 12.00 loon, the accused assaulted P.W.5-Ramya by means of chopper and also assauked P.W.2-Sabitha by chopper when she intervened to rescue P.W.5 and caused grievous injuries to them and threatened the complainant to take away her life.Accordingly, alleging the offences under Section 307, 324 and 506(b) of IPC, the accused had been charge sheeted. The incident is said to have taken place at the staff quarters of Ashwini Nursing Home, Akshayanagar, Bangalore. On receiving the message, the SHO of K.R.Puram police rushed to Ashwini Nursing Home and recorded the statement of the injured in the presence of the Doctor and case has been registered in Crime No.301/2006 for the offences punishable under Sections 307. 324. 506(b) of IPC. Thereafter, on recording the statemen...
N.S.Sitaram S/O. G.Subbaiah Vs. Rajesh S/O. Gopalaiah, and ors
Court: Karnataka
Decided on: Oct-27-2010
1. This appeal by the claimants is directed against the impugned judgment and award dated 25l1' August 2005. passed in M.V.C.No.6/1999. by the Additional Civil Judge(Sr.Dn) and Addl. Motor Accident Claims Tribunal and CJM, Shimoga. (for short. Tribunal' ) for enhancement of compensation on the ground that, the compensation of 72,37,150/- awarded in favour of the claimants as against their claim for 725,72,300/-. is inadequate.2. The facts in brief are that, the appellants 1 and 2 are the parents of the deceased Late Kumari Usha S. Gowrt and appellant No.3 is her brother. They filed the claim petition under Section 166 of the Motor Vehicles Act. Contending that on 25-01-1998. While the deceased Usha S. Gowri was proceeding towards Railway Station as a pillion rider, she met with anaccident on account of rash and negligent driving by the driver of the offending vehicle belonging to second respondent and insured with the third respondent. Immediately she was shifted to Baptist Hospital an...
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