Karnataka Court October 2010 Judgments
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Boregowda @ Sannaiah. S/O. Late Ningegowda Vs. H.B.Nanjundappa S/O. Ba ...
Court: Karnataka
Decided on: Oct-27-2010
1. This appeal by the claimant is directed against the impugned judgment and award dated 8"' June 2005. passed in M.V.C.No.71/2002. by the learned Civil Judge(Sr.Dn) and Additional Motor Accident Claims Tribunal, Arsikere, (for short, Tribunal) for enhancement of compensation on the ground that, the compensation of 5,000/- awarded in his favour as against his claim for 05.00 lakhs, is inadequate.2. We have heard learned counsel for appellant and learned counsel for Insurer for quite some time.3. After hearing the learned counsel for the parties and after perusal of the impugned judgment and award passed by Tribunal, we find that the occurrence of accident and the resultant injuries sustained by appellant are not in dispute. As per the Wound Certificate. Ex.P4. the appellant has sustained multiple abrasions on right side of the back, abrasion on left knee, abrasion on right ring finger which are all simple in nature. On account of the said injuries, he has taken treatment at J.S.S. Hosp...
Rameshchand, S/O.Sri.G.H.Hirachand Vs. Jeevan Kumar, S/O.Late Thangara ...
Court: Karnataka
Decided on: Oct-27-2010
1. This appeal is directed against the order dated 13.07.2010, passed by the XXXVIII Additional City Civil Judge, Bangalore, in O.S.No.5400/2008 on I.A.No.2.2. By the impugned order, the Trial Court has allowed I.A.No.2 and has restrained the appellants from changing the nature and character of the suit schedule property.3. Aggrieved by that, the appellants-defendants have filed this appeal.4. This Court had. Granted stay on 22.9.2010 for a period of three weeks and thereafter, it has been continued from time to time till 21.10.2010.5. Today, the learned counsel for the appellants has filed affidavit of the first appellant on behalf of the appellants along with the photographs. The; photographs show the existence of the structure as on today in the suit schedule property. It is stated in the affidavit, that the appellants have completed the ground fixer and the first floor has reached the molding level and the appellants undertake not to finish the first floor and construct the second ...
Kumari Prathiba D/O. Thippeswamy Vs. Bharath R Chudsma, S/O. Rathical ...
Court: Karnataka
Decided on: Oct-27-2010
1. This appeal is by the claimant for enhancement of compensation awarded by the Tribunal.2. For the sake of convenience parties are referred to as they are referred to in the claim petition before the Tribunal.3. Brief facts of the case are:That on 11.01.2007, when the claimant was proceeding on motor cycle bearing registration No. KA-27/K-1224 as pillion rider, near Kunduwada cross near Sai International Hotel on P.B. Road another motor cycle bearing registration No. KA017/U-6425 came in a rash and negligent manner and dashed against the motorcycle in which Claimant was proceeding, as a result, she fell down and sustained grievous injuries. Hence, she filed a claim petition before the MACT, Davangere, seeking compensation of Rs.3,50,000/-. The Tribunal by impugned judgment and award has awarded compensation of Rs. 1,22,000/-with interest at 6% p a.4. As there is no dispute regarding occurrence of accident, negligence and liability of the insurer of the offending vehicle, the only poi...
Rajesh S/O Nagendra Setty Vs. the Manager Oriental Insurance Co. Ltd. ...
Court: Karnataka
Decided on: Oct-27-2010
1. This is claimant's appeal seeking enhancement of compensation awarded in MVC.No. 195/2004 on the file of MACT, Chitradurga. "he fact that claimant met with an accident on 12.10.2003 at about 12.15 a.m., while traveling on his TVS Moped on N.H.4 near Harihar, the said accident is caused by the driver of lorry bearing No.HR.38/9777 belonging to 1st respondent insured with 2nd respondent are not in dispute. In the claim petition filed, the court below on appreciation of the oral and documentary evidence available on record has awarded compensation to the claimant in a sum of Rs.70.315/- with interest at 6% p.a., from the date of petition till date of realization as follows:1) pain and suffering, mental agony & mental shock Rs.25.000/-2) medical expenses Rs.36.015/-3) attendant & nourishment charges Rs. 1,500/-4) loss of income Rs. 4,800/-5) loss of comforts Rs. 3.000/-Being aggrieved by the same the claimant is before this court seeking enhancement of i he same.2. This court on going t...
The Managing Director Ksrtc Vs. Sri Daljeet Singh Rand Hava
Court: Karnataka
Decided on: Oct-27-2010
1. Admit.2. These two appeals arise out of the very same impugned judgment and award dated 24.07.2006 passed hi MVC Nos.7669 of 2004 on the file of the learned Judge, Court of Small Causes, Additional Motor Accidents Claims Tribunal, Mysore (hereinafter referred to as Tribunal' for brevity), The Tribunal by its impugned judgment and award, awarded a sum of Rs 2,17.000/ -with interest at 7% p.a. as against the claim of the claimant for Rs. 10,50,000/- on account of the injuries sustained in the road traffic accident.3. The brief facts of the case are:"The claimant was aged about 25 years, driver by avocation and getting a salary of Rs.4,000/- p.m. He was hale and healthy prior to the accident,. That on, 15.10,2004 at about 1.45 p.m., when he was driving the jeep bearing registration No.CC-04 4738 from Bangalore to Tumkur, and reached K3D Factory on NH - 4, the bus tearing registration fo.KA-17 F-542 came from Tumkur with high speed in rash and negligent manner and dashed against the Jee...
Ramesh S/O. Ramaiah, Vs. M/S. the Oriental Insurance Co., Ltd.
Court: Karnataka
Decided on: Oct-27-2010
1. This appeal is by the claimant tor enhancement of compensation awarded by the Tribunal.2. Heard. The appeal is admitted and with the consent of learned Counsel appearing for the parties, it is taken to for final disposal.3. For the sake of convenience parties are referred to as they ore referred to in the claim petition before the Tribunal.4. Brief facts of the case are:That on 2-2-07, when the claimant was a pillion rider along with his friend in TVS XL Heavy Duty bearing registration No.KA-43-E-4913 on Doddaballapur - Nelamangala road, near Kadnur Kaimar cross road, a Tempo bearing registration No. KA-43-462 came in a rash and negligent manner and dashed against their motor cycle. As a result, the claimant fell down and sustained injuries. Hence, he filed a claim petition before the MACT, Bangalore seeking compensation of .4,00,000/-. The Tribunal by impugned judgment and award has awarded compensation of .2,12.200/- with interest at 66 p.a. Aggrieved by the quantum of compensatio...
Smt.Gowramma W/O Late R. Ramaiah Vs. Manager M/S Rajiv'i Ravels Owner
Court: Karnataka
Decided on: Oct-27-2010
1. This is claimants appeal seeking enhancement of compensation awarded for the death of Jagadeesha in a motor accident, which took place on 13.7.2004 at about 9.00 p.m. The fact that deceased Jagadeesha, who was riding the motor cycle bearing NO.KA.32/K.6382 was hit by lorry bearing No.KA.34/6565 near KEB Office, Bellary, as a result said Jagadeesha died are not in dispute.2. Thereafter, his mother and sister have filed claim petition seeking compensation in a sum of Rs.5,00,000/-. The court below after recording evidence, on appreciation of the oral and documentary evidence available on record has awarded compensation to the claimants in a sum of Rs.2,12,200/- with interest at 6% p.a., from the date of petition till date of realization.3. On re appreciation of the facts and also oral and documentary evidence available on record, this Court is of the opinion that the compensation awarded by court below is just and reasonable and does not call for enhancement in this appeal.4. Accordin...
Devanna Naika S/O. Sanna Naika Vs. Cholamandalam Ms General Insurance ...
Court: Karnataka
Decided on: Oct-27-2010
1. This appeal is by the claimant for enhancement of compensation awarded by the Tribunal.2. Heard. The appeal is admitted and with the consent of learned Counsel appearing for the parties, it is taken up for final disposal.3. For the sake of convenience parties are referred to as they are referred to in the claim petition before the Tribunal.4. Brief facts of the case are:That on 13-5-06, when the claimant was riding his two wheeler M-80 towards Hebri from Seethanadi to go to the Government Hostel at Hebri, where he was working as a cook, at that time near Chandukundu on Hebri - Someshwara State Highway, a car bearing registration No.KA-05-MD-560 came in a rash and negligent manner and dashed against his vehicle. As a result, the claimant fell down and sustained injuries. Hence, he filed a claim petition before the MACT, Karkala, seeking compensation of 15,00,000/-. The Tribunal by impugned judgment and award has awarded compensation of .45,673/- with interest at 6% p.a. Aggrieved by ...
V Umesha S/O Vishwanath Gowda Vs. Prasanna Kumar S/O.Ramaiah and ors
Court: Karnataka
Decided on: Oct-27-2010
1. This is a claimant's appeal against the judgment and award dated 19.8.2006 passed in MVC No.317/2000 on the file of the Addl. District Judge and M.A.C.T, Chickmagalur.2. Heard.3. Both sides do not dispute the fact that the appellant herein suffered fracture of left hummers in a motor vehicle accident at 11.30 a.m. on 26.5.1999 involving a bus bearing No. KA-18/A -3516. It is alleged that the accident was as a result of the negligent driving of the bus driver. Soon after suffering injuries, he was rushed to Manipal Hospital, where he underwent surgery and remained inpatient till 4.6.1999. For repair of the fractured bone, he underwent surgery and doctors have implanted rods and screws to reduce the fracture. He was advised rest. He claims he spent Rs.50,000/- towards medical expenses and attendant charges. The Tribunal having accepted his case regarding sufferings, injuries and negligence of the driver, has awarded Rs. 15,000/- towards pain and suffering and Rs.6,000/ towards loss of...
Union of India and ors Vs. M/S. Ravi Construction Company and ors
Court: Karnataka
Decided on: Oct-27-2010
1. The Union of India is challenging the legality and correctness of the order passed by the VI Additional City Civil Judge, Bangalore dated 18th January 2006 passed in A.C.No.52/1996, A.C.No. 10009/1996 and also in A.C.No.51/1996 and A.C No. 10008/1996.2. Though in these appeals, the appellant Union of India is challenging the finding of the court below on all the issues, at the time of arguments, learned counsel for the appellant has restricted the claim of the appellants only in regard to the legality and correctness of the interest awarded by the Arbitrator during the pendency of the arbitration proceeding and the interest payable from the date of award. The Arbitrator has awarded interest pendent lite at 18% p.a. and at the same rate, the interest is awarded from the date of award till the date of payment, it is also submitted by the learned counsel for the appellant that Union of India has paid the entire principal amount and interest pendent lite and future interest at 9% p.a. ...
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