Karnataka Court October 2010 Judgments
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S.Savitha, W/O. Late J.Gopinathan @ Gopi. Vs. Oriental Insurance Co., ...
Court: Karnataka
Decided on: Oct-27-2010
:This appeal by the appellants is directed against the impugned judgment and award dated 28/03/2005 passed in MVC No. 2997/2003 by the 18th Additional Judge, Court of Small Causes and Motor Accidents Claims Tribunal-4, Bangalore (SCCH-4), (hereinafter referred to as ' Tribunal for short). 2. The Tribunal by its judgment and award has awarded a sum of 5.69.000/- 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 claimants for a sum of 10.00.000/-. on account of the death of the deceased J.Gopinathan @ Gopi . in the road traffic accident.3. In brief, the facts of the case arc:The appellant No.1 is the wife, appellant Nos. 2 and 3 are the parents of tire deceased Sri. Gopinathan and they have filed a claim petition before the Tribunal under section 166 of M.V. Act. claiming compensation of 10.00.000/-, on account of the death of the deceased in the road traffic acc'dent, contending that, on 13.2.2003 at about...
Kumari Revathi.S.Kumar. D/O. Late M.N. Sampath Kumar, Vs. the Manager, ...
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.2/2001 by the 18th Additional Judge, Court of Small Causes and Motor Accidents Claims Tribunal- IV, Bangalore (SCCH-4). (Hereinafter referred to as ' Tribunal' for short),2. The Tribunal by its judgment and award has awarded a sum of 3.75,000/- under different heads with interest at 6% per annum from the date of petition till its deposit, as against the claim of the appellants for a sum of ?30.00,000/-, on account of the death of the deceased M.N.Sampath Kumar, in the road traffic accident.3. The occurrence of the accident and the death of the deceased Sri. M.N. Sampath Kumar in the accident that occurred on 1.11.2000 at about 10.20 p.m., due to the rash and negligent driving by the driver of the Lorry bearing NO.KA.02.A.3339 near Ravigopal Petrol Bunk, Byatarayanapura, Bangalore, are not in dispute. The appellant Nos. 1 and 2 who are the minor children of the ...
State of Karnataka, Vs. Sheik Murad, S/O Vali Saheb, and ors
Court: Karnataka
Decided on: Oct-26-2010
1. this appeal is filed by the State challenging the judgment dated 26.10.2004 passed by the X Additional City Sessions Judge, Bangalore in S.C.No.660/2001 acquitting the respondents of the offence under Sections 498-A and 304-B IPC and under Section 4 of Dowry Prohibition Act. The KM ma kshiparya Police filed a charge sheet against the respondents 1 to 4 alleging that the 3rd respondent being the husband and respondents 2 and 4 being the relatives of the deceased Haseena Bhanu after the marriage in the year 1996, a.cccrding to the Islamic rites, when she was staying with the accused persons in Sunkuda katte, they had meted out cruelty and harassment to her for bringing more dowry, for purchase of an Autorickshaw, thereby they are alleged to have committed, offence under Section 498-A r/w Sec.34 IPC. It is further alleged against the accused that being unable to tolerate the physical and mental cruelty meted out to her, Snrt.Haseena has committed suicide on 18.10.2010 at about 1.05 p.m...
The Oriental Insurance Co. Ltd. and ors Vs. Smt.M Chandrakala W/O Late ...
Court: Karnataka
Decided on: Oct-26-2010
COMMON 1. Both these appeals have arisen from the same Judgment and Award dated 04.11.2008 passed in MVC No.915/2008 by the learned Judge, Court of Small Causes and Member, MACT, Bangalore (SCCH 7) (hereinafter referred to as 'Claims Tribunal' for short).2. MFA No.1438/2009 is filed by the claimant Nos.1 to 5 and MFA No.2659/2009 is filed by respondent No.2 namely the Oriental Insurance Company Limited with which the motor cycle bearing registration No.KA 0 EU 5204 which was involved in the accident that occurred on 15.10.2008 was insured. The insurer has challenged the correctness of the impugned judgment and award only on the factum of negligence on the part of the rider of the said mote cycle. The Claimants have sought for enhancement of compensation awarded under the impugned judgment and award towards the death of the deceased Hanumaiah, the husband of claimant No.1, father of claimant Nos.2 to 4 and the son of claimant No.5 in the claim petition.3. Sri.C R Ravishankar, learned Co...
Master Saoik S/O Hasainar, Vs. Khalilulla S/O Late B.Yusuf
Court: Karnataka
Decided on: Oct-26-2010
1. This is claimant's appeal for enhancement of compensation against the impugned judgment and award dated 07.06.05 passed in MVC No.270/04 on the file of the I Addl. District Judge, D.K. & Member. MACT-II, Mangalore, (hereinafter referred to as Tribunal' for short).2. By its judgement and award, the Tribunal has awarded a sum of Tl, 15,260/- with interest at 6% p.a from the date of petition till realisation as against the claim made by the appellant for a sum of 5,00,000/- on account of the injuries sustained by him in the road traffic accident. Being aggrieved by the said judgment and award, the appellant has presented this appeal seeking enhancement on the ground that, the amount awarded by the Tribunal is inadequate.3. In brief the facts of the case are:The appellant claims to be aged about 15 years, studying in 8lh Standard. He was hale and healthy prior to the accident. That, on 13.10.2003 when he was proceeding in a Motor bike-Hero Honda CBZ bearing Reg.No.KA19-I-2796, as a pill...
Baby Fathima D/O Abdulla Vs. the Oriental Insurance Company Ltd. and o ...
Court: Karnataka
Decided on: Oct-26-2010
1. This is claimant's appeal for enhancement of compensation against the impugned judgment and award dated 14.06.05 passed in MVC No. 157/01 on the file of the II Addl. Civil Judge (Sr.Dn.) and Member, MACT-VI, Mangalore, O.K., (hereinafter referred to as Tribunal' for short).2. By its judgment and award, the Tribunal has awarded a sum of 95,000/- with interest at 6% p.a. from the date of petition till realization as against the claim made by the appellant for a sum of 10,00,000/- on account of the injuries sustained by him in the road traffic accident. Being aggrieved by the said judgment and award, the appellant has presented this appeal seeking enhancement on the ground that, the amount awarded by the Tribunal is inadequate.3. In brief, the facts of the case are:The appellant claims to be minor girl aged about 7 years represented by her natural guardian, father, studying in 1sl standard. She was hale and healthy prior to the accident. That, at about 4.30 p.m. on 30.04.2000 when the ...
T.Nagappa S/O Thimmaiah and ors. Vs. M/S Adarsha Associates and ors.
Court: Karnataka
Decided on: Oct-26-2010
1. Legality and correctness of the judgment and decree passed by XXVI Addl. City Civil Judge, Bangalore dated 23.2.2004 in O.S.No.15290/2001 is called in question in this appeal by the appellants. Appellants were the defendants and respondent was the plaintiff before the trial court.2. Facts leading to this case are as hereunder: Plaintiff is a registered firm carrying on its business as a developer developing properties in constructing apartments and carrying on allied real estate activities. According to the plaint averments, defendants are the owners of 1-12 acres and 2-20 acres of land, in all 3-32 acres in Sy.Nos.42 & 32/2 of rtayanappashetty Palya, Bannerghatta P.oad. Begur Kobli, Bangalore and the aforesaid land was offered by the defendants to the plaintiff to develop the same under the joint venture scheme. it was agreed that after the completion of the project plaintiff was entitled for 50% of the built up area and the defendants being the land owners were entitled to remaini...
H S Nagarudrappa S/O H R Siddalingappa Vs. the Chief Executive Officer ...
Court: Karnataka
Decided on: Oct-26-2010
ORDER1. The indisputable facts are that in the recruitment to the vacant posts of Assistant in the respondent Karnataka Industrial Area Development Board (for short KIADB) petitioners and the second respondent were selectees, whence first petitioner scored 54 marks, the second petitioner 69 marks while the second respondent 53.5 marks and reported to duty on 7.5.1983; 6.5.1983 and 16.5.1983 respectively. In the seniority list of assistants as on 1.6.1989 Annexure 'A' the first petitioner is at SI.No. 11, the second petitioner at SI.No. 10 and the second respondent at Sl.no. 14. In the gradation list of Assistants dated 4.10.93 as on 30.9.93. Annexure 'B' the name of the second respondent was at SI.No.8 while the first petitioner at SI.No. 11 and the second petitioner at SI.No. 10. That list was opposed by filing objections dated 6.11.93 of the first petitioner which when considered led to the gradation list dated 5.8.94 Annexure 'B2' restoring the name of the first petitioner at SI.No....
Sri.N.H.Gangadhar S/O.Channa Veerappa Vs. M/S. Srs Travels and the New ...
Court: Karnataka
Decided on: Oct-26-2010
1. This appeal is directed against the impugned common judgment and award dated 22.07.2005 passed in MVC No. 5321/04 on the file of the Member MACT-IV, Addl. Judge, Bangalore (SCCH-6), (hereinafter referred to as 'the Tribunal' for short).2. By its judgment and award, the Tribunal has awarded a sum of 71,44,870/- with interest at 6% p.a. from the date of petition till realization on account ofthe injuries sustained by him in the road traffic accident. Being aggrieved by the said judgment and award, the appellant has presented this appeal seeking enhancement on the ground that, the amount awarded by the Tribunal is inadequate.3. In brief, the facts of the case are: The appellant claims to be aged about 41 years, a cash collector by profession, getting salary of ?3,800/-p.m. He was hale and healthy prior to the accident. That on, 07.07.2004 at about 12.30 p.m., when the appellant along with his colleague was proceeding in the Motor Cycle, in front of ITPL Stop Lab Factory, at that time, ...
Smtvijaya W/O JinadattA. and ors Vs. Smt.Devamma and ors
Court: Karnataka
Decided on: Oct-26-2010
1. The present appeal is filed by the appellants, who are the plaintiffs in O.S.No.4/1996 on the file of the Civil Judge (vSr.Dn). Sagar are challenging the judgment and decree dated 30 09.2004 passed by the court below.2. The facts leading to these appeals are as hereunder:The plaintiffs filed the suit to declare the 1sl plaintiff as the widow of Jinadatta and 2nd plaintiff as the son born to the 1sl plaintiff and Jinadatta and to grant a decree for partition and separate possession of the plaintiffs share in all A. B and C schedule properties. According to the plaint averments, 1st plaintiff was married to Jinadatta on 6.04.1974 as per the customs prevailed under the Jain-Community and out of their wed lock, they had a son by name Dharmaraj, who died in the year 1984. Thereafter, the 2nd plaintiff was born to them. The 1st plaintiff was living with late Jinadatta from 1974 to 1980. As her husband had addicted for bad vices, she was driven out of the house in the month of January 1981...
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