Karnataka Court November 2010 Judgments
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G.S.Ambujakshi and the New India Assurance Company Ltd and ors. Vs. K. ...
Court: Karnataka
Decided on: Nov-10-2010
1. These appeals are filed by the Insurance Company as well as the claimants challenging the judgment and award dated 10.1.2008 in M V C No. 106/2006 on the file of the Civil Judge (Sr.Dn.) and M A C T, at Holalkere.2. The ground taken by the appellant is that the rider of the vehicle did not possess a valid and effective driving license. Ex.P8 license is only Learner's license with which he was traveling on a National Highway along with a pillion rider, which is contrary to Rule 3 of the Motor Vehicle Rules and also conditions stipulated in the license. It is also submitted that as per the sketch Ex.P9" the motor vehicle was proceeding altogether in a wrong direction and accordingly he has contributed for the accident and to that extent, the claimant should have been deprived the compensation. It is further submitted that in view of Ex.P9 election identity card and also as per LLR Ex.P8 the age of the deceased was 36 years. However, the Tribunal has taken the multiplier 16 which also ...
The Manager, United India Insurance Co. Ltd. Vs. Smt.Kamalamma and ors ...
Court: Karnataka
Decided on: Nov-10-2010
1. This appeal is filed by the Insurance Company being aggrieved of the judgment and award dated in M V C No. passed by the MACT, Mandya.2. The two contentions urged on behalf of the appellant are that Ex. P.I 1 is the pension pass book pertaining to the deceased which discloses that the deceased was drawing a pension of Rs.2684.00. As against the same, the Tribunal has taken the income of the deceased at Rs.4,000/- which is without any basis. The second contention is that the tribunal has adopted multiplier of 9 but the correct multiplier applicable in the case is 7.3. The learned counsel appearing for the claimant did not dispute seriously in respect of income of the deceased.4. I have gone through the impugned judgment and award. Ex.Pll is the pension pass book which discloses pension of Rs.2684.00 and therefore it is not proper for the Tribunal to take Rs.4,000/-. Therefore, the less of dependency would be 2/3 x Rs.2684 x 12 x 9 Rs. 1.93,320/-(One-third of Rs.2684/-domes to Rs. 178...
National Insurance Company Limtted and ors. Vs. M.B.Rajesh, Major and ...
Court: Karnataka
Decided on: Nov-10-2010
1. These appeals are filed by tlie Insurance Company challenging the judgment and award dated 06.12.2CO6 passed in MVC NOB,4103/2004, 4102/2004, 4104/2003 and 6170/2004 en the file of the XVI Additional Judge. MACT. Bangalore SCCH-14 on the ground of liability2. By tttf impugned judgment and award, the Tribunal h*?s granted compensation of Rs.27,900/-, Rs.27,300/-, Rs.33.900/- and Rs.22,000/- respectively with interest at 6% per annum from the date of petition till realization.3. In this case the first respondent is the claimant, respondent NOB.2 and 3 are the owners of the vehicles. The petitioners before the Tribunal have made claim for having sustained injuries while travelling along with their family members on 01.05.2004 in TATA India bearing No,KA-04-P/4109 and after conducting the proceedings, the Tribunal has awarded the above compensation. The Insurance Company has filed statement of objection by contending that the respondent Nos.2 and 3 to whom the vehicle belongs to was ins...
M. Nagaraju S/O M. Mariyappa Vs. the Karnataka Small Scale Industrial ...
Court: Karnataka
Decided on: Nov-10-2010
ORDERThe petitioner has sought for the following reliefs:Issue a writ. in the nature of mandamus directing the respondents No.l and No.2 to consider the application of the petitioner dated 20 3.2008 as per Annexure-B in so far as the allotment of the plot No.SPL-R.57 situated at Magadi Industrial Area, Bangalore Rural."The records reveal that the petitioner has made an application pursuant to the Notification vide Annexure-A' dated 4.3.2008 for allotment of two sites viz., Plot No.SPL-R-57 and SPL-R-58, situated at Magadi Industrial Estate. He had planned to start tool room in the aforementioned plots. Those two plots are adjoining each other. According to the petitioner, with the operational and practical point of view, if both the plots are allotted to him, he can use them effectively. However, the petitioner was allotted plot bearing No.SPL-R-58. Thus, this writ petition is filed for the aforementioned reliefs.2. The plot bearing Nc.SPL-R-57, measuring 279.50 sq.mts. is allotted in ...
Sri Nagabhushana Vs. State of Karnataka
Court: Karnataka
Decided on: Nov-10-2010
ORDER1. The petitioner is arrayed as accused No 1 in Crime No.355/2010 registered for offences perishable under Sections 498-A, 302 r/w. 34 IPC2. I have heard learned Counsel for petitioner and learned Government Pleader for the State,3. The marriage of the petitioner with deceased Rekha was performed about 8 years prior to 24.06.2010. They were cordial. They- have three children in the wedlock. It is alleged, on 24.06.2010 at about 9.00 p.m. petitioner doused kerosene and set deceased on fire and she was admitted in Victoria hospital On 29.06.2010 deceased succumbed to burn injuries,4. As per the postmortem report death of the deceased was due to septicemia due to burn injuries. The investigation records would reveal, at the first instance deceased had given a statement that she accidentally caught fire when she was trying to lit a candle and kerosene from the bottle had spilled. Later she had given second statement to the effect that, on 24.06.2010, there was a quarrel between petiti...
V.Shivanna, S/O Virupakshappa Vs. Hulumane Rajappa, S/O Kcnchappa, and ...
Court: Karnataka
Decided on: Nov-10-2010
JUDGEMENT1. This is claimant's appeal seeking enhancement of compensation awarded in MVC No. 1155/2005 on the file of MACT, Davangere.2. The fact that the claimant, a pedestrian, who was walking on P.B.Road, Davangere, near Janatha Hotel, on 17.04.2005, met with an accident at 7.30 p.m., due to rash and negligent driving of vehicle bearing No.KA- 17/A-872 is not in dispute. It is also not in dispute that the said vehicle belongs to first respondent and insured with second respondent herein. That in the said accident, claimant has suffered fracture of superior and inferior ramie left pelvic bone and also fracture of 3rd and 4th metacarpal bone right hand. Alter the said accident; the claimant lolled a petition seeking compensation against the owner and insurer of the offending vehicle.3. In the said proceedings, on appreciation of oral and documentary evidence available en record and also the evidence of claimant as well as the doctor, who treated him, the Tribunal has awarded compensat...
Ningamma, W/O. Late Sanna Rangappa Vs. T. Rameshappa, S/O. Thapalappa
Court: Karnataka
Decided on: Nov-10-2010
1. This appeal is by the claimants seeking enhancement of compensation.2. Hoard. 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.4. Brief facts of the case are:Those on 10.01.2007 when deceased Basavaraj was walking from Mcllgehally to Ramajjanahally gate near Jally cross a motor cycle bearing registration No. KA-16/L-9494 came from behind in a rash and negligent manner and dashed the deceased from his back side as a result he sustained grievous injuries and died on the spot. His parents and younger brother filed a claim petition before MACT, Hiriyur seeking compensation of 10.86,000/- and the Tribunal has awarded compensation of 2,66,000/- with interest at 6% p.a.5. Deceased Basavaraj was aged about 30 years at the time of his death in the accident as evident from post, mortem report Ex P 4. The claimants in sup...
Smt. Durgamma, and Sri. Karangaiah Vs. Sri. Narasimhaiah and the State ...
Court: Karnataka
Decided on: Nov-10-2010
1. These appeals are heard and disposed of by this common judgment, as the facts and circumstances are almost identical and arise out of suits filed against the same defendants.2. The parties are referred to by their rank before the trial court for the sake of convenience. The appellants are the plaintiffs in their respective suit.3. The facts are as follows:In RSA 201 1/2008, it was the plaintiffs case that she was the owner of One acre of dry land bearing Survey No. 21/7 of Maruhole village, C.N.Hally Taluk. The same was granted as per orders of the Special Assistant Commissioner for Disposal of Darkasth Lands, Tumkur District, as on 12-2-1975. The land is said to have developed and cultivated by the plaintiff who has grown neem , jaali and eucalyptus trees therein. That the revenue records are maintained in the name of the plaintiff. The plaintiff is said to be paying revenue to the Government regularly. It was contended that Defendants no.3 and 4 are seeking to interfere with the p...
S.Raju. S/O Sannaiah and ors Vs. the State of Karnataka and ors
Court: Karnataka
Decided on: Nov-10-2010
ORDER1. Heard the learned counsel for the petitioners.2. Learned Additional Government Advocate is directed to take nonce for respondents 1 to 4.3. A preliminary objection is raised by the learned Additional Government Advocate stating that the petitioners have got a remedy of preferring revision petition under Section 56 of the Karnataka Land Revenue Act before the Karnataka Appellate Tribunal.4. Having regard to the facts and circumstances of the case and in view of the efficacious remedy provided under Section 56 of the Karnataka Land Revenue Act to prefer a revision petition before the Karnataka Appellate Tribunal, this writ petition is dismissed reserving liberty to the petitioners to avail such alternative remedy. Petitioners are at liberty to file necessary application seeking condensation of delay before the Karnataka Appellate Tribunal explaining even the period which is taken in prosecuting this writ petition.5. Learned Additional Government Advocate is permitted to file memo...
Sri Y. Munivenkatappa Vs. the Secretary to Government of Karnataka
Court: Karnataka
Decided on: Nov-10-2010
ORDER1. This petition is preferred against the order passed by the Karnataka Administrative Tribunal which has dismissed the application filed by the petitioner upholding the order of dismissal from service.2. The petitioner was working as Police Constable in Rural Police Station, Kolar. While he was in service, he was prosecuted by the Rural Police Station. Kolar for the alleged offence punishable under Section 498A IPC on the ground that he married Smt.Meenakshamma on 3-5-1984 and not complying with his demand for dowry, she was ill treated which led to her suicide. Against the petitioner. Rural Police Station, Kolar registered a case in C.C.No. 26/1986 before the Principal Chief Judicial Magistrate, Kolar. Simultaneously, departmental enquiry was initiated against him. The charge leveled against him was as under:"The applicant had committed misconduct of harassing his wife Smt.Meenakshamma for not bringing clowly. Not doing household work properly leading to Meenakshamma committing ...
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