Karnataka Court November 2010 Judgments
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Umesh, S/O Rangappa Vs. Oriental Insurance Co. Ltd.
Court: Karnataka
Decided on: Nov-10-2010
1. This is claimants appeal seeking enhancement of compensation awarded in MVC No.4950/2005 on the file of MACT, Bangalore.2. The fact that the claimant, Umesh along with his friend Kumar was travelling in a motor cycle bearing No.KA-04/ U-378 en 22.05.2005 and at about 12.30 p.m., the said motor cycle met with an accident near Peenya II Stage, BMTC Bus-stand, due to rash and negligent driving of BMTC Bus bearing No.KA-05/B-5458 and the said bus was owned by second respondent and insured with first respondent, are not in dispute. It is also not in dispute that in the said accident claimant suffered fracture of left femur, which resulted in his hospitalization for a period of 15 days during which period, he had undergone surgery for fixation of fracture by placing implants. It is also not in dispute that thereafter Claim Petition was filed by him seeking compensation from the owner and insurer ol the offending bus.3. In the said proceedings, claimant examined himself as P.W.2 and the do...
S.L. Mohan S/O Late S. Linge Gowda Vs . Managing Director Kavcry Nirav ...
Court: Karnataka
Decided on: Nov-10-2010
ORODER1. The petitioner has sought for a direction to the respondents to consider his case as per the representations vide Annexure- A', ' B' and ' C, all dated 7.8.2009 for clearing the amount due to him from respondent-Nigam in respect of all the com Dieted work and return of deposit money in the form of Earnest Money Deposit and FSD regarding respective contract works.2. The petitioner alleges that he is due certain sums of money from the respondent-Corporation and such amount is illegally held up by the respondent. Per contra, it is the contention of the respondents that the respondent-Corporation is making arrangements to recover certain sums of money from the petitioner.3. From the above, it is clear that the disputes have arisen before the parties. Clause-29 of the Tender Document reveals that if any dispute or differences on any points whatsoever were to arise between the Executive Engineer/Superintendent Engineer and the Contractor regarding the matters mentioned therein, the ...
Mr. Mohammed. Vs. Smt. Devaki and ors
Court: Karnataka
Decided on: Nov-10-2010
1. The appellant has challenged in this appeal the order passed by the learned Single Judge who has set aside the order passed by the Land Tribunal, Udupi and remanded the matter back to the Land Tribunal for fresh consideration and in accordance with law.2. The subject matter of the appeal is the lands bearing Sy Nos. 144/3B measuring 1 acre 50 gutas and Sy.No.221/IB measuring 16 cents of Hejamadi village. Udupi District. The appellant claims that he is a chalageni tenant in the said land under one Ganga Hengsu, d/o Thunde Hengsu who is the wife of Krishnappa Hejamadi.He filed the application in form No.7 on 30-6-1979 as per Annexure-D under Section 48 of the Karnataka Land Reforms Act. 1961 (for short the 'Act') seeking conferment of occupancy rights. In the form No.7. He has shown Ganga Hengsu as owner of the property. The 'tribunal issued notice to her. Recorded statement of both the parties and thereafter proceeded to pass the order granting occupancy rights in favour of the appel...
State of Karnataka Vs. M.Shaheera, S/O Musthaf and ors
Court: Karnataka
Decided on: Nov-10-2010
1. The respondents - accused Nos.1 to 3 were tried for the charge leveled against them for the offence punishable under Section 302 IPC, before the District and Sessions Judge, Kodagu, Madikeri in S.C.No.28/2002. After the trial, they were acquitted by the Learned Sessions Judge. Aggrieved by this, the state is in appeal before this Court.2. The case of the prosecution in brief is as under Accused No. 1-M.Shaheera married deceased Nazimunnisa daughter of PW.19-Ameena on 8.11.2001. After the marriage she started living with her husband-accused No.1 and parents-in-law accused Nos.2 and 3 in Siddapura Town. While staying so in her matrimonial home, the accused were complaining that she does not know cooking and to take care of her husband and in-laws properly. In his regard, there were some differences between the accused on the one hand and the deceased Nazimunnisa on the other. This fact was known to the mother and other relatives of the deceased. During the night of 14.2.2002, accused...
Sri. Rajesh Sanu S/O Chandrakanth Sanu Vs. Sri. B. Mallikarjuna Swamy
Court: Karnataka
Decided on: Nov-10-2010
ORDER1. This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to set aside the order dated 7.5.2009 passed in C.C. No.1085/2009 on the file of the JMFC-II, Davanagere and to refer the cheque in question to Hand Writing Expert for report.2. I have heard the learned counsel for the petitioner. Though notice was served on respondent, but he remained unrepresented.3. The accused in the Court below has filed an application under Sections 45 & 73 of the Indian Evidence Act requesting the trig! Court to refer the cheque - Ex.PI to the handwriting expert for scientific investigation and call for the report from the expert with regard to tampering of the document. In support of his application, accused has sworn to an affidavit wherein it is stated as under:After appearance, accused has obtained certified copies of the deposition and exhibits. On perusal of Ex.PI - cheque, it is clear that the seven is clearly inserted in the figures showing the amount. The sam...
The New India Assurance Co. Ltd. Vs. Sri. ChIn Nappa and ors.
Court: Karnataka
Decided on: Nov-10-2010
1. This appeal is filed by the Insurance Company challenging the judgment and award dated 17.3.2007 passed in M V C No.980/2005 on the file of the Motor Accidents Claims Tribunal, at Bangalore. By the impugned judgment and award the claims tribunal has assessed the compensation at Rs.2,72.000/- and awarded interest at 6% per annum.2. The learned counsel for the appellant submits that as per the complaint Ex.P2 dated 20.12.2004 made by one of the close relative of the deceased states that while the deceased was traveling as a pillion rider, the rider Chikkamuniyappa dashed the vehicle against the road divider and resulted in accident and ultimately the pillion rider died. According to the complaint, it is only because of the contributory negligence on the part of the rider the accident has happened. Contrary to this complaint, the claim petition has been made bring Jar together a new vehicle which is no way connected to the accident to make a false claim. According to the complainant at...
Smt.Narasamma W/O Late K.Venkataswamy Vs. Smt. P.Pramila Rani and ors
Court: Karnataka
Decided on: Nov-10-2010
1. This 13 and appeal by the 7th defendant against the judgment and decree in O.S.No.71/1999 dated 30"' October 2004 on the file of I Addl.Civil Judge (Sr.Dn.), Bangalore Rural District, Bangalore.2. First respondent is the plaintiff. Respondent Nos.2 to 7 is defendants-1 to 6.3. Parties will be referred to as per their ranking in the trial court.4. Plaintiff sought for a decree for partition and separate possession of l/7lh share in the suit schedule property. CAST of the plaintiff is that, first defendant is the mother. Defendants-2 to 6 are her brothers. Late Ponnuswamy Naidu was her father. During the life time of Ponnuswamy Naldu. he had purchased the suit schedule property under registered sale deed. He died intestate leaving behind defendant No.l to 6 and plaintiff. Defendants-1 to 6 behind the back of the plaintiff executed registered sale deeds in favour of defendant No.7. Since the suit schedule property being the self-acquired property of Ponnuswamy Naldu, after the death of...
Mr.P.N.Ramesh. S/O. P.Narayan Rao. Vs. M/S. Oriental Insurance Co. Ltd ...
Court: Karnataka
Decided on: Nov-10-2010
1. This Cross objection filed by the Cross Objector-claimant is directed against the impugned judgment and award dated 31/12/2003 passed in MVC No. 312/1999 on the file of the IX Addl. Judge, Court of Small Causes and Member, MACT-7. Bangalore (SCCH-7) (hereinafter referred to as ' Tribunal' for short).2. The Tribunal by its judgment and award, has awarded a sum of 72,50,000/- with interest at 8% p.a., from the date of petition till the date of payment as against the claim made by the claimant for a sum of 715,00,000/-, on account of the injuries sustained by him in the road traffic accident.3. In brief, the facts of the case are:The claimant was aged about 39 years at the time of the accident, hale and healthy, working as Sales Manager in M/s. Stocko Electronics and drawing the salary of 739,250/- per month. That at about 10.30 a.m., on 4.6.1998 the claimant was proceeding from Bangalore to Doddauallapur in his Maruthi 800 Car bearing No.KA.C3.N.267 and when he came in front of PKB Pr...
Smt. Sharada and ors. Vs. the State of Karnataka and ors.
Court: Karnataka
Decided on: Nov-10-2010
ORDER1. Petitioners have sought for a direction to the respondents 1 to 4 in general and 4th respondent in particular to register the complaint dated 25.1.2010 vide Annexure-'D' and investigate into the offences complained of therein. They have also sought for a direction to the effect that the 5th respondent neither should nor investigate into the crime and some other police officer should investigate into the crime.2. The petitioners have lodged a complaint as per Annexure-'D' dated 25 1.2010 before the Commissioner of Police, Bangalore, making certain allegations against respondent No.6 herein. The grievance of the petitioners is that the said complaint is not registered and consequently. The complaint has to be filed before the petitioners could not have not investigated into approached the Commissioner of Police directly. The petitioner No.2 had lodged the complaint against the 6' respondent and two others and the same is registered in Crime No.413/2009 for the offences punishable...
Mtnerval Mills a Unit of National Textile Corporation Ltd and anr Vs. ...
Court: Karnataka
Decided on: Nov-10-2010
ORDER1. Notice to respondent is dispensed with.2. Heard the counsel for the petitioners. Perused the records,3. The grievance of the petitioners is that M.A.Ho.5/2010 pending on the file of XLI Addl. City Civil and Sessions Judge, Bangalore is not being taken up for final hearing Thus a direction is sought in these writ petitions to the XLI Addl. City Civil and Sessions Judge, Bangalore, to decide the appeal as early as possible,4. The matters will be heard by the Court below depending on the seniority of the matters. The priority also would be one of the points to be considered for early disposal. Be that aB it may, since it is for the court below to decide the matter in accordance with law and as the appeal is pending since February 2010, this Court is of the opinion that interest of justice will be met, if the XLI Addl. City Civil and Sessions Judge, Bangalore is directed to decide appeal M.A.No.6/2010 at an early date. By the said process, no prejudice or injustice will be caused t...
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