Karnataka Court November 2010 Judgments
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Smt. Sahina and ors Vs. Ananda Sapallya, and ors
Court: Karnataka
Decided on: Nov-10-2010
1. This appeal is by the claimants seeking enhancement of compensation.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.4. Brief facts of the case are:That on 06.01.20C6 when deceased Mohammed was returning from Chcmbugudde. Permannur village by walk on the extreme side of the road on Kanajc-Thokkuttu highway near Kerebail a lorry bearing registration No.KA-19-4686 came from his behind in a rash and negligent manner and dashed against the deceased, as a result, deceased sustained grievous injuries and died on the way to hospital. His wife, minor child and parents filed a claim petition before MACT, Mangalore seeking compensation of 15,00,000/- and the Tribunal has awarded compensation of .4,00,000/ with interest at 6% p.a.5. Deceased Mohammed was aged about 28 years at the time of his death in the accide...
P.Thangammal and New India Assarancc Company Ltd. Vs. R.M.Selvaraj, an ...
Court: Karnataka
Decided on: Nov-10-2010
1. Admit.2. These two appeals by the Insurer and the claimant are arising out of the same judgment and award dated 20/12/2003 passed in MVC No. 756/2000 on the file of the Addl. Judge, Court of Small Causes and Member, MACT-V, Bangalore (SCCH-5), (hereinafter called as Tribunal for short).3. The Tribunal by its judgment and award, has awarded a sum of ^3,19.000/- with interest at 7% p.a., from the date of petition till the date of deposit as against the claim made by the claimants for a sum of 5,20,000/-, on account of the death of the deceased Sri. Bhagya Raj in the road traffic accident.4. In brief, the facts of the case are: The claimant No. 1 is the wife, claimant Nos. 2 to 4 are the minor children and claimant Nos. 5 and 6 are the parents of the deceased Sri. Bhagya Raj and they have filed a claim petition before the Tribunal under section 166 of M.V.Act, claiming compensation against the driver, owner arid insurer of the vehicle on account of the death of the deceased in the road...
State by K.T.J.Nagar Police Vs. B.Sujith Kumar. S/O Bannuraiah and ors
Court: Karnataka
Decided on: Nov-10-2010
1. In this appeal filed by the State, legality and correctness of the order dated 7.7.2004 passed by the Presiding Officer, Fast Track Court No.I Davanagere in S.C.No. 15/2002 acquitting the respondents 1 to 4 of the charges leveled against them for the offences punishable U/s 498-A. 304-B, 306, 109 r/w Section 34 IPC, is questioned.2. Briefly stated the case of the prosecution Is as under: -3. Deceased - Lalitha is the second daughter of PW3 - Ravi and PW 15 - Kavitha. They are residents of K.B. Extension, Davanagere. The accused No. 1 is the son of Accused No.2 while Accused No.3 is her daughter. Accused No.4 is friend of Accused No.2. They are also residents of KB Extension. Davanagere. Accused No.2 was a teacher by profession and she was giving private tuition. Deceased -Lalitha used to go to the house of accused No.2 for tuition. During such visits, she developed love with Accused No. 1. Few days prior to 29.1.02, Accused No.l and deceased Lalitha left their respective houses and ...
Sri K Janardhana S/O Late Kullaiah Vs. Sri Siddaiah and Sri Hukkeri an ...
Court: Karnataka
Decided on: Nov-10-2010
ORDERJ.S.KHEHAR, C.J. (Oral):1. The complainant-petitioner has entered appearance in Court today. In furtherance of the bail able warrants issued, the accused-respondent Nos. 4 and 5 are also present in Court today.2. In order to ascertain the veracity of the statement made to this Court by the learned counsel representing the complainant-petitioner on 27.10.2010, the complainant-petitioner was questioned. During the course of which, he acknowledges, that he had voluntarily entered into the contract with respondents Nos. 4 and 5 and relinquished his rights in the toilets in question.3. Ill view of the statement made by the complainant-petitioner to us in Court today, we are of the view, that the filing of the instant contempt petition constitutes an abuse of the process of the Court, as on the last date of hearing we were informed, that respondent Nos.4 and 5 had threatened the complainant-petitioner. This submission made at the hands of the complainant-petitioner, was clearly false, i...
N. Yogendra S/O Late Narsimma Gowda Vs. Srrit. ShashikalA. D/O Mallapp ...
Court: Karnataka
Decided on: Nov-10-2010
1. Heard the learned counsel for the parties.2. The parties are referred to by their rank before the trial court for the sake of convenience.3. The facts, briefly stated are as follows:The appellant was the defendant in a suit for ejectment. It was contended that the defendant was a tenant under the plaintiff since the year 1993 in respect of the suit property on a monthly rent of Rs.500. It was further contended that the rent stood enhanced to Rs.1500 per month from the year 2000. It was alleged that when the defendant turned a defaulter in the payment of rents, notice to quit was issued and followed up with a suit for ejectment. The defendant had denied the jural relationship of landlord and tenant; It was contended that there was, however, an agreement of sale dated 01.05.1993 under which the defendant had beer, put in possession and on receipt of an advance sale consideration of Rs. 2.20 lakh. Therefore the defendant had also filed a suit for permanent injunctio 1 restraining the p...
Dr. Ravishankar Puranthar S/O Late Sri R.D.Puranthar Vs. Sri Prabhu R ...
Court: Karnataka
Decided on: Nov-10-2010
ORDER1. Respondent 1 has filed O.S.246/2005 against the petitioner in the Court of Civil Judge (Sr.Dn.) Davanagere for partition, separate possession, manse profits and consequential reliefs in respect of the property shown in the schedule of the plaint. The petitioner who is the defendant in the suit has filed written statement. Petitioner filed an application under 0.1 R.10(2) CPC to impaled the 2nd respondent as 2nd defendant, to which statement of objections was filed on 2.12.2006. The petitioner had filed another application under Ss.94 and 151 CPC to direct the plaintiff to include certain items of properties in the plaint schedule and to amend the plaint. The Trial Court has considered only the application for imp leading and has passed the impugned order. Aggrieved, the defendant has filed this writ petition.2. Heard the learned counsel on both sides and perused the writ petition papers.3. The suit being one for partition and separate possession, the application for imp leading...
Kiran Kumar S/O Madeg0uda and Raghu Vs. the State by Kengeri Police
Court: Karnataka
Decided on: Nov-10-2010
ORDER1. The 1st petitioner is arrayed as accused No,2 and 2nd petitioner is arrayed as accused No.3 in Crime No,183/2010 registered for offences punishable under Sections 399, 402 and also for offences punishable under Sections 3 and 25 of the Arms Act.2. I have heard learned Counsel for petitioners and learned Government Pleader for the State,3. As per the investigation records, on 10.06.2010 at 6.00 p.m. the jurisdictional police inspector received a credible information about tiaasae persons having assembled with deadly weapons and formed an unlawful assembly near Pattanagere village to assault their rivals lead by Kata Ravi and Marenahalli Jaga who belong to group of one Korangu. The investigating officer visited the place of occurrence and apprehended the accused. The 1st petitioner along with accused 4 and 5 filed Criminal Petition No.4085/2010. This court accepted the bail petitions filed by accused 4 and 5 and dismissed the petition filed by the 1st petitioner on the ground tha...
Sri. Rajesh Sanu S/O Chandrakanth Sanu Vs. Sri. Vishwanath R. Raikar
Court: Karnataka
Decided on: Nov-10-2010
ORDER1. This Criminal Petition is filed under Secticn-482 of Code of Criminal Procedure praying to set aside the order dated 18.5.2009 passed in C.C. No.2274/2009 on the file of the JMFC-II, Davanagere and to refer the cheque in question to Handwriting Expert for reoori.2. I have heard the (earned counsel for the petitioner and the learned counsel for the respondent.3. The accused in the Court below has filed an application under Sections 45 & 73 of the Indian Evidence Act requesting the trial 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 nine is clearly inserted in the figures showing the amount. The same is the material alteration....
Chikkaehannegowda, S/O Channegowda Vs. the Managing Director, Ksrtc
Court: Karnataka
Decided on: Nov-10-2010
1. This appeal is directed against the judgment and award in MVC No.285/2008 dated 20.3.2009 on the file of the Principal Civil Judge (Sr.Dn.) and Motor Accident Claims Tribunal, Mandya. The appellant was the claimant before the Tribunal and the respondent was the owner of the offending vehicle. There is no dispute as to the occurrence of the accident and the liability of the respondent-Insurance Company to pay compensation. The appellant has filed this appeal seeking enhancement of compensation.2. I have heard the learned Counsel for the parties.3. Learned Counsel for the appellant would contend that the claimant was aged 45 years at the time of the accident. He was doing the business of sale and purchase of coconuts. He was the Doctor in his evidence has stated that the claimant has suffered earning more than 6,000/- per month. It is further contended that 30% injury to the left upper limb. The Tribunal has not awarded any compensation towards loss of future income. Having regard to ...
Nagaraj, S/O Late Narasimhaiah Vs. Mr. Harish.H.R. and ors
Court: Karnataka
Decided on: Nov-10-2010
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 the learned counsel appearing for the parties, it is taken up for final disposal.3. For the sake of convenience, the parties are referred to as they are referred to in the claim petition before the Tribunal.4. The brief facts of the case:On 11.09.2007, when the claimant was standing on the left side of Bangalore - Mysore road, a lorry bearing registration No,KA-42-2611 came in a rash and negligent manner and dashed against him. As a result, the claimant sustained injuries. Hence, he filed a claim petition before MACT, Bangalore seeking compensation of Rs .5,00,000/- The Tribunal awarded him a compensation of Rs .78,000/- with interest at 6% p.a.5. As for here Is no dispute regarding occurrence of accident negligence and liability of the insurer of the offending vehicle, the only point that arises for my consideration in the appeal is:"Whethe...
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