Karnataka Court November 2010 Judgments
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Sri. Vijendra, S/O. Gopal Gowda Vs. Sri. Gopala Gowda and the Manager, ...
Court: Karnataka
Decided on: Nov-08-2010
1. This appeal by the appellant is arising out of the impugned judgment and award dated 10/12/2004 passed in MVC Mo. 228/2001 on the file of the Prl. District Judge, and Member. Motor Accident Claims Tribunal. Chikmagalur, (hereinafter referred to as ' Tribunal' for short).2. By its judgment and award, the Tribunal has awarded a sum of .29.000/- with interest at 8% p.a., from the date of petition till realization as against the claim made by the appellant for a sum of 8,00,000/-, on account of the injuries sustained by him in the road traffic accident.3. In brief, the facts of the case are:The appellant is claiming that he was aged about 35 years at the time of the accident, hale and healthy, Class-II Contractor and getting the income of more than ^10,000/- per month. That at about 2.00 p.m., on 4.3.2001 the appellant was proceedings in the car bearing No.KA. 18.M.4843 and when it came near Korodi in Hirekodige village situated on Theerthahalli-Koppa road, the driver of the said car dr...
Swetha, D/O. Ramachandra Vs. National Insurance Co. Ltd.
Court: Karnataka
Decided on: Nov-08-2010
1. This appeal is by the claimant 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 23.05.2003 when the claimant aged about 5 years was walking by the side of road near her house a mini lorry bearing registration No.KA-29-278 came in a rash and negligent manner and dashed against her as a result she sustained grievous injuries. Hence she filed a claim petition through her father before MACT, Bangalore seeking compensation of 1,50.000/- and the Tribunal has awarded compensation of Rs.40.000/- with interest at 8% p.a.4. As there is no dispute regarding occurrence of accident, negligence and liability of the Insurer of the offending vehicle the only point that remains for consideration is:Whether the compensation awarded by the Tribu...
Sri S.Thippeswamy. Vs. the State of Karnataka and ors
Court: Karnataka
Decided on: Nov-08-2010
1. Appellant was employed under respondent No.2 -Company. Respondent No.2 introduced voluntary retirement scheme in the year 2001. Appellant availed the benefit of the said scheme on 01.10.2001. On 28.08.2002. The application submitted seeking voluntary retirement was accepted and the acceptance was communicated to the appellant on the same day. By another communication dated 21.02.2003 (Annexure-13), the appellant was informed that he would be relieved of his duties with effect from 22.03.2003 after office hours on 4.30 p.m. and that on 22.04.2003 or thereafter, he could contact the Accounts Officer of the Company to receive the amount due to him as per the voluntary retirement scheme.2. Alter a lapse of six years from the date of acceptance of the application filed by the appellant seeking voluntary retirement under the scheme, he filed the writ petition seeking to quash the order dated 21.02.2002.3. The learned Single Judge has dismissed the writ petition due to delay and latches ho...
Prakash, S/O. Siddaiah Vs. the Branch Manager, United India Insurance ...
Court: Karnataka
Decided on: Nov-08-2010
1. This appeal is by the claimant 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 19.06.2006 when the claimant was riding his motor cycles on Hassan-Gorur road near Kattaya Hand post a Maxi cab bearing registration No. KA-09-7606 came in a rash and negligent manner and dashed against the motorcycle as a result the claimant fell down and sustained grievous injuries. Hence he filed a claim petition before MACT. Hassan seeking compensation of .2,00,000/- and the Tribunal has awarded compensation of Rs.53.000/- with interest at 6% p.a.5. As there is no dispute regarding occurrence of the accident, negligence and liability of the Insurer of the offending vehicle the only point that remains for consideration is:Whether the compensatio...
The Manager the Oriental Insurance Company Lid Vs. Shri. Gajanana Naik ...
Court: Karnataka
Decided on: Nov-08-2010
1. The appeal by the Insurance Company challenging the judgment and award passed in MVC No. 422/2008 by the Motor Accidents Claims Tribunal. Puttur.2. The ground taken up by the appellant is that the Tribunal has committed an error in directing the appellant to pay the compensation and recover thereafter, for which the Tribunal had no power. Secondly, it is submitted that once finding leas come in favour of the appellant consequentially the order should be in its favor, Under these circumstances, the learned counsel submits to allow* this appeal and to set aside the order on the ground that the Tribunal ha3 committed an error.2. As per Ex. R-l, the policy was issued for a private car under package policy. In order to avail the benefit of the policy the claimants should comply the terms and conditions of the insurance and not to violate the terms and conditions. In the instant case, a fare paid passengers were allowed to travel in a private car. FW-1 who has been examined has admitted i...
Erappa S/O. Kenchappa Vs. Thippaiah and ors
Court: Karnataka
Decided on: Nov-08-2010
ORDER1. The petitioner has raised the challenge to the fourth respondent's order, dated 24.10.2007 (Annexure-E) dismissing appeal Nos. S.C.P.T.C.L. (A) -56,57/ 99-2000.2. The facts of the case in brief are that the Assistant Commissioner initiated the suomotu proceedings under Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 [hereafter called TTCL Act' for short] invalidating the sale made by a depressed class grantee and consequently for restoring the land to him/his legal representative.3. The petitioner, who claims to be the purchaser crollenged the said order of the Assistant Commissioner by way of an appeal before the Deputy Commissioner. By his order, dated 16.10.2000 (Annexure-B) the Deputy Commissioner dismissed the appeal on merits in the absence of the petitioner (appellant before the Deputy Commissioner).Contending that it is not permissible for the Deputy Commissioner to decide the appeal on merits , if th...
Sri. D S Narahari S/O D S Shastry Vs. General Manager Garden Beach Cal ...
Court: Karnataka
Decided on: Nov-08-2010
ORDER1. This writ petition is filed by the petitioner challenging the order passed by the Central Administrative Tribunal which has rejected his request for consideration of his promotion in terms of the earlier order passed in his favour by the Central Administrative Tribunal at Calcutta.2. The petitioner with qualification of B.E. Civil Engineering was commissioned in the Army as Short Service Commission officer on 02.08.1964 and was released from the Army with effect from 30.08.1969. He joined the Railways on 07.04.1973 as a probationer of Indian Railway Service of Engineers (1RSE) on the basis of the special recruitment undertaken by the UPSC for selection of graduate engineers who have been commissioned in the armed force of the Short Service Commission. Taking into consideration the service rendered by the applicant in the Army, his deemed date of appointment in the Railways was fixed as 07.04-1965 though he was actually appointed on 07.04.1973 for the purpose of reckoning the se...
Sri.B .N.Adyanthaya Vs. Sri.B.Sadashiva Adyanthaya
Court: Karnataka
Decided on: Nov-08-2010
1. These two appeals haw been taken together for dibpos-fcl with consent of both the counsels.2. These two appeals are complainants' appeals. According to the complaint^ the accused has issued cheques-one for Rs,7 Lakhs and another for Rs.S Lakhs towards the amount borrowed, drawn on Vijaya Bank, Sulya Branch, Sur/a, Dakshina Kamiada, during September and October 2005 respectively. On presentation, they were dishonored with an endorsement3. After issuance accused did not make payment, complaints came to foe fifed. The trial Court after enquiry dismissed the complaints.4. The trial the accused are relatives and also noted that these thereon are not in dispute. According to the accused, the no capacity to lend the amount. Following the decision of the Apex Court reported in AIR 2008 SC 2326 in the case of KrUima Janardhan Bhat - Court opining that the existence of legally recoverable debt is not a matter of presumption under Section 139 of the Negotiable Instruments Act, and stating that...
Master Achyuthananda G. Vs. the Oriental Insurance Co. Ltd.
Court: Karnataka
Decided on: Nov-08-2010
JUDGEMENT1. Sri O Mahesh, learned counsel who appears for the respondent Insurance Company in connected MFA No. 10535-2008 undertakes to file vakalath in this appeal for Respondent No.1.2. This appeal is filed by the claimant seeking for enhancement of compensation awarded by the claims Tribunal. MACT, at Bangalore in M V C No. 123/2007. The claims tribunal has awarded a sum of Rs. 1.00,000/- along with 6% interest.3. It is the contention of the appellant that the Tribunal has not considered the compensation sought to be awarded towards medical and incidental charges and future medical expenses and loss of amenities and happiness. The claimant has examined PW-3 the doctor who has stated that the patient requires Rs.60.000/- for future medical expenses, which is reiterated in the cross-examination. The Tribunal has awarded only Rs. 10.000/- under the said head which is on the lower side. In respect of medical expenditure and incidental charges, the claimant has produced bill for Rs.32.3...
Sri.Chengappa @ Vivek and anr Vs. the State of Karnataka and anr
Court: Karnataka
Decided on: Nov-08-2010
ORDER1. Petitioners have sought for to quash the proceedings in C.C.No.4023/2008 pending before the II Addl. CMM, Bangalore.2. Petitioner No. 1 and respondent No.2 are said to have filed an application before the family Court and obtained divorce by mutual consent. The brief facts are: Their marriage was celebrated during December 2004 at Kodava Samaja. On the allegation that there is dowry harassment, respondent No.2 had filed a complaint and the case was registered before the II Addl. CMM. Bangalore, in C.C.No.4023/2008 for the offences punishable under Sections 498A and 506B of IPC.3. According to the petitioners, a compromise petition has been filed by the parties signed by both their respective Counsel for grant of divorce by mutual consent based on which, the trial Court has passed a decree of divorce, wherein respondent No.2 has undertaken to withdraw all the allegations against the petitioners and had consented to quash the proceedings against them, but somehow she is trying to...
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