Karnataka Court November 2010 Judgments
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Thannirbhavi Mohiyadden Jumma Maszid Managing Commmitte Vs. Karnataka ...
Court: Karnataka
Decided on: Nov-08-2010
ORDER1. In this writ petition, the petitioner has prayed for a writ in the nature of Certiorari to quash the order dated 19.07.2010 as per Annexure-A passed by the first respondent appointing the Administrator to the petitioner's Maszid.2. Petitioner's Maszid is managed by a Managing Committee. In the matter of management of the Maazld in question there were some controversies between two groups. Both groups agreed before the Chairmen of Dakshin Kannada District Wakf Advisory Committee to hold the General Body Meeting on 21.05.2010. Accordingly a General Body Meeting was held on 2105.2010 and in which the Vice Chairman of the District Wakf Advisory Committee participated as an observer on behalf of the Karnataka State Board of Wakf. Petitioners contend that in the General Body Meeting held on 21 05.2010 more than 200 members participated and unanimously resolved to continue the existing Managing Committee for a period of one year i.e., 2010-301X. On the other hand the Karnataka State B...
Deepak, Vs. K. Umesh Nayak S/O. K.S.Nayak and ors
Court: Karnataka
Decided on: Nov-08-2010
1. This appeal by the claimant is directed against the impugned judgment and award dated 28th July 2004. Passed in M.VC.No. 1981/2000. by the Prl. Civil Judge(Sr.Dn), Additional Motor Accident Claims Tribunal. Udupi, (for short, Tribunal') for enhancement of compensation on the ground that, the compensation of 16.500/- awarded in his favour as against his claim for 10,61,000/- is inadequate.2. The appellant claims to be aged about 20 years, working as Mechanic, getting income of ^6,000/per month. He was hale and healthy prior to the date of accident. That at about 8:15 P.M., on 06-03-2000, when the appellant was travelling as a pillion rider in Bajaj M.80 Scooter bearing No.KA-20/K-889, from inna Mahalingeswara Temple, he met with an accident near Baikala Moolya's house at Inna Nejar, on account of rash and negligent driving by the driver of Tempo, on account of which., he fell down and sustained injuries to left thigh, waist and other parts of the body.3 It is the case of the appellan...
Sri Guthalegowda S/O. Late Dyavegowda Vs. Sri. Avinash S/C Lakshmanna ...
Court: Karnataka
Decided on: Nov-08-2010
1. This appeal is by 'he claimant, tor enhancement of compensation awarded by the Tribunal.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 before the Tribunal.4. Brief facts of the case are:That on 4-12-06, when the claimant was going on a motor cycle bearing registration No.KA-01-TR-719 near Shivanahalli Vaddaradoddi road, the motor cycle bearing registration No. KA-42-E-0086 came in a rash and negligent manner and dashed against his motor cycle. As a result, the claimant fell down and sustained injuries. Hence, he filed a claim petition before the MACT. Ramanagaram. seeking compensation of 6.00.000/-. The Tribunal by impugned judgment and award has awarded compensation of 1,37.000/-with interest at 6% pa. Aggrieved by the quantum of compensation awarded by the Tribunal the claimant is in appeal seeki...
State of Karnataka Vs. Manja @ Devegowda S/0 Muthegowda
Court: Karnataka
Decided on: Nov-08-2010
1. Respondent/accused took his trial for the offences punishable under Section; 498-A, 494 and 302 of IPC in S.C'No'. S/-2 002 be for 394 District & Sessions Judge, Codagu, Madikeri.2. the allegation made archaist the respondent/accused was that on 15.9.2001 at about 5.30 p.m. or. the road leading from Mullur to Kuruduvalli in Nidtha reserve forest area, titnt/accused poured kerosene on his second wife-Nagamani and set he-ablaze, as a result of which she succumbed to the bum' injuries and thus accused committedtion 302 IPC. An offence punishable under this case3. According to prosecution, accused married deceased Nagamani during his therefore, he committed office was Aisffile prosecution that after the further case of marriage, the accused subjected the deceased cruelty and harassment and dowry, therefore, of the of fence set - on motion on punishable under Section 49B f A;, of IPC4. Criminal law the basis of the complaint lodged by PW.l-Smt Puttamma. grand mother of the deceased. Afte...
The Branch Manager the Oriental Insurance Co. Ltd. Vs. Smt. Renukamma ...
Court: Karnataka
Decided on: Nov-08-2010
1. This appeal is by the insurance company challenging the judgment and award passed in MVC No. 664/2006 by the Motor Accidents Claims Tribunal, Chickmagalur. The ground taken up by the insurance company is that while selecting the multiplier, the Tribunal committed an error in considering the age of the deceased. It is submitted that if it is a case of death then the multiplier of the younger age of the parents should be taken. In the instant case, the mother is aged about 42 years and accordingly the multiplier should have been 14. As against the same the Tribunal has selected 17 considering the age of the deceased. Hence the learned counsel submits to allow the appeal by setting aside the order of the Tribunal.2. When the case is called twice none appears for the respondent.3. The claim is made by the mother, sister and brother of the deceased. Mother's age as declared in the claim petition is 42 years and therefore it is appropriate to take the multiplier of the mother. It is not s...
Sri Vijayakumar Vs. M/S. the Oriental Insurance Company Ltd.
Court: Karnataka
Decided on: Nov-08-2010
1. This appeal is by the claimant seeking enhancement of compensation.2. For the sake of convenience parties are referred to as they are referred to in the claim petition.3. Brief facts of the case are:That on 06.08.2007 when the claimant was proceeding as pillion rider on a motorcycle bearing registration No.KA-04-EH-9802 on Devanahalli-Boodigere road near Gollahalli gate, a tractor-trailer bearing registration No.KA-50-T-27-28 came from Budigere in a rash and negligent manner and dashed against his motorcycle, as a result, he fell down and sustained grievous injuries. Hence he filed a claim petition before MACT. Mangalore seeking compensation of 10.00.000/- and the Tribunal lias awarded compensation of Rs. 1.40.800/- with interest, at 6% 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:Whether the compensation awarded by the Tribunal is just and reasonable or ...
The Branch Manager New India Assurance Co. Ltd. Vs. P. Raju and O. Ram ...
Court: Karnataka
Decided on: Nov-08-2010
1. This appeal by the insurance challenging the order-passed in MVC No. 517/2003 by the I Additional Civil Judge (Sr. Dn.) and Additional Motor Accidents Claims Tribunal, Chitradurga, by its judgment and award dated 03.04.2007 awarding a compensation of 40,000/ According to the appellant, the same is an error committed by the Tribunal.2. The appellant has taken up the ground that the claim itself is a false claim and the Tribunal has not considered the same. According to the claimant the accident took place on 21.03.2003 by an autorikshaw bearing registration No. KA-16/8649. The claimant lias made a false claim making misrepresentation with regard to the accident. He has produced false documents to make wrongful gain. The action on the part of the Tribunal on considering all these aspects is opposed to the decisions of the Apex Court in the cases of United India Insurance Co. ltd., v. Rejendra Singh and Other, reported in AIR 2000 SC 1.1.65, the State of Andhra Pradesh & Another v. T. ...
K Narayanaswamy Vs. Srinivasulu S/O B Ganga Reddy and ors
Court: Karnataka
Decided on: Nov-08-2010
1. Admit.2. This appeal is directed against the judgment and award dated IB* July 2005 passed by the Motor Accident Claims Tribunal, Bangalore City in M.V.C.No.2582/2004. The Tribunal by its judgment and award has awarded a sum of Rs.84f600/- with interest at 6% per annum from the date of petition till the date of deposit. Being aggrieved by the same, the appellant has presented this appeal on the ground that the compensation awarded by the Tribunal is inadequate and requires enhancement.3. It is the contention of the appellant that on 3.1.2004 at about 7.45 a.m., when the claimant/appellant was moving towards K.R Puram from Yelahanka,. Near Hebbai lake, the rider of the TVS moped bearing No.KA-5 EL 5864 came with high speed in a rash and negligent manner and dashed against him. As a result, he fell down and sustained compound comminuted fracture of both bones of right leg distal 1/3. It is the case of the appellant that he was hale end healthy prior to the accident and he was doing mi...
Oriental Insurance Co. Ltd. Vs. Smt Susheelamma, W/O Late L.Krishna Mu ...
Court: Karnataka
Decided on: Nov-08-2010
1. This appeal filed by the Insurer is arising out of the impugned judgment and award dated 04/11 /2004 passed in MVC No.3336/2002 on the file of the XIII Addl. Small Causes Judge and Member. MACT, Bangalore (SCCH-15) (hereinafter referred to as Tribunal' for short).2. By the impugned judgment and award, the Tribunal has awarded a sum of 8,29,500/-, with interest at 8% p.a., from the date of petition till its deposit, as against the claim made by the claimants for a sum of ?15,09,000/- on account of the death of the deceased Sri. L. Krishnamurthy in the road traffic accident.3. In brief, the facts of the case are:The claimant No. 1 is the wife, claimant Nos.2 and 3 are the children and claimant No.4 is the mother of the deceased Sri. L. Krishnamurthy and they have filed a claim petition before the Tribunal under section 166 of M.V. Act, claiming compensation of ^15,00.000/-, on account of the death of the deceased in the road traffic accident, contending that, on 14.3.2002 at about 4.3...
Sri.N.Somanatha Gowda, Vs. Smt.Puttamma, W/O Late Muniyappa and ors
Court: Karnataka
Decided on: Nov-08-2010
1. This is plaintiffs second appeal challenging the judgment and decree dated '7.9.2003 passed in KA.No.75/1991 on the file of Addl.Civil Judge (Sr.Dn), Kolar, wherein the judgment and decree dated 22.7.1991 passed in OS.No.239/1990 on the file of Principal Munsiff, Kolar, was reversed, thereby setting aside the judgment and decree passed in favour of the plaintiff. The parties to this appeal are referred to by their rank in the trial court.2. The facts leading to (his appeal are that, the plaintiff filed a suit for specific performance against defendants 1 and 2 seeking to enforce agreement of sale dated 27.3.1989 in respect of land measuring to an extent of 1 acre 16 guntas in Sy.No.51/2B and C situated at Kallahalli village, Kasaba Hobli, Kolar Taluk. Plaintiff's case is that the defendants 1 and 2 are mother and son respectively. They entered in to an agreement with plaintiff for sale of the suit schedule property on 27.3.1989 for valuable consideration of .6,000/-. On the date of ...
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