Karnataka Court November 2010 Judgments
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M/S New India Assurance Co. Ltd Vs. Venugopal, and G.Kalpana Major
Court: Karnataka
Decided on: Nov-03-2010
1. This appeal by the insurer is directed against the impugned judgment and award dated 26.11.2004 passed in MVC No.6083/2003 on the file of the Additional Judge & Member, Motor Accidents Claims Tribunal-V, Court of Small Causes, Bangalore City (SCCH-5), (for short Tribunal'). The Tribunal by its impugned judgment and award, awarded a sum of no.21.700/- with interest at 6% p.a. from the date of petition till to the date of deposit with full costs as against the claim of the respondent for 15,00,000/-. Being aggrieved by the quantum of compensation, the insurer is before tins Court seeking reduction of compensation.2. The brief facts of the case are:That on 25.8.2003, at about 7.45 p.m. the claimant was travelling in a lorry bearing IVo.KA-14-6255 as a loader-cum-cleaner. When the lorry came near Alakapura Gate, the driver of the said lorry drove the same in a rash and negligent manner with high speed and dashed against the Canter bearing No.KA-07-2367 which was coming from the opposite...
Sri. Ravichandra S/O. Veerabhadrappa Vs. Sri. B. Padmavathamma, and th ...
Court: Karnataka
Decided on: Nov-03-2010
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 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 16-1-07, when the claimant was proceeding on motor cycle bearing registration No. KA-01-ED-688 as a pillion rider, near Belandur gate. Electronic city, the lorry bearing registration No. AP-26-U-3477 came with high speed in a rash and negligent manner and dashed against their motor cycle. As a result, the claimant fell down and sustained injuries. Hence, he filed a claim petition before theMACT, Bangalore, seeking compensation of 6,00,000/-. The Tribunal by impugned judgment and award has awarded compensation of 1.01,200/-with interest at 8% p.a. Aggrieved by the quantum of compensation awarded by the Tribun...
Anitha D/O. Late Shivannagowda Vs. the Manager. M/S. Oriental Insuranc ...
Court: Karnataka
Decided on: Nov-03-2010
1. This appeal is by the claimant challenging the award made by the Tribunal, both on the ground of negligence as well as quantum of compensation.2. Heard.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 19-9-06, when the claimant was crossing Bannerghatta road at Hulimavu gate, opposite to bus stand, to go to garment factory, a motor bike - Hero Honda Splendor bearing registration No. KA-05-EO2436 came in a rash and negligent manner and dashed against her. As a result, the claimant fell down and sustained injuries. Hence, she filed a claim petition before the MACT, Bangalore, and seeking compensation of 7.3.50,000/-. The Tribunal by impugned judgment and award has awarded compensation of 7.39,408/- with interest at 6% p.a. Aggrieved by the quantum of compensation awarded by the Tribunal the claimant is in appeal seeking enhancement of compensation.5. There is no dispute regar...
Sri Subramanya Upadhya and anr Vs. the Deputy Commissioner Dakshina Ka ...
Court: Karnataka
Decided on: Nov-03-2010
ORDER1. Heard on Misc.W.9265/2010 & Misc.W.9286/2010.2. These applications have been filed for recalling the order dated 13.1.2010, though four weal. 5 times is granted to comply with the office 003ecticns, the same was not complied with.3. Since the office objections are not complied within the time granted by this Court. The appeal stood dismissed by peremptory order passed on 13.1.2010.4. Misc.W.$286/2010 is filed to recall the order dated 13.1.2010 & Misc.W.9285/2010 filed to condone the delay of 212 days in filing the recalling application. Both affidavits supporting the applications reveal that the applicant was suffering from chickengunnia fever, the office objections could not be complied with.5. In view of the averments trade in the affidavits supported to the applications, sufficient cause has been made out, it is unnecessary to issue notice to the respondents regarding the above said applications.6. Having regard to the averments made in the affidavits supported to the appli...
Smt R .G.Chinnamma W/O. Lats Gowindarajulu Naidu and ors Vs. Sri. S. U ...
Court: Karnataka
Decided on: Nov-03-2010
ORDER1. The petition is filed challenging the order allowing the application filed by the legal representative of the plaintiff to com on record under Order 22 Rule 3 r/w. Sec. 151 CPC.2. The facts reveal that one Smt.S.Lakshmidevamma instituted a suit bearing O.S.Ho.252/1969 seeking the relief of partition, deck ring out she is entitled to % the share in the gifted properties and directing a partition of the properties by metes and bounds. During the pendency of the suit, the plaintiff Smt S. LakshxnJdevarnina died on 24& May, 1999 and thereafter the first respondent claiming to he an adopted son of deceased Smt.S.Lakshmidevamma, filed an application to bring him on record in the place of deceased Smt. S,Lakshmidevamma. In support of the application he filed an affidavit stating that deceased Smt. S. Lakshmidevamma had taken him in adoption in her lifetime when he was aged about II years old and there was a registered adoption deed, later and that on the death of the deceased, the rig...
Sri. Sathish Kumar, S/O Vijaya Ragava Reddy Vs. State Bank of India an ...
Court: Karnataka
Decided on: Nov-03-2010
ORDER1. This petition is filed by the applicant in OA. No.643/2003 on the file of the Central Administrative Tribunal, Bangalore Bench, Bangalore (hereinafter called as Tribunal') being aggrieved by the order dt. 7th June 2004, wherein the Tribunal has declined to grant the prayer sought for in the application of stepping up of pay on par with the junior of the applicant w.e.f. 1.5.1993 along with interest at 18%. 2. The petitioner herein is in the services of the respondent. Since there was disparity between the amount of salary received by him and the third respondent and he was not entitled to fixing of pay scale on oar with the salary of the third respondent O.A. No.350/2001 was filed by the petitioner herein before the Tribunal for quashing of the order dt. 20.3.2000.The Tribunal allowed the said application vide order dt. 3.6.2002 with the following observations:"For the above reasons, we find merit in the application and the application is accordingly allowed and the order dated...
Miss. Vinaya Kumari D/O. Late Dejappa Vs.
Court: Karnataka
Decided on: Nov-03-2010
1. This appeal is by the claimant for enhancement of compensation awarded by the Tribunal heard.2. Heard.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 13-8-04, when the claimant was travelling in a bus bearing registration No.KA-20-B-888 from Bvkampadi side towards Mangalore, near Panambur circle, it met with an accident due to rash and negligent driving of the bus by its driver. As a result, the claimant sustained injuries. Hence, she filed a claim petition before the MACT. Dakshina Kannada. Mangalore Seeking compensation of 5.00.000/-. The Tribunal by impugned judgment and award has awarded compensation of 98,200/- with, interest at 6% p.a. Aggrieved by the quantum of compensation awarded by the Tribunal the claimant is in appeal seeking enhancement of compensation.5. As there is no dispute regarding occurrence of accident, negligence and liability of the insurer of the o...
Smt. Jainabi W/O Late Abdul Rahiman and ors Vs. Shankaranarayana Bhat ...
Court: Karnataka
Decided on: Nov-03-2010
ORDER1. Respondent No.1 filed O.S.No.75/2009 against Abdul Rahiman and the second respondent for the relief of permanent injunction and mandatory injunction in respect of the plaint schedule property. The first defendant Abdul Rahirnan after filing the written statement and a counter claim, passed away. The plaintiff filed IA.NOB.11 to 13 to bring the LR's of the deceased first defendant on record by setting aside the abatement and condoning the delay in making the LR application. The petitioners who are the LR's of the said deceased first defendant have been brought on record of the suit, on account of the order passed by the Trial Court, on the aforesaid applications. These writ petitions are directed against the common order dated 08.09.2010 passed by the Trial Court allowing IA.JVoB.11 to 13.2. Sri.L Sudhakar Pai, learned Counsel appearing for the petitioners contended that, the cause of action for the suit insofar as the first defendant is concerned has abated on account of his de...
Sri Kariya Naik S/O Krishna Naik Vs. the State of Karnataka and ors
Court: Karnataka
Decided on: Nov-03-2010
ORDER1. This writ petition is filed by the applicant before the Karnataka Administrative Tribunal, being aggrieved by the identical order passed in Application No.6604/2010 dated 20.10.2010, wherein, the Tribunal has passed identical order declining the prayer for granting they at the stage of issuing notice to the respondents and has directed that all applications and Blinilax connected applications should be posted after service of notice. Petitioner herein filed application before the Karnataka Administrative Tribunal, being aggrieved by the jirendmonr to C & R Rules and the consequential order of repatriation of the petitioner. An application for Btay is filed along with the petition. In all the applications the Learned Tribunal by order dated 20.10.2010 after considering the contention of the Counsel appearing for the parties observed as follows:- therefore, at this stage, to decline to grant stay. List these applications and similar connected applications after service of notice,...
A.S.Prabhakar, S/O Siddegowda Vs. B. Mallesh, S/O Annegowda
Court: Karnataka
Decided on: Nov-03-2010
1. This appeal is by the complainant assailing the order of the JMFC, K.R.Pet, in C.C.No. 174/2006 dated 08.7.2008.2. According to the complainant, the accused had borrowed a sum of Rs.2,00.000/- during February 2005 agreeing to repay the same with 2% interest and, towards discharge of the said liability, had issued a cheque drawn on Vishveshvaraya Grameena Bank, Thondekere Branch, which on presentation for encashment, came to be dishonored as 'account closed'. Accordingly, after issuance of legal notice, the case was filed. The trial Court, after enquiry, has dismissed the complaint. Hence, this appeal. 3. Heard.4. The trial Court, relying upon the judgment of Krishna Janardhan Bhat's case reported in AIR 2008 SCW 738. has dismissed the complaint, having opined that the complainant has failed to establish the guilt of the accused for the offence punishable under Section 138 of the Negotiable Instrument Act.5. According to the accused, he has lost the cheque in question along with othe...
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