Karnataka Court November 2010 Judgments
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The National Insurance Company Limited Vs. Sri. Nawal Kishore Jaiswal. ...
Court: Karnataka
Decided on: Nov-03-2010
1. This appeal by the Insurance Company is directed against the impugned judgment and award dated 28' December 2006. Passed in M.V.C.No.6758/2005. by the XVI Additional Judge. Member. Motor Accident Claims Tribunal, Metropolitan Area. Bangalore, (SCCH 14). (For short. Tribunal') for reduction of compensation on the ground that, the compensation of 6,67,000/- awarded in favour of the claimants as against their claim for 90.00 Lakhs, is on the higher side and needs to be reduced. 2. The facts in brief are that the respondents No.1 and 2 herein, being the parents of the deceased Manish Kumar Jaiswal filed a claim petition under Section 166 of the Motor Vehicles Act. contending that at abuut 12:45 P.M., on 28-04-2005, when the deceased was riding his motor cycle bearing No.KA-03/EC-6719, by observing all the traffic rules, on the left side of the road, he met with an accident near KMF Bus stop, Marathahalli, on account of rash and negligent driving by the driver of Lorry bearing Registrat...
Sri. Rangaswamy S/O Mayannagowda Vs. State of Kamataka and ors
Court: Karnataka
Decided on: Nov-03-2010
ORDER1. The petitioner is alleged to have abetted the commission of suicide of deceased Pravish.2. Heard the learned counsel for petitioner and the learned Government Pleader for the State and I have been taken through the first information lodged by the brother of deceased wherein, it is stated that the deceased had alleged that his parents and the petitioner-(Panchayatdar) were responsible for his suicide.3. On going through the contents of the first information, I find that the allegations made of against the petitioner, prima-facie do not attract an offence punishable under Sec.306 IPC.4. Is the circumstances, without going into further details, direction sought for is granted for a limited period tenable the petitioner to seek regular bail.5. In the result, I pass the following:ORDERPetition is accepted. Petitioner is granted anticipatory bail, subject to following conditions:1) If the petitioner is arrested in Crime No.144/2010 of Kirisave P.S. Hassan District, registered for the...
Krishna S/O Hanamanth Reddikoppad and ors Vs. the State of KarnatakA.
Court: Karnataka
Decided on: Nov-03-2010
ORDER1. A case has been registered by the Kerur Police against the petitioners in Crime NO. 123/2010 for offences punishable under Section 80. 81 OF KP ACT AND 143. 147. 148. 336. 342, 323 324. 504. 506. 109, 353, 307 R/W 149 OF IPC.2. Learned counsel for the petitioners submitted that the petitioners have been falsely implicated in the ease and in fact they were playing cards but not andar-bahar. Since it was a festival day. the people surrounding the village gathered and they were playing cards not: for gambling purpose. As it is stated in the complaint itself about 17 police officials on receiving the credible information that the petitioners were gambling went to the spot and gherowed the said assembly and on enquiry, the police came to know about names and address of each one of them who were about 44 persons and two of the said unlawful assembly escaped and brought about 50-60 people to the spot and they were armed with stones, clubs etc. those persons who were arrested were gran...
Mrs Vallarmathi, W/O. Late Sandanam and ors Vs. Mr. G Narashima and th ...
Court: Karnataka
Decided on: Nov-03-2010
1. This appeal is by the claimants for enhancement of compensation awarded by the Tribunal.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 28-3-07. When the deceased Sandanam was a. pedestrian on 80 feet road, opposite Om Shakthi temple, Kalyananagara, Bangalore, the driver of Indicab bearing registration No. KA-53-1062 came with high speed, in a rash and negligent manner and dashed against him. As a result, he fell down and sustained grievous injuries and succumbed to the injuries in the hospital on 31-3-07. His wife, four minor daughters and mother filed a claim petition before the MACT. Bangalore, seeking compensation of Rs. 10.00,000/-. The Tribunal by impugned judgment and award has awarded compensation of Rs.4.01,000/- with interest at 6% p.a. Aggrieved by the quantum of compensation awarded by the Tribunal the claimants are in appeal seeking enhancement of com...
The Deputy Chief Engineer Vs. the Land Acquisition Officer and Sri. H. ...
Court: Karnataka
Decided on: Nov-03-2010
1. This appeal along with Misc.Cvl coming on for Orders this day, the Court delivered the following:Tras appeal was filed questioning an award passed by a Reference Court. The appeal was filed on 13.4.09 with a nominal Court fee. During scrutiny, the Registry noticed the defects in filing of the appeal including the non payment of the prescribed amount of the Court fee vis-a-vis the valuation of the appeal.2. The appeal having been listed for non-compliance of the office objections, a peremptory order was passed on 2.9, 09. permitting the appellant to comply with the office objections within one week by depositing cost of Rs. 1,000/- in Bangalore Mediation Centre. The office objections having not been complied with within the time allowed, the order took effect and as a result, the appeal stood dismissed for non-prosecution.3. Seeking setting aide of the said order and to restore the appeal, Misc. Cvl. 16321/09 was filed. A perusal of the said misc. application, more particularly, the ...
Radha @ Ramakka W/O Late Hanumanthaiah and ors Vs. Rajalaxmi W/O Ramak ...
Court: Karnataka
Decided on: Nov-03-2010
1. This appeal is by the claimants for enhancement of compensation awarded by the Tribunal.2. For the sake of convenience, the parties are referred to as they are referred to in the claim petition before the Tribunal. 3. The brief facts of the case: On 28.12.2006, when the deceased Hanumanthaiah @ Hanumantharayappa, was standing on the road along with his TVS Moped bearing registration No. KA-03-X-7229 near U turns at Byadrahalli on BangaJore-Tumkur Road, a lorry bearing registration No. TN-67-V-3552 came from behind in a rash and negligent manner and dashed against his moped. As a result, he sustained grievous injuries and was immediately shifted to Harsha Hospital, Nelamangala and then shifted to Government Hospital and treated as inpatient for 10 days and later died on 06.01.2007. Hence, his wife and two minor children filed a claim petition before the MACT, Bangalore seeking compensation of RS.5,00,000/-. The Tribunal awarded them a compensation of Rs.3,20,000/- with interest at 6%...
The Joint Commissioner for Transports and the Asst. Regional Transport ...
Court: Karnataka
Decided on: Nov-03-2010
1. Heard the learned Government Advocate as well as the Counsel appearing lot the respondent/owner.2. The controversy is with regard to non-use of vehicle bearing No. KA-01/AA-6565 which was admittedly surrendered on 31.5.2006 to the Department and intimated to the concerned authorities as per the Government Notification. It is not in dispute that by an application on 31.5.2006 intimating non-use of the vehicle resulting in no liability to pay tax, a provisional acceptance of the application came to be made on 1.6.2006.3. However on 19.6.2006 the concerned Motor Vehicle Inspector said to have visited the spot and made a report that the vehicle was not found at the time of visit at the declared place of the vehicle. Therefore, a demand notice was sent from the Department to pay the taxes. Aggrieved by the same, an appeal came to be tiled before the Appellate Authority under the Act and the same came to be dismissed on 8.12.2006. As the orders of the Appellate Authority were final, a wri...
Sri Srinivas S/O Nagarajappa Vs. the Managing Director Apsrtc
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 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 31.10.2005, when the claimant was travelling in a canter vehicle bearing registration No.KA-14-M-7699 towards Gowribidanur near Kamalapura at Thondebhavi, the driver of the APSRTC bus bearing registration No.KA-ll-Z-1644 came in a rash and negligent manner and dashed against the canter. As a result, the claimant sustained injuries. Hence, he filed a claim petition before MACT, Bangalore seeking compensation of Rs .6,00,000/-. The Tribunal awarded him a compensation of Rs.2,02,400/- with interest at 6% p.a.5. As there is no dispute regarding occurrence of accident, negligence and liability of the insurer o...
Sri B V Rama Moorthy. Vs. Bangalore Development Authority and ors
Court: Karnataka
Decided on: Nov-03-2010
1. The petitioner has approached this Court challenging rejection of his application seeking permission to the written statement.2. The facts relevant for the purpose of this petition are as under; The petitioner herein is defendant No.3 before the Court below in O.S,No.8950/2001. Though the suit summons was not served upon him, he appeared before the Court but he did not filed the written statement within the time prescribed. There was delay of more than 5% years in seeking permission of the Court to file written statement. Accordingly, the petitioner filed an application seeking permission to -lay written statement and he claims that he has engaged an advocate. Defendant No.1 was deleted by filing a memo and that his counsel was not property attending the Court and further states he has good case on merits. Under these circumstances, is fifed an application seeking permission to fit Written statement. The application was opposed on the ground that inordinate delay of more than 3 year...
Shivadas N. S/O Late Neelakantachar Vs. the Registrar Jnana Bharthi
Court: Karnataka
Decided on: Nov-03-2010
ORDER1. The petitioner had joined Vidyodaya Law College, Tumkur, for the study of three years LLB Course for the academic year .1990-1991. He has completed the course during the academic year 1992-1993. It is the case of the petitioner that in the first year he has passed in one subject namely "Law of Torts". In the second year, he has passed in "Hindu Law", "Transfer of Property Act Indian Trust Act". In the third year, he has passed in one subject "Civil Procedure Code and Evidence Act". He has failed in all other subjects. The University has not permitted him to appear in the examination in the failed subjects on the ground that he ought to have passed in all the subjects within ten years from the date of his admission. Therefore, petitioner has tiled this writ petition seeking permission to appear in the examination in the failed subjects of three years LLB Course.2. The learned Counsel for the petitioner submits that as a last chance, the petitioner be granted an opportunity to ap...
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