Karnataka Court May 2010 Judgments

National Insurance Co. Ltd. Branch Manager Vs. Namadev S/O. Ramappa an ...

Court: Karnataka

S.N. Satyanarayana, J.1. These two appeals are filed by the Insurance Company challenging the quantum of compensation awarded in a common judgment dated 12.12.2006 in KAD/KNP/CR. No. 70/02 and KAD/KNP/CR No. 137/2002 by the Commissioner for Workmen Compensation, Chitradurga.2 The facts leading to these appeals are that, the claimants in the two claim petitions, who are respectively 1st respondent in both the appeals, were admittedly working as coolies under the 2nd respondent and at the relevant point of time were loaders in mini lorry bearing No. KA-16/6362 belonging to the 2nd respondent. On 24.10.2001 they were entrusted the work of traveling in the said lorry to Neralakunte Village to unload the granite carried in the said mini lorry. That at around 2 'o clock in the mid night when they were unloading the granite, due to negligence on the part of the driver, the lorry was moved resulting in the granite slab falling on the hand and feet of the aforesaid two claimants resulting in in...

H.M. Kumar S/O. Marigowda, Vs. Smt. Kempajamma W/O. H.M. Kumar D/O. Su ...

Court: Karnataka

Ashok B. Hinchigeri, J.1. This appeal is directed against the concurrent judgments and decree dated 29.9.2007 passed by the Court of the Civil Judge (Jr. Dn.), Malavalli in O.S. No. 72/2003 and dated 5.9.2009 passed by the Court of the Civil Judge (Sr. Dn.) and J.M.F.C., Malavalli in RA. No. 12/2007.2. The facts of the case in brief are that the marriage between the first appellant and the first respondent was solemnized on 29.5.1997. The second respondent is born in their wedlock on 12.2.1999. The appellant Nos. 2 and 3 are the father and mother of the first appellant respectively. After heaping the physical and mental torture on the first respondent demanding payment of additional dowry, the appellants drew her out of the matrimonial home. She filed the suit for maintenance. The Trial Court awarded the monthly maintenance of Rs. 1,000/- to each of the respondents. It also awarded Rs. 5,000/- towards the litigation expenses. Aggrieved by the said judgment, the appellants filed R-A. No...

Sri P. Lokesh S/O Puttugopal Vs. Oriental Insurance Co. Ltd. and

Court: Karnataka

B. Sreenivase Gowda, J.1. This appeal is by the claimant 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 08.03.2007, when the claimant was going on his motorcycle bearing registration No. CKA 5065 on S.D. Road Junction, Airport Road, Bangalore, a bus bearing registration No. CAP 6278 came in a rash and negligent manner and dashed against his motor cycle. As a result, he fell down and sustained injuries. Hence, he filed a claim petition before the MACT, Bangalore seeking compensation of Rs. 10,00,000/-, The Tribunal awarded him a compensation of Rs. 2,14,000/- with interest at 6% p.a.4. As there is no dispute regarding injuries sustained by the claimant in a motor road accident and the liability of the Insurance Company, the only point that arises for my consideration in the appeal is:whether the compensation awarded by t...

M.H. HussaIn S/O Late Mohamed Haneef and ors. Vs. the Oriental Insuran ...

Court: Karnataka

K. Bhakthavatsala, J.1. The appellants-claimants are before this Court under Section 173(1) of the Motor Vehicles Act, 1988, praying for enhancement of compensation by modifying the Judgment & award dated 18-10-2004 passed in MVC No. 3939/1996 on the file of the Court of Small Causes/Additional MACT at Bangalore.2. Learned Counsel appearing for the appellant submits that the deceased had passed S.S.L.C. in Second Class and had also obtained passport to go abroad for employment, but he was killed in the motor accident that occurred on 16-11-1996 due to rash and negligent driving of the bus bearing No. TDX7205. He further submits that the deceased was earning Rs. 6,000/- per month but the Tribunal has fixed the income of the deceased at Rs. 15,000/- per annum as notional income and after deducting 1/3rd of the amount of Rs. 5,000/- towards personal expenses of the deceased, fixed loss of dependency at Rs. 10,000/- per annum and applying the multiplier of 16 awarded compensation of (10,00...

T.N. Sharada, Vs. Abdul Wajid S/O Sheik Dawood and

Court: Karnataka

V. Jagannathan, J.1. This second appeal is by the defendants in the trial court aggrieved by the lower appellate court reversing the judgment of the trial court. The trial court had dismissed the suit filed by the respondents-plaintiffs for declaration that 10 feet space towards the southern side of the plaintiffs' land is a road.2. The case of the plaintiffs before the trial court was that the suit schedule property bearing khatha No. 1603-1748 and A.R. No. 7218 measuring 40' east-west and 45' north-south was purchased by them under registered sale deeds dated 23.1.1982 and 17.2.1986 and to the southern side of the plaintiffs' house, there is a house which belongs to one Laxminarayana and the site of the defendants. It was the plaintiffs' case that 10 feet road exists between the property of Laxminarayana and the plaintiffs and the defendants encroached upon the said 10 feet road to an extent of 9 feet and put up a fence and the defendants have no right to encroach the said road and, ...

Sri. Mangilal Vs. the State Information Commissioner and Others.

Court: Karnataka

Reported in: ILR2010KAR3528

ORDER1. The petitioner is questioning the initiation of proceedings under the Right to Information Act and also the order passed by the Is' respondent State Information Commissioner. The petitioner is also questioning the notice issued by the 2nd respondent under Section 79A of the Karnataka Land Reforms Act. which is an offshoot of the directions issued by the 1 respondent - pursuant to its orders dated Annexure B & G2. The matter arises in the following manner:The petitioner pursuant to various sale deeds had acquired as many as 10 sites of various extents. It appears an application is moved by one V. Bhaskar under the Right to Information Act. 2005 to the Public Information Officer. Office of the Tahsildar. Devanahalli Taluk seeking certain information in respect of these acquired lands. The information, which is sought is:(a) Copy of the Declarations filed in Form No. 12 (including Annexure 'A' & 'B') of Rule No.28 of Karnataka Land Reforms Rules. 1974 and Section 79-A of Karnataka...

Ravi B.A. Vs. Managing Director, Representing Bescom and Others.

Court: Karnataka

Reported in: ILR2010KAR3253

ORDER1. Petitioner an employee of the respondent -Bangalore Electricity Supply Company Limited discharging duties as an Assistant Engineer on probation, is entrusted with the maintenance of 18 feeders of electric supply connected to 64 villages, in addition to looking after "Works unit and revenue collection. According to the petitioner, maintenance of electric feeders for supply of electricity amongst others, includes the maintenance of primary and secondary line of electric supply and maintenance of transformers requiring materials like transformers, wires, poles, insulators, cross-arms, guy-wire, etc. In the discharge of duties, the petitioner is required to draw from the stores the required materials by submitting estimates and indents, which when placed before the Executive Engineer - the Divisional Head of the Company, work orders are issued. The petitioner further states that he is required to return unused and scrap materials to the Divisional Stores including failed transforme...

Sri. B.S. Ananth, S/O K. Shesha Iyengar, Archak and ors Vs. Sri. B.S. ...

Court: Karnataka

Reported in: ILR2010KAR3492

1. Petitioners claim to perform duties of Archaks in different temples, concerned with the protection of respective agamas, tradition, sampradaya as also hindutva, an hakship and its religious sacrosanct and sentimental values. Petitioners state that they are not Pandits in vedas but are in the habit of visiting temples frequently to attend poojas, homas. etc.. and in that process, having learnt to chant vedas, hymns, participate in other religious offerings like yagnas, homas, poojas, etc. It is the allegation of the petitioners that social values and faith in the youth of the present generation are eroded due to the influence of western culture necessitating the preservation of sanctity and sincerity in the performance of religious rights and duties. Petitioners claim that for an ordinary Hindu, they are the only messengers to God so as to reach God and seek His blessings. It is further stated that the State of Karnataka formed a Samithi named 'Karnataka State Agama Shikshana and Par...

Sri. B.S. Ananth S/O K. Shesha Iyengar, Archak. and ors Vs. State of K ...

Court: Karnataka

Reported in: ILR2010KAR3492

1. Petitioners claim to perform duties of Archaks in different temples, concerned with the protection of respective agamas, tradition, sampradaya as also hindutva, an hakship and its religious sacrosanct and sentimental values. Petitioners state that they are not Pandits in vedas but are in the habit of visiting temples frequently to attend poojas, homas. etc.. and in that process, having learnt to chant vedas, hymns, participate in other religious offerings like yagnas, homas, poojas, etc. It is the allegation of the petitioners that social values and faith in the youth of the present generation are eroded due to the influence of western culture necessitating the preservation of sanctity and sincerity in the performance of religious rights and duties. Petitioners claim that for an ordinary Hindu, they are the only messengers to God so as to reach God and seek His blessings. It is further stated that the State of Karnataka formed a Samithi named 'Karnataka State Agama Shikshana and Par...

Sri. Vikram Kirloskar Vs. State of Karnataka and Another.

Court: Karnataka

Reported in: ILR2010KAR3349

ORDER1. In these petitions filed under Section 482 of Cr.P.C. (for short, 'the Code'), the petitioners who have been arraigned as accused persons in C.C.No. 1097/2004 on the file of the Civil Judge (Jr.Dn.), and JMFC Harihar in Davangere District, have sought for quashing the criminal prosecution launched against them in the said case.2. Facts which have led to filing of these petitions in brief are as under:Respondent No. 1 herein namely V.S.Kuber was an employee of M/s Mysore Kirlosker Limited, Unit III Sattur, later shifted to Yantrapur, Harihar. By order dated 30.9.1986, the Management of Mysore Kirlosker Limited dismissed him from service. Contending that his dismissal from service by the Management is illegal and contrary to law, respondent No. 1 filed peMtion under Section 10 (4-A) of the Industrial Disputes Act, 1947 (for short 'the ID Act). The Labour Court by award dated 8.7.2002 set aside the order passed by the Management dismissing respondent No. 1 from service and directe...