Karnataka Court January 2011 Judgments
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Suhas S/O Somasekhar. Vs. the Oriental Insurance Co. Ltd., by Its Mana ...
Court: Karnataka
Decided on: Jan-21-2011
1. Petitioner in MVC 3302/05 on the file of a Small Causes, SCCH-7, Bangalore is the appellant in this appeal.2. Case of the petitioner is that on 24.04.05 at about 4.15 p.m. when he was riding his motor cycle bearing Registration No.KA05-EE-5050 at Jayanagar Bangalore, the driver of the Car bearing Registration No.KA05-P-4973 has driven the car rashly negligently and hit the two wheeler driver. It resulted in accident. For the pain agony suffered, petitioner seek for a compensation of Rs.5.00.000/-. The insurer of the vehicle/respondent No.2 has filed objections, deny the case pleaded, submit that if the petitioner were to prove the accident, and that the petitioner is entitled for compensation, it may be awarded with interest 6% p.a.3. PW1 is examined. Exhibits P1 to P11 are marked. Policy is marked as exhibit R1. The learned member of the tribunal has awarded Rs.55.000/ as compensation. Aggrieved by the said order of fixing the compensation, the appeal is preferred.4. Learned advoca...
The Chairman and Managing Director Bangalore Metropolitan Transport Co ...
Court: Karnataka
Decided on: Jan-21-2011
1. In this writ petition the petitioner has prayed for a writ in the nature of certiorari to quash the order dated 11.3.2008 in Application No.28/2002 passed by the labour Court, Bangalore dismissing the application filed by the petitioner under Section 33 (c)(2) of the Industrial Disputes Act, 1947 (for short 'ID Act').2. Petitioner is a Conductor in the respondent Corporation. For certain misconduct committed by the petitioner, the respondent dismissed him from service on 25.06.1975. Subsequently, the petitioner raised a dispute in ID No.27/1987 arid the same came to be ended in passing an Award directing reinstatement and back wages was denied. Subsequently this court in W.P. No. 14393 1991 awarded back wages. The order of this Court came to be confirmed by the Supreme Court in SLP No.8469/1998, vide order dated 27.08.1999.3. During the pendency of the proceedings before this Court, the petitioner was reinstated as badali Conductor on 25.08.1991. Subsequently, the petitioner was pet...
M/S.Nacons. Vs. Sri S.Sridhar. S/O Late H.Srinivasan.
Court: Karnataka
Decided on: Jan-21-2011
1. Order dated 01.01.201 1 passed in Execution Application No. 147/2010 passed by the I Addl. District Consumer Disputes Redressal Forum, Bangalore Rural, is challenged in this writ petition.2. The execution petition came to be instituted alleging that the order dated 17.06.2010 passed in Complaint No.3070/2009 by the District Forum as affirmed by the State Consumer Disputes Redressal Commission in. Appeal No.3432/2010 disposed of on 22.11.2010, was not complied with.3. The direction issued in the complaint filed by the respondent herein is, that the opposite party shall furnish the copies of. (i) Certificate issued by the Electrical Inspector for the use of the lift; (ii) Occupancy certificate issued by the BDA/BBMP; 4. The District Forum directed to furnish the aforesaid certificates within 90 days from the date of receipt of the order. The State Commission has dismissed the appeal at the stage of admission. Tire said order has attained finality. When the petitioner herein did not fu...
Smt.Dhanalakshmi, W/O Subramani. Vs. the Karnataka State Transport Aut ...
Court: Karnataka
Decided on: Jan-21-2011
1. In these petitions, petitioner is seeking for a writ of certiorari to quash the order dated 27.10.2009 passed by the Karnataka State Transport Appellate Tribunal in R.P.Nos.714/2007 and 1499/2007 at Annexure 'A and for grant such other reliefs.2. As per the events, a joint survey has been conducted by the competent authority in the presence of the representatives of KSRTC and others on 7.9.2006 and by a resolution of the 1st respondent, it was decided to grant stage carriage permit to the petitioner. Being aggrieved by the said resolution, revision petitions were filed by the 2nd respondent-KSRTC and the 3rd respondent. Ultimately, impugned order came to be passed by the Tribunal allowing the revision and setting aside the permit granted to the petitioner by order dated 27.10.2009. Hence, these petitions.3. According to the petitioner, the Is' respondent-KSTA has ensured that joint sat vey is conducted as per the direction of this Court in the case of KSRTC v. Pauli Govis reported i...
Darshan Churiwala, S/O Bharat Churiwala, and ors. Vs. the Directorate ...
Court: Karnataka
Decided on: Jan-21-2011
1. Beard learned senior counsel Shri Nanjunda Reddy for the petitioners and learned Central Government Special Public Prosecutor Shri Urval N.Ramanand for the respondent in respect, of the petition filed seeking extension of anticipatory bail in favour of the petitioners.2. The submission of the learned senior counsel for the petitioners is that, the trial court, at the first instance, granted anticipatory bail for a period of 20 days by imposing conditions and. after the said period got over, following the summons issued to the petitioners pursuant to Section 108 of the Customs Act, 1962 ("the Act" for short), the petitioners made an application for the anticipatory bail to be extended. But the trial court, on the second occasion, rejected the application and, therefore, the petitioners are before this court.3. The further submission of the learned senior counsel is that, as the petitioners apprehend arrest by the respondent in view of the power of arrest conferred on the customs offi...
Praveenkumar S/O. Basavaraj Totaganti. Vs. the State of Karnataka Repr ...
Court: Karnataka
Decided on: Jan-21-2011
1. Mr.G.G.Chagashetti and Sri l.R.Biradar, advocates for the petitioner. Mr.R.G.Kolle. learned Additional Government Advocate accepts notice on behalf of the respondents.2. Learned counsel for the rival parties are agreed, that the present controversy is squarely covered with the judgment rendered by this Court in Golayya vs. The State of Karnataka and others. Writ Petition No.80817/2009(GM-MM-S), decided on 2.6.2009.3. In the light of the above, learned Additional Government Advocate for the respondents states, that if the petitioner produces authentic material before respondent Nos.2 to 4 showing, that royalty was paid in respect of the sand being transported (from a licensed quarry owner) from whom, the petitioner had purchased the sand, the respondents would refund the royalty charged from the petitioner.4. Accordingly, the petitioner is granted liberty to produce material before the concerned respondent Nos.2 to 4 depicting, that royalty had already been paid by the licensed quarr...
Smt.A.S.Devika W/O K.Dandapani. Vs. Sri Harish Kumar Melna S/O Balaram ...
Court: Karnataka
Decided on: Jan-21-2011
1. This is a claimant's appeal for enhancement of compensation.2. I have heard learned counsel for claimant and learned counsel for Insurance Company.3. As per medical records and evidence of PW3-Dr.B.Ramesh, claimant, had suffered fracture of right patella and associated simple injuries. The claimant was initially treated in Shekhar Hospital and later admitted in Victoria Hospital at Bangalore. The claimant was aged about 43 years at the time of accident and she was working as an Administrative Officer in New India Assurance Company Limited Divisional Office at Bangalore. On subsequent examination of claimant PW3 has found that claimant has restricted movements of right knee joint.4. The Tribunal has awardedcompensation of Rs.53.000/ under following heads:1. Pain and suffering:Rs.20.000/-2. Medical expenses:Rs. 1.000/-3. Attendant charges:Rs.2.000/-4. Loss of amenities & enjoyment of lifeRs.5.000/-5. Loss of earnings during treatment period: Rs.25.000/-Total:Rs.53,000/-5. On reconside...
Chikkabyrappa, S/O Muddaiah. Vs. the Oriental Insurance Co. Ltd, and a ...
Court: Karnataka
Decided on: Jan-21-2011
1. The claimant in MVC No.2480/2004 on the file of MACT, Court of Small Causes. Bangalore-SCCH-7. is the appellant.2. Facts necessary for consideration of the appeal are as under: It is claimed that the petitioner herein along with petitioner in MVC No.2478/2004 while travelling along with their- vegetables in a tempo bearing Regn. No.KA 05/3643 on BM Road from Ramnagar to Bangalore, the driver of the lorry bearing Regn. No.CAA-6000 dashed against the tempo. It resulted in injuries. So the present petitioner and the other petitioner in the other MVC have filed claim petitions. Both the cases are clubbed and evidence is recorded. PWs.1 to 3 is examined. Exhibits P-1 to P-12 is marked. Learned member of the Tribunal while assessing the evidence, has awarded compensation of Rs.39, 000/-.3. The learned counsel for the appellant submits that there is disability to the petitioner, on account of the accident. The petitioner is a coolie, aged about 55 years. On account of disability, it has im...
Sri Vijaykumar C.T. S/O Late Thimmaiah. Vs. Yogesha, S/O Mariyappa, an ...
Court: Karnataka
Decided on: Jan-21-2011
1. The claimant in MVC No.455/2001 on the file of Addl. District Judge and MACT. Chikmagalur, is the appellant.2. Facts necessary for consideration of the appeal are as under: The petitioner was working as a Driver in Coffee Board, Chickmagalur. On 20.8.2001 at about 4.00 pm he was going to his house on scooter bearing Regn. No.MES.8611 driven by one Vasanthkumar. At that: time, in front of Fort Extension, a Tipper lorry bearing Regn. No.CNT-8390 driven by its driver rashly, negligently, dashed against the scooter, it resulted, in. the accident, petitioner sustained injuries including grievous injuries. So for the pain and suffering, he seeks for compensation.3. Learned member of the Tribunal has examined PW 1. Exhibits P-1 to P-23 are marked. Policy is marked as Ex.R- .1.4. Heard the learned advocate for the Insurance Company . Perused the records. The wound certificate Ex.P-7 marked by the learned member of the Tribunal disclose the following injuries:1.Multiple laceration on the bri...
M.V.Venkatesh, S/O Late Munianna Shetty, and ors. Vs. the Karnataka St ...
Court: Karnataka
Decided on: Jan-21-2011
1. In these petitions, petitioners are seeking for a writ of certiorari to quash the order dated 27.10.2009 passed by the Karnataka State Transport Appellate Tribunal in Rev.P.Nos.734 & 1492/2007. 737/2007 and 1498/2007, 738/2007 and 1490/2007 and 716/2007 and 1502/2007 at Annexs. J. K, L and M respectively and for grant such other reliefs.2. As per the events, a joint survey has been conducted by the competent authority in the presence of the representatives of KSRTC and others on 7.9.2006 and by a resolution of the 1st respondent, it was decided to grant stage carriage permit to the petitioner. Being aggrieved by the said resolution, revision petitions were filed by the 2nd respondent-KSRTC and the 3rd respondent. Ultimately, impugned order came to be passed by the Tribunal allowing the revision and setting aside the permit granted to the petitioner by order dated 27.10.2009. Hence, these petitions.3. According to the petitioner, the Is' respondent-KSTA has ensured that joint sat vey...
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