Karnataka Court January 2011 Judgments
M/S. the New India Assurance Co. Ltd. Vs. Smt. JowarammA. W/O. Puttasw ...
Court: Karnataka
Decided on: Jan-27-2011
1. This appeal is by the insurer of autorickshaw bearing registration No. KA-12-205 challenging the award of the Tribunal on the question of liability.2. Heard the learned Counsel appearing for the parties.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 as pleaded in the claim petition are:That on 3-8-95, when the deceased Jawaramma after finishing her work as mazdoor' in Mahalaxmi Coffee Curing Works was returning in an auto rickshaw bearing registration No.KA-12-205, near Consolidated Coffee petrol at Kushalnagar, another auto rickshaw bearing registration No. CNG 6562 came in a rash and negligent manner and dashed against the said auto rickshaw. As a result, the claimant sustained grievous injuries and immediately she was taken to Kushainagar Government Hospital. Hence, she filed a claim petition before the MACT. Madikeri, seeking compensation. During the pendency of the petition, .sh...
Tag this Judgment!M/S. United India Insurance Co. Ltd. Vs. Smt. Yallamma W/O Late Sri.An ...
Court: Karnataka
Decided on: Jan-27-2011
1. The legality and correctness of the order dated 26.7.2006 passed by the Commissioner for Workmen's Compensation, Davanagere, in case No.CR-51/06 is called in question by the appellant-Insurance Company.2. Respondent No. 1 -Yallamma filed a claim petition claiming compensation on account of the death of her husband Anjinaiah who was working as a loader and unloaded in the lorry bearing registration No.KA-35/3950 of respondent No.2. It is stated that on 10.6.2004. at about 10 a.m., while he was loading the paddy bags to the lorry, he fell down from the lorry along with the paddy bag which resulted in multiple injuries. He was immediately shifted to Vims Hospital. Bellary where he died on 14.6.2004 Thereafter, the claim petition was filed. Respondent No.2 - Owner did not contest the ease and did not dispute I tie relationship of employer and employee. The appellant-Insurance Company contended that the accident had not occurred while using the vehicle in question and therefore, there is...
Tag this Judgment!Sri.Lingaiah, S/O Sri.Linge GowdA. Vs. the Secretary, the Regional Tra ...
Court: Karnataka
Decided on: Jan-27-2011
1. Learned Government Pleader i:-: directed to take notice.2. Petitioner has .sought for issuance of writ of mandamus to the respondent/ Secretary- RTA, Mandya to assign the timings as per the resolution dated 12.09 2000 at Annexure 'A'.3. Petitioner is said to be the holder of stage carriage permit No 14/1993-94 for the route from Nanjangud to Tiptur and back. The application filed by him for grant of variation of the conditions of permit was considered by the RTA, Mandya under Subject No.84/2000 in the meeting held on 12.09.2000 and also granted revision of timings and directed the Secretary to assign timings after hearing the existing operator on the route in question.4. The grievance of the petitioner is that in spite of several requests and demands, the respondent-authority has not taken up the subject tor assignment of timings.5. Heard.6. It is seen that the RTA, Mandya after considering the request of the petitioner has passed a resolution way back in the year 2000 and as is evi...
Tag this Judgment!Asgar. S/O Syed ShA. Vs. State of KarnatakA. by Rfo. Thithimathi.
Court: Karnataka
Decided on: Jan-27-2011
1. Heard bail petition filed by A-3 who is one of the three accused in F.O.C.Ne.34/2010-11 in respect of the offences punishable under sections 104(A), 104(D), 71(AL 24(6), SO of the Karnataka Forest Act, 1963 and Rules 144 r/w 165, 127(A) of the Karnataka Forest Rules2. The complaint allegations in short are that, on 21.11.10. the Forest officials stopped a car and found the inmates carrying 8 pieces of black wood logs of 0.0763Cms. and the petitioner was disclosed by the other accused persons.3. Stating that, a person can carry up to 10Cms. black wood logs, and in the instant case, what was found carried by the accused persons being less than 1Cm., offence may at the most attract fine and therefore anticipatory bail is sought.4. I laving regard to the aforesaid submission made by the petitioner's counsel and also taking note of the submission made by the learned Government Pleader for the respondent-State, I am of the view that the petitioner can be granted anticipatory bail by impos...
Tag this Judgment!K.S.Ganeshan S/O Subramaniyan. Vs. United India Insurance Co. Ltd, and ...
Court: Karnataka
Decided on: Jan-27-2011
1. There is delay of 109 days in filing the appeal. Though are contesting respondent is served and represented, no objections filed. Cause shown is accepted. Delay condoned.2. This is claimant's appeal seeking enhancement of compensation for the injury suffered in the road accident that occurred on 2.7.20C4. Claimant has sought for compensation of Rs.2.75,000/-. Tribunal on the basis of the evidence on record has assessed die compensation of Rs.57.176/-. Being unsatisfied with title said award, the claimant has filed this appeal.3. No appeal is filed by the insurer. Hence, the only question that arises for consideration is; "As to whether the claimant is entitled for enhancement of compensation?"4. The material on record shows that, the claimant suffered two grievous injuries. He was hospitalized for the treatment of fracture of both the bones of right leg. However, no doctor has been examined. Tribunal on the basis of the same, has awarded Rs. 10.000/- towards pain and suffering. Rs. ...
Tag this Judgment!The Divisional Controller K S R T C. and Ors, Vs. Sri. Appaji Gowda S/ ...
Court: Karnataka
Decided on: Jan-27-2011
1. Then- is delay of 23 days in MFA No. 15008/2007 and 97 days in MFA No.2307/2008 in filing me appeals. Though contesting respondent is served and represented, no objections are filed. Cause shown is accepted. Delay condoned.2. These two appeals are by the Corporation questioning the judgment and award in MVC Nos.76/2004 and 75/2004 respectively dated 24.7.2007. Claimant respondent has filed CROB No. 17/2011 in MFA No. 15008/2007 and CROB No 18/2011 in MFA No.2307/2008.3. Respondent claimant sought for compensation for the injury suffered in a road accident on 1 1.9.2002. It is stated that, he was going on a bullock cart. At that time, the bus belonging to the KSRTC came in a rash and negligent, manner and dashed against the bullock cart, as a result of which, both the bullocks died, bullock cart got damaged, claimant also sustained injury. Claimant sought for compensation in MVC No.75/2004 towards damage to the bullock cart and for death of bullocks and for his personal injuries, he ...
Tag this Judgment!Narasimhalu Naidu S/O Late Muniswamy Naidu, and ors. Vs. United India ...
Court: Karnataka
Decided on: Jan-27-2011
1. This is a claimants appeal for enhancement of compensation.2. I have heard Sri.K.P.Ashok Kumar, learned counsel for claimant and Sri.K.S.Sriram, learned counsel for insurance company.3. The claimants' who are the parents and married sister of deceased have filed this appeal for enhancement of compensation. At the time of accident, the deceased Murali was aged about 19 years and he was a student of First year B.Tech (Information Technology) in Adhi Parashakthi College of Engineering, Kalavai, G.B.Nagar, Vellore. He died in a motorcycle accident that took place on 12.6.2007.4. The Tribunal has awarded compensation of Rs.3,52,000/- viz.. Rs.3.12,000/- towards 'loss of dependency' and Rs.40,000/ under conventional heads. The Tribunal for the purpose of determining the loss of dependency, has determined the income of deceased at Rs.4,000/- per month and has adopted multiplier appropriate to the age of mother of deceased. The Tribunal has deducted 50% of the income of deceased towards per...
Tag this Judgment!H.R.Prakash. S/O Late H.R.Rajashekar. Vs. Karnataka LokayuktA. Rep by ...
Court: Karnataka
Decided on: Jan-27-2011
1. Heard both sides in both these petitions. The petitioner's grievance is that the application filed under Section 91 of the Cr.P.C. seeking summoning of documents, and another application praying to decide whether there is valid sanction to prosecute the accused in the case or not, have not been considered by the learned judge of the trial court but, instead, the court has postponed consideration of the applications after the evidence is complete.2. Referring to the aforesaid orders of the court below, the submission made by the learned counsel for the petitioner is that, as the documents, which the petitioner seeks to summon, are very relevant and they will also have a bearing on the validity of the sanction order which, according to the petitioner's counsel, would impeach the credibility of the complainant and the trial court, therefore, ought to have passed an order and, as no order is passed, the petitioner has approached this court for relief. 3. The submission of the learned co...
Tag this Judgment!Smt. Chinnamma W/O Late Venkatappa, and ors. Vs. State of KarnatakA. R ...
Court: Karnataka
Decided on: Jan-27-2011
1. 1st petitioner by name Chinnamma is present before court as identified by Somashekar Reddy. learned counsel who submits that vakalath is filed in the registry. Learned Counsel files a memo dt. 27/1/2011 and an affidavit of the 1st petitioner staling that writ, petition is filed challenging the acquisition proceeding in respect of land measuring 9Vi guntas in Sy.No.74 of Hebbal Village and that the petitioner has no objection for its acquisition provided compensation of Rs.50 lakhs is deposited since the 4th respondent has made an offer to pay Rs.2.50 creres per acre as compensation for acquisition of lands in question. According to the deponent, if the 4th respondent agrees to deposit the said sum of Rs.50 lakhs, she will have no objection to withdraw the writ petition. 1st petitioner apparently hard of hearing, through her learned Counsel submits that the averments set out in the affidavit are true and she seeks permission of the court to withdraw the writ petition provided Rs.50 l...
Tag this Judgment!G. Aravinda Reddy S/O. K. Gangadharaiah. Vs. State of Karnataka Rep. b ...
Court: Karnataka
Decided on: Jan-27-2011
1. Learned counsel for the rival parties are agreed, that the instant writ appeal should be disposed of with a direction to the State Government, to consider the issue of equivalence of the qualifications of B.E. (Transportation Engineering) and B.E. (Civil Engineering).2. In view of the above, the instant writ appeal is disposed of with a direction to the State Government, to take a decision in the matter, within one month from today.3. Needless to mention, that while taking the aforesaid decision, the State Government will keep in mind the order passed by the Visveswaraiah Technological University (Respondent No.3) a copy of the order passed by Respondent No.3 has been appended to the writ appeal as Annexure-K. Besides the aforesaid, it shall be open to the State Government to take into consideration the curriculum/syllabus of the above said two Courses while arriving at a decision in the matter, beskies other material that may be relevant. Appeal disposed of in the aforesaid terms.4...
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