Karnataka Court January 2011 Judgments
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M. Hanumanthappa S/O Mallaiah. Vs. Mr. Govinda Veeratesh S/O R.Thippes ...
Court: Karnataka
Decided on: Jan-27-2011
1. Memo is filed for dispensation of notice to respondent No. 1, as the liability of the insurer is not: in dispute. Accordingly, notice to respondent. No. 1 is dispensed with.2. There is delay of 26 days in filing the appeal. Though contesting respondent is served and represented, no objections are filed. Cause shown is accepted. Delay condoned.3. This is claimant's appeal seeking enhancement of compensation for the injury suffered in the road accident that occurred on 14.7.2005. He sought for compensation of Rs. 10,00,000/-, tribunal has awarded compensation of Rs. 1,00,000/-. Unsatisfied with the said award, claimant is before this Court.4. Insurer has not challenged the award. Hence, the only question that arises for consideration is; ,4s to whether the claimant is entitled for enhancement of compensation?"5. As per Ex.P5 wound certificate and Ex.P7 discharge summary, the claimant suffered fracture of both the bones and lower I/3rd of right leg with displacement of ankle. He was tr...
Mohan S/O Late Poovappa Pojary. Vs. Richard Fernandis S/O Nobert Ferna ...
Court: Karnataka
Decided on: Jan-27-2011
1. This is a claimant's appeal for enhancement of compensation.2. I have heard Sri S.P.Manjunath, learned counsel for claimant and Sri L. Sreekanta Rao, learned counsel for Insurance Company.3. It is established from medical records and evidence of PW2-Dr.Uday Kumar.K., claimant had suffered following injuries:-I. Contusion on right forehead with black eye arid cerebral concussion (concussional head injury]II. Laceration On upper lip with fracture of zygomaIII. Ulceration on II, III & V right metatarsals with tendon injuryIV. Fracture of right femurV. Fracture of right patellaVI. Fracture of I right ribThe claimant, was treated in Unity Health Complex at. Mangalore. The claimant was an inpatient, from 25.03.2006 to 10.07.2006. At the time of accident, claimant was aged about 27 years. The claimant had contended that he was working as a Manager in a hotel on monthly salary of Rs. 12,000/, however he has failed to substantiate the same. The claimant has neither produced any document, nor...
Karnataka Power Transmission Corporation Limited, and ors. Vs. N Vasan ...
Court: Karnataka
Decided on: Jan-27-2011
1. The respondent in the instant writ appeal is the owner of a commercial-cum-residential building. The respondent, having constructed the aforestated building, applied for sanction of power supply. The application made by the respondent was accepted and the appellants herein sanctioned release of power supply to the commercial-cum-residential building of the respondent, on 24.8.1998. The aforesaid sanction order dated 24.8.1998 required the respondent to pay service/augmentation charges quantified as Rs.3,00,000/- (@Rs.7,500/- per kilowatt and other charges). Based on the aforesaid demand made by the appellants, the respondent deposited the. said amount of Rs.3,00,000/- with the appellants, on 5.11.1998.2. One day before the respondent deposited the aforesaid charges, i.e., on 4.11.1998. the appellants issued a notification amending Regulation 9 of the Electricity Supply Regulations. It is therefore that the respondent claimed a refund, based on the notification dated 4.11.1998.3. Whe...
The Oriental Insurance Co. Ltd. Vs. Sri. R. Vijayakumar. S/O. Late Sri ...
Court: Karnataka
Decided on: Jan-27-2011
1. This appeal is by the insurer challenging the award, of the Tribunal in fastening the liability against them.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 25-1-05, when the claimant was travelling as a cleaner in a private passenger bus bearing registration No.KA-05-9612 on Hosur road from Bangalore towards Hosur, near HTMT call centre building, the driver of the bus drove the same in a rash and negligent manner and caused the accident. As a result, the claimant sustained injuries Hence, he filed a claim petition before the MACT, Bangalore, seeking compensation of Rs.5.00,000/-. The Tribunal by impugned judgment and award has awarded compensation of Rs. 1.55.000/- with interest at: 6% p.a.5. As there is no dispute regarding injuries sustained by the claimant in a road traffic acciden...
Smt. Rukmini W/O Meghanathan. Vs. Smt. Radha W/O Sri Babu Shet, and an ...
Court: Karnataka
Decided on: Jan-27-2011
1. Though this petition is listed for preliminary hearing, with the consent of the learned counsel for the parties, is finally heard and disposed of by this order.2. The rejection of petitioner's I.A.No. 13 under Ordes 1 Rule 10 CPC by common order dated 10.11.2010 of the 111 Addl. City Civil Judge. Bangalore, in O.S.No.4672/2005 is called in question in this petition.3. In the suit instituted by the 1st respondent arraigning the 2nd respondent as party-defendant, for possession of a certain immovable property, claiming to be the absolute owner, the petitioner filed I.A.No. 13 under Order 1 Rule 10 CPC to be impleaded as party -defendant on the premise that the petitioner instituted O.S.No.6983/2010 for declaration and possession and other reliefs as also cancellation of the sale deed of the suit schedule property executed in favour of the 1st respondent and hence necessary and proper party to the proceeding. That application was opposed by filing Statement of objections of the 1st res...
Sri N S Srinivasan S/O. Sheshu Iyer. Vs. Smt Shantha Raju W/O. Sathya ...
Court: Karnataka
Decided on: Jan-27-2011
1. The rejection of defendant's LA. under Order 26 Rule 9 CPC to appoint a technical person as Court Commissioner by order dt. 8/12/2010, Annex .E, in O.S.2296/98 of the XXVII Addl. City Civil Judge, Bangalore, is called in question in this petition.2. In the suit instituted by 1st respondent arraigning the petitioner as 1st defendant for declaration of existence and usage of a common passage in a certain immovable property, the petitioner entered appearance, on notice, and resisted the suit by filing written statement, denying the assertions. On the conclusion of the trial, the petitioner filed I.A. under Order 26 Rule 9 CPC to appoint a Commissioner. In the affidavit accompanying the application, it was stated that there were gift deeds, will and codicil, Exs.DS, D2, P22 and P23 respectively identifying the existence of another passage for ingress and egress to and from the plaintiff/1st respondent's property and therefore the need to appoint a Court Commissioner. That application wa...
The Management Mysore Paper Mills Ltd. Vs. the President Mysore Paper ...
Court: Karnataka
Decided on: Jan-27-2011
1. In this writ petition the petitioner has prayed for a writ in the nature of certiorari to quash the award dated 8.9.2009 in IDR No. 1/1997 passed by the Labour Court at Mangalore, (camp at Shimoga) as per Aiinexure-K Sire'cting the petitioner to give promotional benefits to the respondent.2. Respondent was appointed on .15.10.1959 as Office Boy in the electrical department of the petitioner's company. On 1.4.1963 the respondent was confirmed in Grade-V. Subsequently, respondent was promoted from time to time and in 1972 he was working in Grade-II. The Manager of the instrumental unit in electrical department submitted a recommendation to the General Manager as per Annexure M2 dated 22.9.1972 stating that the respondent was discharging the work of Foreman, is having necessary qualification end experience and therefore he may be promoted to the post of Foreman. Reacting to this recommendation, the General Manager by order dated 14.10.1972 as per Annexure-D rejected the recommendation ...
Sri K.Ramasha, S/O Krishna Bhat. Vs. State of KarnatakA. Department of ...
Court: Karnataka
Decided on: Jan-27-2011
1. Learned Additional Government Advocate is directed to take police for respondent Nos. 1 to 3.2. Heard the learned Counsel for the petitioner.3. Order dated 28.09.2010 passed by the 2nd respondent -Deputy Commissioner of Stamps and District Registrar, Dakshina Kannada District, Mangalore. is called in question in this writ petition. The said order is passed in exercise of the powers conferred under sub-section (3) of Section 45A of the Karnataka Stamps Act, 1957 (for short, the Act').4. As rightly contended by the learned Additional Government Advocate, an appeal is provided under sub-section (5) of Section 45A of the Act, before the Regional Commissioner, against the order passed by the Deputy Commissioner. In these circumstances, when there is an efficacious and alternative remedy provided by a statute, this Court will not entertain the writ petition.5. Accordingly, petition is dismissed reserving liberty to the petitioner to file a statutory appeal as provided under sub-section (5...
Sri Sathyanarayana S/O Late VenkatarayappA. Vs. the Registrar of Socie ...
Court: Karnataka
Decided on: Jan-27-2011
1. The petitioner in this wirt petition is challenging the Annual General Body Meeting notice dated 16-4-2010 and the Calendar of Events issued by the second respondent for holding election to the Office Bearers and Executive Committee members of the second respondent-Association. Second respondent is the Sports Association.2. The petitioner has contended that the Calendar of Events published by the respondents 2 to 4 is illegal and not in accordance with law. On the basis of the said Calendar of Events, election to the Officer Bearers and Executive Committee members to the second respondent-Association cannot be held.3. By an interim order of this court, the petitioner was permitted to participate in the election process by tiling nomination paper. The election has been, hold as per the Calendar of Events and results of the election were also declared in pursuance to the directions issued by this court. Though permission has been granted to the petitioner to file nomination paper for ...
D. Rudrappa Vs. the Special Deputy Commissioner Bangalore and Others
Court: Karnataka
Decided on: Jan-27-2011
(Prayer: This Petition is filed under Articles 226 and 227 of the Constitution of India, Praying to quash the impugned order dtd 16.1.2010 Passed By the R1 Vide Annex-C And Etc., Misc W No 9472 Of 2010 is filed Under order 1 Rule 10(2) of the Code Of Civil Procedure R/W Articles 226 and 227 Of the Constitution of India Praying for Impleading the applicant as 5th Respondent. Misc W No 9473 Of 2010 is filed under Section 151 of the Code Of Civil Procedure R/W Articles 226 and 227 Of the Constitution Of India Praying to direct the Proposed 5th Respondent to deposit the Compensation amount arising out of the acquisition of the land in question In Any Nationalized Bank Pending Adjudication Of This Writ Petition In The Interest Of Justice And Equity.) 1. Writ proceedings under Article 227 of the Constitution of India is not an appeal proceeding. Proceedings under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short, the Act), par...
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