Karnataka Court February 2011 Judgments
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The New India Assurance Co. Ltd. Vs. Smt.B.Saraswathi Prabhakar W/O B. ...
Court: Karnataka
Decided on: Feb-01-2011
1. Even though the appeal is listed for admission, with consent, of both the counsel, it is taken up for final disposal.2. This appeal is by the insurer questioning the judgment and award passed by the Motor Accident Claims Tribunal both on the question of liability as well as quantum. Indeed, we notice that two claim petitions were filed before the Tribunal MVC Nos.522/2003 & 523/2003. Both the claim petitions are accepted by the Tribunal. The insurer has satisfied the claim insofar as MVC No.523/2003 is concerned. Bui however, has questioned the judgment and award passed in MVC 522/2003 on various grounds.3. To appreciate the contentions of Mr.B.C.Seetharama Rao. learned counsel appearing for the insurer, few facts are required to be noted.4 .That, on the fateful day of 25.6.2003, one of the occupants of the vehicle one Bidesh Nair, who is the claimant in the other claim petition and his friends and deceased B.P.Ananuha Krishna were proceeding from Bangalore to Kundapura in a motor c...
Sri K.B.Kallerudreshappa, S/O N.BasappA. Vs. the Deputy Commissioner, ...
Court: Karnataka
Decided on: Feb-01-2011
1. Learned Government. Pleader takes notice tor the respondents.2. Petitioner is seeking a writ of mandamus directing the respondents - Deputy Commissioner, Davangere District and the Chief Executive Officer, Davangere Zilla Panehayat to invite tenders from the public as per the provisions contained under the Karnataka Transparency in Public Procurements Act, 1999 (for short, hereinafter referred to as 'the Act') and entrust the work specified in Annexures-A to E to the successful tenderers. Petitioner claims that he is a ioimer Zilla Panehayat Member and resident of Jagalur Taluk in Davangere District.3. It is the ease of the petitioner that the Government of Karnataka has by order dated 26.11.2010 sanctioned funds amounting to several lakhs to be spent in various villages for the purpose of construction of roads, community hall and providing drinking water in Jagalur Taluk of Davangere District. It is also his further case that the Zilla Panehayat, Davangere vide its order dated 29.1...
P.Gayathri D/O Poongavanam. Vs. the Oriental Insurance Co. Ltd, and an ...
Court: Karnataka
Decided on: Feb-01-2011
1. This is claimant's appeal seeking enhancement of compensation for the injuries suffered in a road accident that occurred on 8.2.2004.2. Claimant sought for compensation of Rs.2lakhs initially and subsequently by amendment, claimant sought for compensation of Rs. 11lakhs.3. The Tribunal on the basis of the evidence on record has awarded compensation of Rs 1,87,55!/-. However, the claimant unsatisfied with the said award has filed this appeal.4. Learned Counsel for the claimant submits that. PW-2 is the Doctor and Doctor in his evidence has stated that, there is 80% disability to the whole body. He has stated that, the claimant has suffered paraplegia and she is not in a position to work any more. He submitted that, no doubt, he is not a Neurologist, however, his evidence should have been believed by the Tribunal. He submits that, even now the claimant is suffering from paraplegia and ii the court permits; he would examine Neurologist to prove the same.5. The Tribunal only on the grou...
Thammanna S/O Late Thammaiah. Vs. Papegowda S/O Bellegowda, and anr.
Court: Karnataka
Decided on: Feb-01-2011
1. Claimants appeal in respect of judgment and award in MVC No.41/2004 dated 3.10.2007 on the file of Motor Accident Claims Tribunal. Nanjangud.2. Claimant in this appeal and claimant in MVC No.40/2004 were moving on a motorcycle, they sustained grievous injury in a road accident on account of rash and negligent driving of the bus belonging to the KSRTC. In this regard, claimant sought for compensation for the injury suffered in the said accident. Tribunal oh the basis of the evidence on record has awarded Rs.69/700/-", however, had deducted 25% towards contributory negligence. Unsatisfied with the said award, claimant is in appeal.3. In is not in dispute that the claimant had suffered fracture el right zygomatic bone and right clavicle bone and he had also sustained head injury. PW3 is the doctor who has stated that, claimant was inpatient for 10 days in the hospital and assessed disability at 20% to the limb. However, the tribunal has not accepted the said evidence as regard to the d...
S.Shiva Kumar, S/O C.SubramanyA. Vs. State by K.R.Sagara Police. Mandy ...
Court: Karnataka
Decided on: Feb-01-2011
1. The petitioner is before this court calling in question his conviction and sentence passed in respect of the offences punishable under Sections 279 and 304-A of the I.P.C. The petitioner was sentenced to pay fine of Rs.500/- for the offence under Section 279 of the I.P.C. and in default of payment of die same, to undergo S.I. for a period of fifteen d.avs and in respect of the offence under Section 304-A of the I.P.C, he was sentenced to undergo S.l. for a period of six months and to pay a fine of Rs. 1,000/- and in default of payment of the said fine amount, to undergo further S.L for a period of one month. The appellate court confirmed the judgment; of the trial court and dismissed the appeal preferred by the petitioner.2. The prosecution case, in short, is that, on 26.8.2003 at. about 8.00 p.m., in front of the shop of one Rame Gowdaon Mysore Pumphouse road at Kalmanti Village, when deceased Rachaiah @. Racha Shetty was crossing the road to bring beedi from the shop of C.W.3, the...
H.S.Srikanta S/O Suresh H.R. Vs. ManjunathA.a S/O Gopal, and anr.
Court: Karnataka
Decided on: Feb-01-2011
1. This is a claimant's appeal for enhancement of compensation.2. I have heard Sri K.V.Naik, learned counsel for clamant and Sri Chethan, learned counsel for Insurance Company.3. As a result, of accident, claimant had suffered fracture of left calcaneum and compound dislocation of left ankle joint. The claimant was treated in Parimala Hospital and Research Centre at Bangalote. The claimant was treated for open wound and reduction of dislocation of left ankle joint and fracture of left, calcaneum. The claimant was an inpatient from 09.09.2007 to 23.09.2007 and thereafter he was under follow-up treatment. The claimant had spent a sum of Rs.65.676/- towards treatment charges and cost of medicine.4. The Tribunal has awarded compensation of Rs.1.71.400/- under following heads:-I. Pain & suffering : Rs. 30.000/-II. Medical expenses including conveyance Attendant charges & extra nourishment : Rs. 70.000/III. Loss of income during treatment period: Rs. 9.000/-IV. Loss of amenities & enjoyment ...
Sri Vittal Rai S/O K.Marappa Rai. Vs. the Special Land Acquisition Off ...
Court: Karnataka
Decided on: Feb-01-2011
1. M.F.A.No. 10421/2008 is filed by the land Loser against the order and award dated 29.11.2007 passed by the Civil Judge (Sr.Dn.). Bantwal, D.K., in L.A.C.No.2/2007 claiming enhancement of the market value determined therein. M.F.A.No.2800/2008 is filed by the Special Land Acquisition Officer challenging the very same order and award on the ground that the determination of the market value by the Reference Court is on the higher side. Therefore, by consent of the learned counsel for the parlies, these two appeals are heard together.2. The facts of these cases are as hereunder: I acre of land situated in RS.N0.40-ID1 of Thumbe village, Bantwal Taluk, was notified by the respondent. -Special Land Acquisition Officer for the expansion of existing water treatment plant for the benefit of Corporation of City of Mangalore. The preliminary notification was issued on 13.5.1999. The Land Acquisition Officer passed an award determining the market value @ Rs.2,300/- per cent. Being not satisfied...
Sri.Jayaramu. S/O Date Kondiah, and ors. Vs. Sri.Abdul Noushad, S/O Ab ...
Court: Karnataka
Decided on: Feb-01-2011
1. The matter is liSued for admission. With the consent of learned counsel for the parties, the matter is taken up for final disposal.2. The claimants No. 1 and 2 are the parents of deceased Chowdesh. The claimants No.3 and 4 are the sisters of deceased Chowdesh. They have filed this appeal for enhancement of compensation.3. I have heard Sri.M.G.Satheesha, learned counsel for claimants and Sri.Hariprasad, learned counsel for Sri.B.C.Seetharama Rao, learned counsel for insurance company.4. Deceased Chowdesh succumbed to injuries sustained in a motor vehicle accident that took place on 21.09.2007. At the time of accident, the deceased was aged about 29 years and he was doing agriculture. The claimants have contended that deceased was working in a company at Jigani but, they have failed to prove the same. The Tribunal noticing all these facts has determined the income of deceased as Rs.3,000/- per month as if he was an agricultural labourer. The deceased was an agriculturist. Therefore, I...
K.Ananda Rai S/O Kunhanna Rai, and anr. Vs. N.Vasantha Kumar S/O Monap ...
Court: Karnataka
Decided on: Feb-01-2011
1. There is delay of 442 days in filing the appeal2. I have heard learned counsel for claimants and learned counsel for Insurance Company.3. In the affidavit filed in support of the application, it is stated that appellant No.1 had been admitted in hospital. As he was not able to move, the application for certified copy of the impugned award was submitted on 24.09.2007, certified copy was ready on 30.10.2007 and it was obtained on 30.10.2007. The Insurance Company has deposited the amount after a long time. The appellants after withdrawing the amount from Tribunal have filed this appeal.4. In order to ascertain the truth of averments of appellants. 1 have perused One lower court records, wherein it is shown that on 05.07.2008 entire compensation was disbursed by way of issuance of cheques and fixed deposits made in the names of claimants. On 22.11.2008. appellant No. 1 had also made an application for partial payment of investment, made in fixed deposit. It war; accepted and a sum of R...
Bhagyamma @ Radha@ LakshamamA. W/O Jayaram. Vs. State by K.P.AgraharA.
Court: Karnataka
Decided on: Feb-01-2011
1. This revision petition under Sections 397 read with 401 of the Cr.P.C. is by the accused, who has been convicted for the offence punishable under Section 309 of the I.P.C. and sentenced to undergo S.l. for one year with fine of Rs.5,000/- and in default of payment of fine, to undergo further three months imprisonment. The judgment of the trial court was confirmed by the lower appellate court by dismissing the criminal appeal filed by the petitioner.2. The case of the prosecution, in short, is that, two months priot to 2.4.2002, at about 9.00 a.m., C.Ws.2 and 3, being daughters of P.W. I Hemalatha, were going to the school near Venus Breweries, situate at 7th Cross, Magadi Road, within the limits of K.P.Agrahara Police Station. At that time, the petitioner herein kidnapped the two girls i.e., P.W.2 Anusha and P.W.3 Monisha, and took them to the roadside and robbed one pair of gold ear stud weighing two grams and one pair of silver chain from P.W.2 and likewise, she also robed one gol...
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