Karnataka Court February 2011 Judgments
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Sri.Thimmalah S/O Sri.VenkatappA. Vs. M/S.Suguna Poultry Farm Ltd, and ...
Court: Karnataka
Decided on: Feb-01-2011
1. This is claimant's appeal seeking enhancement of compensation for the injury suffered in a road accident that occurred on 21.5.2005.2. Though the claimant had sought for compensation of Rs.5.50.000/-, however, the Tribunal on the basis of the evidence on record has awarded Rs.9.55.250/-. Claimant unsatisfied with the said award has tiled this appeal.3. Insurer has not disputed the liability nor has filed an appeal. Hence, the only question that arises for consideration is: Whether the claimant is entitled for additional compensation?4. The undisputed facts are that, the claimant suffered injuries in the accident. He was hospitalized four times and he underwent four operations for the implantation. Doctor has opined that, there is shortening of arm by 2cms. He has assessed the disability at 17% to the whole body. Since the claimant has lost his pay during the treatment period, the Tribunal has awarded an amount of Rs. 1, 08,000/- towards loss of income during laid up period. It has a...
Sri.Thimmappa S/O Late SambappA. Vs. the National Insurance Co.Ltd, 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 4.3.2003. He claimed compensation of Rs.3 lakhs. However, the Tribunal on the basis of the evidence on record has awarded compensation of Rs.76, 000/-, as against which, this appeal is tiled.2. No appeal is filed by the insurer nor the liability is disputed.3. Learned Counsel for the claimant submits that there is 28% disability to the whole body. Same is not considered. The right income of the claimant is not taken, even the compensation awarded on the different, heads is on the lower side.4. As against this, learned Counsel for the insurer submits that, reasonable compensation has been awarded and taking into consideration that the claimant has continued his business, there is no reason to grant loss of future income.5. It is not in dispute that the claimant suffered fracture of humerus of right arm and he was inpatient from 4.9.2003 to 12.9.2003. Doctor has...
S.Vijaya Sarathi. Vs. the Special Land Acquisition Officer.
Court: Karnataka
Decided on: Feb-01-2011
1. In these writ petitions, the petitioner has sought a direction to the respondent to allot Site Nos.1139 and 1140 in lieu of petitioner's site measuring 2800 sq.ft., which has become part of Sir M.Vishveshwaraiah Layout 6th Block, Bangalore, which have been acquired by the respondent -authority.2. It is the case of the petitioner that land bearing Sy.No.25/1. situated at. Ullalu village, measuring 1 Acre 34 Guntas, originally belonging to the petitioner, that the respondent - authority by a preliminary notification dated 15/4/2009 followed by final notification elated 31/10/2002, acquired the said land and thereafter, an award was passed on 5/12/2002 determining compensation at Rs.4.49,000/-per acre. Thereafter, award notice under Section 12(2) of the Land Acquisition Act, was also issued to the petitioner and possession of the said land was taken from the petitioner. It appears that thereafter, a reference has been made to the Civil Court in LAC.No.32/2004 and the petitioner's name ...
Mr.Muneer S/O HamzA. Vs. Executive Engineer D.K.Zilla Panchyath, and a ...
Court: Karnataka
Decided on: Feb-01-2011
1. This is claimant's appeal seeking enhancement: of compensation in respect of judgment and award in M.V.C.No. 1250/2005 dated 28.3.2C07on the file of M.A.C.T.. Dakshina Kannada at Mangalore.2. Claimant has sought for compensation of Rs.5.00.000/-for the injury suffered in the road accident that occurred on 1.6.2005.3. The Tribunal has awarded Rs.74.000/- by way of compensation. Unsatisfied with the said award, the claimant is in appeal.4. The insurer has not challenged I he award nor disputed the liability- Considering the same, the only question that arises for consideration is: Whether the claimant is entitled for additional compensation?5. As per the wound certificate, claimant has suffered grievous injury of lacerated wound of 2x1 cm over lower 3rd of right leg with deformity. He was inpatient from 1.6.2005 to 9.6.2005. During this period, x-ray was taken and found that the claimant has suffered fracture of right tibia and fibula. It was diagnosed Type II compound fracture of rig...
Mahanthesha H.K S/O Heggachar. Vs. the Divisional Manager the Oriental ...
Court: Karnataka
Decided on: Feb-01-2011
1. This is claimants appeal seeking enhancement of compensation in respect of injury suffered in a road accident that occurred on 10.11.2005. Claimant sought for compensation of Rs.6 lakhs. However, the Tribunal on the basis of the evidence on record has awarded compensation of Rs.95.900/-. Being unsatisfied with the said award, claimant is before this Court.2. Insurer has not challenged the award nor the liability. Hence, the only question that requires to be considered is: Whether the claimant is entitled for additional compensation ?3. Facts, which are not in dispute, are that, claimant suffered injury of swelling and pain right ankle joint and fracture of femur arid fracture of ankle joint. He was admitted to the hospital and underwent an operation on12.11.2005 and discharged on 24.11.2005. The Doctor has re-examined the claimant on 12.1.2007 and even on the examination day. claimant had. tenderness over right: hip and right thigh, shortening of right thigh segment by 1/2cms., wast...
Mr.MoiddIn Kunhi S/O Late T.K.ibrahim. Vs. Mr.S.M.Abdul Khader S/O T.S ...
Court: Karnataka
Decided on: Feb-01-2011
1. This is a claimant's appeal for enhancement of compensation.2. 1 have heard Sri Pundikai Ishwara Bhat, learned counsel for claimant and Sri S.Srishaila, learned counsel for Insurance Company. The owner of vehicle on whom liability is saddles inspite of service of notice, is hot represented.3. As a result of accident, claimant had suffered following injuries:-I. Comminuted fracture of right humerusII. Lacerated wound measuring 3cms x1cm over left frontal region HI. Fracture of right III & VI ribs After the accident, claimant was admitted in Tejasvini Hospital at Mangalore and later he was admitted in K.S.Hegde Charitable Hospital at Deralakatte, Mangalore. The claimant was operated for reduction of fracture. At the time of accident, claimant was aged about 65 years. He was an agriculturist by occupation. The claimant had spent a sum of Rs.20.200/ towards medical expenses. 4. The Tribunal has awarded compensation of Rs.82.200/- under following heads:-1. Pain and suffering:Rs.45.000/-2...
Kunhi Raman S/O Late Raman. Vs. P.Periya Samy S/C Pomma Gaundar, and o ...
Court: Karnataka
Decided on: Feb-01-2011
1. This is a claimant's appeal for enhancement of compensation.2. I have heard Smt.Ashika K.S., learned counsel for claimant and Sri O.Mahesh. learned counsel for Insurance Company.3. As a result of accident, claimant had suffered laceration on scalp with subluxation of C5 & C6 cervical vertebra. The claimant was treated in Unity Health Complex at Mangalore. The claimant was an inpatient for a period of 53 clays and he was admitted to hospital on two occasions. Subluxation of C5 & C6 cervical vertebra was reduced by conservative method. Thereafter, the claimant was under follow-up treatment. At the time of accident, claimant was aged about 48 years and he was a vegetable vendor. As per evidence of PW3-Dr.Udayakumar, claimant suffers from residual effects of injuries. The claimant has restricted and painful neck movements and also general weakness in left upper arm. PW2 has assessed permanent physical disability of left upper limb at 20% 40% to neck and 20% with reference to whole body,...
Kariyappa S/O HalappA. Vs. C. K. Raghavendra S/O K.M .Onkarappa, and a ...
Court: Karnataka
Decided on: Feb-01-2011
1. This is claimant's appeal seeking enhancement of compensation for the injury suffered in a road accident that occurred on 22.10.2004. He sought for compensation of Rs. 12.00,000/-. However, the Tribunal on the basis of the evidence on record has awarded compensation of Rs.4,40.175/-. Unsatisfied with the said award, claimant is in appeal.2. The insurer has not disputed the liability nor has filed appeal. Hence, the only question that arises for consideration in this appeal is: Whether the claimant is entitled for additional compensation?3. The undisputed facts are that, claimant suffered live injuries as under:a. Suiwed wound over the foreliead 6 cm. long:b. I...
Sri Rakesh Malli, S/O Sadanand Malli. Vs. State of KarnatakA. Rep.by I ...
Court: Karnataka
Decided on: Feb-01-2011
1. Petitioner is challenging the communication dated 04.01.2011 issued by respondent No.2 - Superintendent of Police, Dakshina Kannada District, Mangalore, withdrawing police protection given to him. A direction is also sought against the respondents-police to consider the representation given by him on 07.01.2011 and to provide adequate security at the cost of the petitioner so as to protect his life and to ensure the enforcement of fundamental right under Article 21 of the Constitution of India.2. Petitioner had earlier approached this Court in W.P.No. 12885/2003 seeking a similar direction for providing adequate security alleging that he had threat to his life held out by some, hired killers. This Court by order dated 20.01.2004 issued a direction to the respondents therein to consider the representation expeditiously. Since the said representation was not considered, petitioner again moved this Court in W.P.No. 13202/2006. The said writ petition was disposed of on 16.11.2006 direct...
Muniva Bhovi S/O Chinnaswamy, and ors. Vs. Sri.S.A.Anand @ Kumar S/O I ...
Court: Karnataka
Decided on: Feb-01-2011
1. This is claimants' appeal questioning the judgment and award in M.V.C.No 452/2006 dated 12.3.2008 on the file of M.A.C.T. Chikamagalur.2. Claimants are the husband and two major children of the deceased. Deceased died in a road accident that occurred on 27.5.2006. She was proceeding in a Mahindra Pick-up vehicle bearing No.KA-18/8578 for coolie work at Siragoor Estate. The tribunal on the basis of the evidence on record taking the income of the deceased at Rs.80/- and giving deduction of 1/3rd has awarded total compensation of Rs. 1,69.960/- with interest. However, it has fixed the liability on the owner on the ground that the deceased was a passenger in a goods vehicle. Against the liability as well as against the quantum of compensation, this appeal is filed.3. Learned Counsel for the claimants submitted that. Ex.R1 is the policy, which is comprehensive, which covers not only the statutory liability of the driver and employee, but also it covers the risk of non-fare paid passenger...
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