Karnataka Court March 2011 Judgments
Sri. B.K.Puttaswamy, S/O. M.D.Kondaiah. Vs. Sri. M.Basha, S/O. Masihan ...
Court: Karnataka
Decided on: Mar-29-2011
1. This appeal by the claimant is directed against the impugned judgment and award dated 9th November 2006. passed in M.V.C.No. 1788/2003. by the XVIII Additional Judge, Court of Small Causes, Member, Motor Accident Claims Tribunal-4. Metropolitan Area, Bangalore, (SCCH-4),(for short. Tribunal) for enhancement of compensation on the ground that, the compensation of Rs.58.000/- awarded in favour of the claimant as against his claim for Rs.03.00 Lakhs, is inadequate,2. The appellant claims to be aged about 25 years, working as salesman at Naveen Concrete Box & Tiles Company and was hale and healthy prior to the date of accident. That the occurrence of accident at about 1:15 P.M.. on 18-08-2003 near Yammare village, on account of rash and negligent driving by the driver of the lorry and the resultant injuries sustained by the appellant are not in dispute.3. It is the case of the appellant that on account of the accident, he sustained grievous injuries and the Doctor has assessed 28% funct...
Tag this Judgment!Karnataka State Road Transport Corporation, Kolar Division. Vs. Mohamm ...
Court: Karnataka
Decided on: Mar-29-2011
1. The respondent is a conductor. On 13.9.1.994 he was conducting the bus plying on route from Kolar to Bagepalli. When the bus was checked at Iragappanahalii, it was found that, the respondent has failed to issue tickets to 24 passengers and there was other irregularities. Based on the report of the checking squad, an articles of charge dated 17.9.1994 was issued to the respondent. Based on the report of the enquiry officer, the respondent was dismissed from service on 11.4.2001. The respondent filed an application under S.10(4-A) of the Industrial Disputes Act., 1947 ('the Act' for short) questioning the said order of dismissal. In view of the contest of the claim by the management, issues were framed. The preliminary issue with regard to the validity of domestic enquiry was answered against the management. Parties having been permitted to adduce evidence on merits of the Corporation did not examine any of the officials who checked the bus on 13.9.1994. Only the custodian of the reco...
Tag this Judgment!G.R. Gopalareddy. S/O. RangappA. Vs. M/S. New India Ass. Co.. Ltd, and ...
Court: Karnataka
Decided on: Mar-29-2011
1. This appeal by the claimant is directed against the impugned judgment and award dated Is' March 2007, passed in M.V.C.No.557/2005, by the I Additional Civil Judge(Sr.Dn). Additional Motor Accident Claims Tribunal. Chitradurga. (lor short. Tribunal' ) for enhancement of compensation on the ground that, the compensation of Rs.60,000/- awarded in favour of the claimant as against his claim for Rs.03.15 Lakhs, is inadequate.2. The appellant claims to be aged about 48 years, an agriculturist find hale and healthy prior to the date of accident. That the occurrence of accident at about 8:30 P.M.. on 30-01-2005 while moving in the autorickshaw near Jalikatte cross on Bheemasamudra road on account of rash and negligent driving by the driver of the said auto and the resultant injuries sustained by the appellant are not in dispute.3. It is the case of the appellant that on account of the accident, he sustained crush injury to right hand of all fingers and 3rd, 4th and 5th fingers have deformed...
Tag this Judgment!Mohan, S/O. Prakash GowdA.Vs. Mohan, S/O. Prakash GowdA.
Court: Karnataka
Decided on: Mar-29-2011
1. This appeal by the claimant, is directed against the impugned judgment and award dated 11th February 2009. passed in M.V.C.No.369/2007. by the Additional District Judge, Member, Motor Accident Claims Tribunal-II, Hassan, (for short. Tribunal ) for enhancement of compensation on the ground that, the compensation of Rs.2,93,000/- awarded in favour of the claimant as against his claim for Rs. 06.00 Lakhs, is inadequate.2. The appellant claims to be aged about 22 years, working as Mechanic and hale and healthy prior to the date of accident. That the occurrence of accident at about 8:50 A.M., on 10-11-2006, in front of the house of Srinivasa - near Megala Hosakoppalu, Holenarasipura Road, on account of rash and negligent driving by the driver of the KSRTC bus and the resultant injuries sustained by the appellant are not in3. It is the case of the appellant that on account of the accident, he has undergone treatment in the Hospital as in-patient for about 20 days and sustained fracture of...
Tag this Judgment!Smt. G.F.Shimshad. W/O. Shri. Babu. Vs. M/S. New India Assurance Co.. ...
Court: Karnataka
Decided on: Mar-29-2011
1. This appeal by the claimant is directed against the impugned judgment and award dated 29lh November 2006, passed in M.V.C.No.4382/2004, by the XI Additional Judge, Court of Small Causes, Member. Motor Accident Claims Tribunal. Metropolitan Area, Bangalore. (SCCH-12) (for short. Tribunal) for enhancement of compensation on the ground that, the compensation of Rs.2,69,549/- awarded in her favour as against her claim for Rs.T0.00 lakhs, is inadequate and the contributory negligence fixed at 25% on the injured claimant is liable to be set aside.2. The appellant claims to be working as conductor in BMTC. drawing salary of a sum of Rs.9,500/- per month in addition to over time allowance of Rs.3.000/- and incentive of Rs.1,500/- per month. She was hale and healthy prior to the date of accident. That at about 10:20 P.M., on 01-07 2004. near Yeshwanthpur Bus stand, she met with an accident on account of rash and negligent driving by the rider of the motor cycle. As a result of the same, the ...
Tag this Judgment!B. Sadashiva Reddy and Another Vs. United India Insurance Co. Ltd. and ...
Court: Karnataka
Decided on: Mar-29-2011
ARAVIND KUMAR, J: 1. Claimants are in appeal questioning the correctness and legality of the judgment and award dated 30-8-2006 passed by the I Addl. Judge and Motor Accident Claims Tribunal, Bangalore, in MVC No.1535/2003 and seeking enhancement of compensation not being satisfied with the compensation awarded by the Tribunal. 2. The Appellants filed a claim petition under Section 166 of Motor Vehicles Act seeking compensation of `20,00,000/- with interest at 12% p.a. on account of the death of Smt. Majula (first appellant’s wife and second appellant’s mother in a road traffic accident that occurred on 25-1-2003 at about 6-45 p.m. It was contended that deceased Smt. Majula had stopped her two wheeler (Scooty) bearing No.KA-04-U-5060 at a Yeswanthpur traffic signal and at that point of time, a BEL bus bearing registration No.KA-04-3110 driven in a rash and negligent manner from East to West dashed against the said two wheeler and deceased was dragged below the wheels of th...
Tag this Judgment!Shree Renuka Sugars Limited Vs. Union of India Ministry of Consumer Af ...
Court: Karnataka
Decided on: Mar-29-2011
1. All these Writ Petitions are listed before this Bench by a Special Order of the Hon’ble Chief Justice for decision. The subject matter of all these petitions is identical though one of the writ petition is by way of public interest litigation. Therefore, they are taken up for consideration together and disposed of by this common order. 2. The petitioners in W.P.No. 66920/2010 herein are the member shareholders of the Doodhganga Krishna Sahakari Sakkare Karkhane Niyamit, Chikkodi. It is a Co-operative sugar factory registered under the Karnataka Co-operative Societies Act, 1959. It was established to cater to the needs of the sugarcane farmers in and around Chikkodi, Raibagh and Athani Taluk in Belgaum District. Later it was converted into a Multi-State Co-operative Society under the Karnataka Multi State Co-operative Societies Act, 2002, by extending its area of operation to more than one State (Karnataka and Maharashtra) Earlier, they were having crushing capacity of 2500 TCD...
Tag this Judgment!Sri M.G. Nagaraj S/O Late M.GalappA. Vs. the Special Land Acquisition ...
Court: Karnataka
Decided on: Mar-28-2011
1. The claimant in LAC.No. 171/2009 on the file of II Additional City Civil and Sessions Judge. Bangalore has come up in this appeal challenging the judgment dated 8.10.2010. wherein the reference made under Section 18 of the Land Acquisition Act by the Jurisdictional Land Acquisition Officer in respect of 28 guntas of land in Sy.No.51/1 /P1 of Agara Village. Thathaguni Grama, Kengeri rlobli. Bangalore South Taluk belonging to claimant.2. Brief facts leading to this appeal are as under: The appellant herein is the claimant before the court below. His property bearing vSy.No.51/ 1/P1 of Agara Village, 'Inathaguni Grama. Kengeri Hobli, Bangalore South Taluk was acquired by the respondent under Section 28(1) notification dated 18.8.2004. Immediately thereafter the possession of land was also taken and the Special Land Acquisition Officer passed award fixing the land value at Rs.2.43,274/- payable along with additional market value and solatium. It was also ordered for payment of interest....
Tag this Judgment!Mrs Sheriff S/O S Usman Sab. Vs. State of Karnataka by Y N Hosakote Po ...
Court: Karnataka
Decided on: Mar-28-2011
1. The accused in CC 114/07 on the file of Civil Judge (Jr.Dn) and JMFC, Pavgada is the revision petitioner.2. Charge against the revision petitioner is that he being the driver of the mini lorry bearing registration No.KA-16/3515 has driven the vehicle rashly and negligently on 26.8.02 at 7 am. and caused accident, resulting in Injuries, death and thereby the accused has committed an offence punishable under Sections 279, 337, 304A, IPC read with Sec.134A. B of the MV Act 1988.3. The presence of the accused is secured evidence is recorded PW1 to PW17 are examined Ex.P1 to P19 are marked. The learned magistrate has believed the version of the eye witnesses, relied by the prosecution. There by convicted the accused.4. The conviction is challenged in Crl.A. 142/05 on the file of FTC-5, Tumkur. The learned Sessions Judge has confirmed the conviction.5. The learned advocate for the accused submit that in a stereo fashion the evidence is appreciated by both the courts. It is for the prosecu...
Tag this Judgment!Chief Traffic Manager, Bmtc. Vs. Sri K.Rajanna, S/O. Late Kodimuniyapp ...
Court: Karnataka
Decided on: Mar-28-2011
1. The respondent, a conductor, was conducting bus bearing No.F.944 on 17.8.2000 plying on route PHS 36/65 from City Market to KHB colony. The bus was checked by the checking staff and it was found that, respondent after receiving Rs.1/- from 5 passengers, had failed to issue tickets to them. A report was submitted to the Disciplinary Authority based on which, an articles of charge was issued and the reply filed by the workman having been found to be net convincing., a domestic enquiry was ordered by appointing an enquiry officer, who after conducting enquiry, submitted a report holding that, the charges levelled against the workman is proved. The respondent was imposed with a punishment of reducing the basic pay of 2 incremental stages for a period of two years with cumulative effect and treating the period of suspension as not on duty.2. A dispute having arisen, the Government made a reference under S.10(1)(d) of the Industrial Disputes Act, 1947 ('the Act' for short) on 3.8.2005 to ...
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