Karnataka Court March 2011 Judgments
Smt. Jayamma, W/O. Late Pandurangappa, and anr. Vs. Dilshad. W/O. Huss ...
Court: Karnataka
Decided on: Mar-25-2011
1. This appeal by the claimants is directed against the impugned judgment and award dated 29th November 2006. passed in M.V.C.No.8737/2005. by the XIX Additional SCJ and Member, Motor Accident Claims Tribunal, Metropolitan Area. Bangalore. SCCH-17. (for short. Tribunal' ) for enhancement of compensation on the ground that, the compensation of Rs. 2.74,000/-awarded in favour of the claimants as against their claim for Rs. 12.00 Lakhs, is inadequate.2. The facts in brief are that, the claimants appellants are the mother and brother of the deceased Late Rajanna. They filed the claim petition under Section 166 of the Motor Vehicles Act. contending that at about 9:30 A.M. on 06-12-2005. when the deceased was travelling as cleaner in a Lorry bearing No.ATK-2239. near Hoskote Malur Road, he met with an accident on account of rash and negligent driving by the driver of the said Lorry and due to the injuries sustained in the said accident, he succumbed to the same.3. It is the case of the appel...
Tag this Judgment!V.Susheela, W/O. A.Anthoni Raj, and ors. Vs. Oriental Insurance Co., L ...
Court: Karnataka
Decided on: Mar-25-2011
1. This appeal by the claimants is directed against the impugned judgment and award dated 8th December 2006. passed in M.V.C.No.876/2005, by the 18th Additional Judge, Member, Motor Accident Claims Tribunal. Bangalore City. (SCCH-4), (for short. Tribunal' ) for enhancement of compensation on the ground that, the compensation of Rs.4,14.000/- awarded in favour of the claimants as against their claim for Rs. 10.00 Lakhs, is inadequate.2. The facts in brief are that, the claimants appellants were the wife, mother and son of the deceased Late A. Anthoni Raj. But. the appellant No. 1 -wife of the deceased has been given up arid deleted before the Trial Court, as no more. The claimants filed the claim petition under Section 166 of the Motor Vehicles Act. contending that at about 7:30 P.M. on 15 10-2004. when the deceased was travelling in an auto rickshaw. he met with an accident on account of rash and negligent driving by the driver of a BMTC Bus bearing No.KA-05/B-6197 and due to the injur...
Tag this Judgment!The New India Insurance Co.. Ltd. Vs. Arjun Singh S/O Sri.Uday Singh, ...
Court: Karnataka
Decided on: Mar-25-2011
1. The 2nd respondent/insurance company in CR.No.6/2007 on the file of Commissioner for Workmen's Compensation. Chitradurga. has come up in this appeal challenging the liability to pay compensation to the claimants fastened on it in the said proceedings by order dated 11.5.2010.2. Brief facts leading to this appeal are:The. case of claimants is that their son Umesh Kumar driver of lorry bearing No.MH. 12/0871 belonging to 1st respondent and insured with 2nd respondent met with an accident on 30.9.2004 in the course of his employment. The said accident took place between Hiriyur and Shira on NH.4 near the land of Shatunukappa resulting in injuries leading to his instant death. Hence, parents of deceased filed claim petition against his employer/1st respondent and insurer of the said vehicle/2nd respondent, seeking compensation for his dentil. In the said proceedings on behalf of claimants 1st claimant adduced evidence and produced in all 12 documents in support of their case, which are ...
Tag this Judgment!Smt. Basheer UnnissA. W/O. Syed Ameer HamzA. Vs. S.Khajapeer, S/O. S.G ...
Court: Karnataka
Decided on: Mar-25-2011
1. This appeal by the claimant is directed against the impugned common judgment and award dated 24th February 2007, passed in M V.C No. 1 /2005, by the Civil Judge(Sr.Dn) and Motor Accident Claims Tribunal, Chinthamani, (for short, 'Tribunal ) for enhancement of compensation on the ground that, the compensation of Rs.25 000/- awarded in favour of the claimant as against her claim for Rs.05.00 Lakhs, is inadequate.2. The occurrence of accident at about 3:30 A.M. on 02/03/2004 and the resultant injuries sustained are not in dispute. It is also not in dispute that the appellant was aged about 60 years as on the date of accident and hale and healthy prior to it.3. On account of the injuries sustained in the accident, the appellant filed the claim petition under Section 166 of the Motor Vehicles Act, before the Tribunal, seeking compensation of a sum of Rs.05.00 lakhs against the respondents. The said claim petition had come up for consideration before the Tribunal on 24th February 2007. Th...
Tag this Judgment!The Manager. National Insurance Co. Ltd. Vs . H. V. Virupaakshaiah. S/ ...
Court: Karnataka
Decided on: Mar-25-2011
1. This appeal is by the insurer of offending vehicle challenging quantum of compensation awarded by the Tribunal.2. Heard. The appeal is admitted and with the consent of learned Counsel appearing for the parties, if is taken up for final disposal.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 9- 12-07, when deceased H.V. Vinod Kumar and his friends were going by walk to see Mallikarjuna Swamy Karihikoisava, near Siddapura garden house, the driver of the goods auto bearing registration No.KA-46 1155 drove the same in a rash and negligent manner and dashed against him. As a result, lie sustained grievous injuries and immediately he was shifted to Halebeedu Hospital and provided first aid. From there he was referred to Hassan Hospital, where he died. His parents and younger sister filed a Claim petition before the MACT, Belur, seeking compensat...
Tag this Judgment!State of KarnatakA. by Its Under Secretary to Government, Water Resour ...
Court: Karnataka
Decided on: Mar-25-2011
1. B.Krishna/ 1st respondent filed an application under S.7(4) and P.10(1) of Payment of Gratuity Act, 1972 and the Rules made there under alleging that, he joined the 2nd petitioner's office as Laboratory Assistant and retired on 30.10.2005. According to him, he was drawing a salary of Rs.8,281/- p.m. at the time of retirement. The claim made in the application was for directing the 2nd petitioner to deposit/pay Rs.1,86,322/- towards gratuity amount for the period of service i.e., 39 years. The application having been filed belatedly, the application seeking condonation of delay was filed. The 2nd petitioner which was shown as the respondent in the application, filed statement of objections and contested the claim. It was stated that, B.Krishna was working on daily wages with effect from 1.5.1969 as Laboratory Assistant and he became permanent servant on 1.1.1990 and retired on attaining the age or superannuation on 30.10.2005. It was further stated that, at the time of retirement fro...
Tag this Judgment!The New India Assurance Co. Ltd. Vs. Sri. Sundara Rai. S/O. Late Naray ...
Court: Karnataka
Decided on: Mar-25-2011
1. This appeal is by the insurer challenging quantum of compensation awarded by the Tribunal.2. Although the appeal is listed in the Orders List, it is heard, the appeal is admitted and with the consent of learned Counsel appearing for the parties, it is taken up for final disposal.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 4-8-06, when the claimant, was driving car bearing registration No.KA- 19-A-2925 from B.C. Road side to SooriKumer side, near Kalladka of Golthamajal village, a lorry bearing registration No. KA-13-6889 came from Uppinangady side towards B. C. Road in a rash and negligent manner and dashed against die car and as a result, the claimant sustained injuries. Hence, he tiled a claim petition before the MACT. Dakshina Kannada. seeking compensation of Rs.8,00.000/-. The Tribunal by impugned judgment and award has awarded comp...
Tag this Judgment!Shri. Shivanna S/O K. Lingaiah. Vs. the General Manager, Kptcl, Kaveri ...
Court: Karnataka
Decided on: Mar-25-2011
1. Heard the learned counsel for the petitioner and the respondent.2. The petitioner was working as a Junior Engineer with the respondent - Corporation a departmental inquiry was initiated against him in respect of certain acts of misconduct. He was dismissed from service on 21.1.1995. The petitioner challenged the said order of dismissal before this court in WP 17842/1997. The matter was heard on merits and the order of dismissal was set aside. The Corporation preferred an appeal against die said order in WA 4408/2000. The appeal, in turn, was dismissed as on 15.12.2003. The petitioner contends that a learned Single Judge of this court while allowing the writ petition and setting aside the order of dismissal had directed that the proceedings be taken up by the respondent from the stage where the show-cause n nice was issued bv the disciplinary authority to show cause as to why the inquiry report ought not to be accepted and punishment imposed on the petitioner.3. It is the contention ...
Tag this Judgment!T.K.Rajan S/O Kunni Pillai. Vs. State of Karnataxa Rep by Tis Secretar ...
Court: Karnataka
Decided on: Mar-25-2011
1. The petitioner has sought for quashing the letter/order dated 09-10-2009 issued by the second respondent directing the Executive Engineers of various Districts not to release the amounts due to the petitioner and send the said amounts to the second respondent. Further the petitioner has also sought for a direction to the respondents not to transfer or remit the amount payable to the petitioner to any other Authorities until disposal of the O.S.No.894/2009 on the file of the City Civil Judge, Bangalore.2. In the writ petition, the petitioner has contended that pursuant to the tender notification for maintenance of State Highways dated 5-3-2005 issued by the Karnataka Road Development Corporation Limited, the petitioner being the Contractor engaged in the business of infrastructure development submitted his tender in respect of the maintenance of road of Mangalore Division. The tender amount is Rs. 16.21 crores. As per the notification, the successful tender has to maintain the road, ...
Tag this Judgment!M/S. Go Go Exports Pvt. Ltd. Vs. Government of Karnataka, Department o ...
Court: Karnataka
Decided on: Mar-25-2011
1. The petitioner, a private Ltd., Co., was engaged in processing of fabric in its industrial undertaking situated at Bisavanahalli village besides Anandanavana, Doddaballapur Taluk, Bangalore Rural District. According to the petitioner, it had employed 108 workmen, who are the members of the 2nd respondent - employees' union. The petitioner transferred its undertaking by executing a sale deed in favour of the 3rd respondent on 24.3.2008. The petitioner contends that, upon transfer of the undertaking, services of all the 108 workmen who were on its rolls came to be terminated under S.25-FF of Industrial Disputes Act, 1947 ('the Act' for short). According to the petitioner, individual notices were sent to the workmen, intimating that, their services stood terminated by virtue of transferof undertaking and the simultaneous payment of retrenchment compensation.2. The 2nd respondent raised an industrial dispute in IDA/SR/28/2008. The petitioner filed statement of objections dated 2.6.2008 ...
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