Karnataka Court May 2011 Judgments
Smt Gulabi Wife of Seetharam Jogi and ors. Vs. Vasantha Son of Narasim ...
Court: Karnataka
Decided on: May-27-2011
1. Though this matter is listed for admission, with consent of learned counsels for respective parties, it is taken up for final disposal. 2. This appeal is by the claimants seeking for enhancement of compensation on account of the death of the deceased Seetbaram Jogi in a motor accident. 3. For the sake of convenience the parties in this appeal would be referred to by their rankings as they are arrayed in the claim petition before the tribunal. 4. The brief facts of the case are:- The claimants are the wife, son. daughter and parents of the deceased Seetharam Jogi. Among the parents Nagappa Jogi, father expired during the pendency of the claim petition. According to them, the deceased was aged about 38 years, Archak and also a tailor by profession earning 6.500/- p.m. He was hale and healthy prior to the accident. On 19.4.1999 the deceased was travelling in the bus bearing No.KA 14:6566. When the said bus was in the limits of Mudhok village at about 3 p.m. the lorry bearing Regn.No.KA...
Tag this Judgment!The New India Assurance Co. Ltd. Vs. M Sureshappa and ors.
Court: Karnataka
Decided on: May-27-2011
1. Though this matter is listed for admission, with consent of learned counsels for respective parties as records have also been received, it is taken up for final disposal. 2. This appeal is by the appellant/insurer challenging the liability fastened on them to satisfy the award and further directing them to recover from the first respondent/owner. 3. For the sake of convenience the parties in this appeal would be referred to by their rankings as they are arrayed in the claim petition. 4. The claimant-Smt. Sanna Durgamma filed claim petition u/s.166 of the M.V. Act claiming compensation in respect of the personal injuries which sly. sustained in a motor accident that took place on 9.7.2004 at about 5.30 p.m. at Mylar village Involving the autoriekshaw bearing Regn.no.KA-27/2776 owned by the first respondent and insured with the second respondent at the relevant point of time. 5. It is the case of the claimant that she is aged about 65 years a coolie by profession earning more than 5,0...
Tag this Judgment!Abdul SaleemuddIn Bangalore Rural District Vs. Vasanth Kumar, Bangalor ...
Court: Karnataka
Decided on: May-27-2011
(Prayer: This MFA is filed U/S 173(1) of MV Act, against the Judgment and Award dated: 01/12/2007 passed in MVC No.7584/2006 on the file of the XIII Addl. Judge, Court of Small Causes, Member, MACT, Metropolitan Area, Bangalore City, SCCH-15, Partly allowing the claim petition for compensation and seeking enhancement of compensation.) 1. This appeal by the claimant is directed against the impugned judgment and award dated 1st December 2007, passed in M.V.C.No.7584/2006, by the XIII Additional Judge, Court of Small Causes, Member, Motor Accident Claims Tribunal, Metropolitan Area, Bangalore, (SCCH-15), (for short, ‘Tribunal’) for enhancement of compensation on the ground that, the compensation of Rs.4,07,700/- with interest @ 6% p.a. awarded in favour of the claimant as against his claim for Rs.15.00 Lakhs, is inadequate. 2. The appellant claims to be aged about 21 years, working as mechanic, earning monthly income of a sum of Rs.9,000/- and hale and healthy prior to the dat...
Tag this Judgment!The New India Assurance Co. Ltd. Vs. M. Sureshappa and Another
Court: Karnataka
Decided on: May-27-2011
(This MFA is filed u/s 173(1) of MV Act, against the judgment and award dated 24.03.2008 passed in MVC No.137/2005 on the file of Civil Judge (Sr.Dn.) and MACT, Harihar, awarding A compensation of Rs.2,01,200/- with interest @ 6% p.a. from the date of petition till payment.) Though this matter is listed for admission, with consent of learned counsels for respective parties as records have also been received, it is taken up for final disposal. 2. This appeal is by the appellant/insurer challenging the liability fastened on them to satisfy the award and further directing them to recover from the first respondent/owner. 3. For the sake of convenience the parties in this appeal would be referred to by their rankings as they are arrayed in the claim petition. 4. The claimant Smt. Sanna Durgamma filed claim petition u/s.166 of the M.V. Act claiming compensation in respect of the personal injuries which she sustained in a motor accident that took place on 9.7.2004 at about 5.30 p.m. at Mylar ...
Tag this Judgment!M.N. Priyadatta Vs. State of Karnataka and Others
Court: Karnataka
Decided on: May-27-2011
(Prayer: These petitions are filed under Articles 226 and 227 of the constitution of India, praying to quash the order dated 17.07.2010 issued by the 4th respondent, produced as Annexure A to this writ petition and etc., Misc. W 8899 of 2010 is filed under order (sic) 226(3) of the constitution of India praying to issue directions to the Deputy Commissioner, Ramanagara to expunge the remarks made in the official memorandum dated 4.9.2010 with reference to the pendency of the writ petition and issue A fresh official memorandum thereof and etc.) 1. These writ petitions have come up for orders on Misc W No 8899 for direction, which is an application made by the writ petitioner under Order (sic) 226(3) of the Constitution of India [the word ‘order’ should read as Article], seeking for the further relief through this application as under: “To issue directions to the Deputy Commissioner, Ramanagara to expunge the remarks made in the official memorandum dated 4.9.2010 with r...
Tag this Judgment!State Banksand#8217; Staff Union (Karnataka), Bangalore Vs. Union of I ...
Court: Karnataka
Decided on: May-27-2011
1. Petitioner, Trade Union, aggrieved by the orders dated 11-6-2009, Annexure-N and 16-6-2010; Annexure-P of the Ministry of Labour, Union of India, has presented this petition. 2. Petitioner espoused the cause of Special Assistants in the 2nd respondent-State Bank of India, by filing a petition dated 4-7-2007, Annexure-M, alleging existence of an industrial dispute in the matter of entrustment of additional duties in branches where the position of Deputy Head Cashier (Special Assistants), is available, as recorded in the letter dated 24-4-2007, Annexure-G, more appropriately enabling the Cashier/Officer to delegate to the Special Assistants, work in excess of the duties of Special/Senior Assistants, as set out in the enclosure to the letter dated 5-8-2005, Annexure-F. According to the petitioner, the dispute was one of violation of Section 25-T and Section 9-A of the Industrial Disputes Act, 1947. That petition was opposed by filing a reply statement of the 2nd respondent-State Bank o...
Tag this Judgment!Kiocl (Formerly Kudremukh Iron Ore Company Limited), Bangalore Vs. Uni ...
Court: Karnataka
Decided on: May-27-2011
1. A contract was entered into between the parties on 6-3-1992 for executing certain construction in respect of relocation of Crusher Plant III at Kudremukh. However, the disputes arose between the parties. Ultimately, the matter was referred to arbitration by the parties as per the terms of the agreement. The Arbitral Tribunal passed an award under Arbitration Act, 1940 on 31-5-2007 as per Annexure-N. The operative portion of the award reads thus: “In the result, I make an award in favour of the claimant for a sum of RS.2,40,00,000/- (Rupees Two crores forty lakhs only) being the sum awarded in respect of the claim Nos.2 and 3 with the interest thereon at 10% from 1-1-1996 till the date of the award. Further interest from the date of this award till payment also shall be 10%. Each party shall bear their respective costs incurred before me. Cost of the stamp duty and Court fee, if any, shall be borne by the claimant”. It is also noted in the award that the Arbitrator while ...
Tag this Judgment!Sri Seena Naik Son of Krishna Naik and anr. Vs. Shri M.Gopal, Son of M ...
Court: Karnataka
Decided on: May-26-2011
1. These two appeal arise out of one and the same judgment rendered by the M.A.C.T. Bangalore. The claim petition filed by the appellant in M.F.A.No. 635/2008 was allowed by awarding a compensation of Rs.2,77.700/- and the liability was put on the Insurance Company. The claimant has preferred the appeal seeking enhancement of compensation, whereas the other appeal, M.F.A.No. 2791/2008 is preferred by the Insurance Company aggrieved by the liability being put on it by the Tribunal. 2. The facts in brief are that, on 16.6.2006, the claimant was travelling in the tractor-cum-trailer bearing registration No.KA-06/TA-1394-1395 and according to the claimant, he was travelling as a coolie-cum-loader and unloader and the said vehicle was driven in a rash and negligent manner by the driver concerned and when the driver applied 'he brakes suddenly, the claimant fell down and the tractor ran over his waist portion leading to the claimant suffering number of fractures viz., pelvis fracture, urethr...
Tag this Judgment!Sri H.N.A. Prasad. and ors. Vs. the Commissioner, Bruhat Bangalore Mah ...
Court: Karnataka
Decided on: May-26-2011
1. In these cases, the petitioners have called in question the validity of the sanctioned plan bearing L.P.No.(JC)L.P.No.546/20IO-l I dated 16.9.2010 issued by the second respondent in favour of the third respondent vide Annexure 'K' and for a mandamus directing the first respondent to consider the representation of the petitioners dated 16.11.2010 vide Annexure 'L' and pass appropriate orders thereon after affording them an opportunity of being heard. 2. It is the case of the petitioners that the impugned plan sanctioned in favour of the third respondent is in total violation of the relevant regulations. They have filed a representation as per Annexure 'L' dated 16.11.2010 bringing to the notice of the first respondent that they are the residents in the neighbourhood of property bearing No.41/7, 15th Cross, Malleshwaram, Bangalore and that the plan referred to above has been illegally sanctioned to the third respondent by the second respondent. Since the first respondent did not consi...
Tag this Judgment!State by Police Inspector. Vs. Abdul Suban, Son of Abdul Ajej.
Court: Karnataka
Decided on: May-26-2011
1. This appeal is by the State by the police inspector, Lokayukta calling in question the acquittal of the respondent by the learned trial judge in respect of the offences punishable under Sections 7, 13(l)(d) r/w section 13(2) of the Prevention of Corruption Act, 1988. 2. The facts in brief are that, the respondent-accused while working as a police inspector at Rajagopamagar police station, Bangalore, demanded and accepted Rs.5,000/- from the complainant Shivanna of Byatarayanapura as a motive for showing official favour to the complainant in the matter of recommending the application of the complainant for issuance of the gun licence by the Commissioner of police. 3. The prosecution ease as per the version of the complainant lodged by PW-1 Shivanna in short was that, during 1995 there was an incident of density near the house of the complainant and the complainant apprehended the dacoit by name Ramesh and thereafter a case was registered against the said accused Ramesh. Following the...
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