Karnataka Court June 2011 Judgments
National Insurance Co., Ltd Vs. Smt. Anjali and Others
Court: Karnataka
Decided on: Jun-15-2011
Patil, J 1. This appeal by the Insurer is directed against the judgment and award dated 23rd January, 2008, passed in MVC No.2790/2006, by the XVI Additional Judge, Court of Small Causes, Member, Motor Accident Claims Tribunal, Metropolitan Area, Bangalore (SCCH-14), (for short, ‘Tribunal’) for reduction of compensation and also to set-aside the liability fastened on it, on the ground that, the compensation of Rs.4,79,700/- awarded in favour of the claimants is excessive. 2. The facts in brief are that, the claimants are the mother and sister of the deceased Late U. Thirumal. They filed the claim petition under Section 163-A of the Motor Vehicles Act, contending that, at about 8:15 A.M, on 18-03-2006, when the deceased was walking as a pedestrian, by observing all traffic norms, cautiously, at that time, all of a sudden, a Tata Mobile Vehicle bearing No.GA-01/T-5330 came in a very high speed, in a rash and regligent manner and dashed against the deceased. Due to the impact,...
Tag this Judgment!Sathee Premnath and Others Vs. Mysore Urban Development Authority and ...
Court: Karnataka
Decided on: Jun-15-2011
(Prayer: Writ Appeal No.1288/2008 is filed U/s 4 of the Karnataka High Court Act praying to set aside the order passed in the writ petition No.21155/2005 dated 25/7/2008.) 1. These writ appeals are filed by the petitioners in W.P.No.7226/2007 and connected writ petitions wherein the learned Single Judge, by common order dated 25-7-2008 has dismissed the writ petitions with certain observations. 2. All these writ appeals are disposed of by this common order since the common questions of fact and law pertaining to the acquisition of the properties belonging to the petitioners in the writ petitions out of which, these appeals arise, by the City Improvement Trust Board (hereinafter called the ‘CITB’) which is now succeeded by the Mysore Urban Development Authority (hereinafter called ‘MUDA’). 3. For the purpose of convenience, the facts pertaining to W.P.No.7226/2007, the order which has been challenged in W.A.No.1207/2008 being the main case to which other appeals ...
Tag this Judgment!Oriental Insurance Co. Ltd., Now Rep by Its Regional Manager, Bangalor ...
Court: Karnataka
Decided on: Jun-15-2011
(Prayer: This MFA is filed under Sec.173(1) of MV Act against the judgment and award dated 21.2.2006 passed in MVC No.931/2003 on the file of the Prl. Civil Judge (Sr.Dn.) and Addl. MACT., Tumkur, awarding a compensation of Rs.3,72,134/- with interest at the rate of 8% p.a. from the date of petition till the entire amount is paid.) 1. This appeal by the appellant-insurance company is directed against the judgment and award dated 21.2.2006 passed in MVC No.931/03 by the MACT., Tumkur challenging the compensation awarded to R-1/claimant. 2. Facts in brief are: R-1 lodged a claim petition before the MACT., Tumkur stating that on 4.6.2003 at about 3-30 p.m. while he was carrying a submersible pump and proceeding towards bus-stand of Kestur village, a motor cycle bearing No. KA-06-S-885 ridden by its rider came in a rash and negligent manner from his behind and dashed against him. On account of the impact, his left hand was completely crushed and he was admitted to District hospital, ...
Tag this Judgment!The Assistant Provident Fund Commissioner, Bangalore Vs. M/S. Chinmaya ...
Court: Karnataka
Decided on: Jun-15-2011
(Prayer: This Writ Petition is filed Under Articles 226 and 227 of the Constitution of India praying to quash order dated 15.10.2010 passed in ATA No. 607(6) 2006 (ANNEXURE – H) passed by the Employees provident fund Appellate Tribunal, New Delhi: and Etc.) 1. The Asst. Provident Fund Commissioner aggrieved by the order dt. 15.10.2010 in ATA 607(6)2006 of the Employees’ Provident Fund Appellate Tribunal, for short the ‘Tribunal’ allowing the appeal filed by the respondent-Chinmaya Mission Hospital and setting-aside the order dt. 21.4.2006 Annexure-D of the Asst. Provident Fund Commissioner in a proceeding under Section 7-A of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, for short the ‘Act’, modifying the order allotting code number K N 5115 to M/s Chinmaya Mission Hospital by including Karnataka Chinmaya Seva Trust, as well as Chinmaya Mission Hospital Institute of Nursing under the same code number as a common establi...
Tag this Judgment!Betta Alias Kariaiah Vs. State by Nanjangud Rural Police, Bangalore
Court: Karnataka
Decided on: Jun-14-2011
1. This appeal is filed challenging the judgment dated 06.06.2005 passed by the Presiding Officer, Fast Track Court-III, Mysore in S.C.No.115/2004 convicting the appellant for the offence under Section 307 of I.P.C. and sentencing him to undergo R.I. for three years and to pay fine of Rs.1,000/- and in default to undergo S.I. for three months. 2. The case of the prosecution is that, on 22.12.2003 at about 8.30 p.m. in front of the house of one Puttanka Naika at Debur Village, the accused had assaulted the complainant Mariswamy with chopper below his left ear with such intention or knowledge and under such circumstances that if by threat he had caused the death of CW-1 he would have been guilty of murder of the said Mariswamy, thereby he is alleged to have committed an offence under Section 307 of I.P.C. 3. The prosecution in order to prove the case has examined in all 13 witnesses-PW-1 to PW-13 and got marked Ex.P1 to P11 and produced MOs 1 to 6. The defence of the accused is one of to...
Tag this Judgment!Smt. Puttamma and Others Vs. Executive Engineer (Elc.) Kptcl, Major Wo ...
Court: Karnataka
Decided on: Jun-14-2011
1. In this writ petition the petitionersare aggrieved by the order passed by the District Magistrate, Chikmagalur on 12.5.2011 under Section 16(1) of the Indian Telegraph Act, 1885, directing the petitioners and any persons claiming under them not to obstruct the first respondent in installing the electrical tower for the purpose of laying a new power line on location No.166, as the laying of the tower according to the first respondent was necessitated due to the existing 66 KV power line getting deteriorated. 2. The Executive Engineer approached the District Magistrate by filing a petition under Section 164 of the Electricity Act 2003 and Section 16 of the Indian Telegraph Act. 1885. The District Magistrate, after hearing both parties has passed the impugned order holding that in the interest of public, the permission deserved to be granted to the first respondent to lay the power line by preventing the petitioners from obstructing the work in the land in Sy.No.31 of Basvanahalli Vill...
Tag this Judgment!The Manager, United India Insurance Company Limited, Now Represented b ...
Court: Karnataka
Decided on: Jun-14-2011
(Prayer: This MFA filed under section 173(1) of the Motor Vehicle Act against the Judgment and award dated 22.03.2007 passed in MVC. No.1389/2006 on the file of the 1st Additional Judge, MACT, Metropolitan area, (SCCH-11), Bangalore, awarding a compensation of Rs.3,88,500/- with interest a 6% P.A.) 1. This appeal is by the insurer, questioning the liability fastened on it to pay the compensation awarded by the 1st Additional Judge and Motor Accident Claims Tribunal, (SCCH-11) Bangalore, in MVC. No.1389/2006, dated 22.03.2007. 2. The respondents-1 to 3 are the wife, mother and daughter of deceased Sabanna, who died in a motor accident that occurred on 17.07.2005, involving autorickshaw bearing No.KA-11/3025. During the enquiry before the Tribunal, the claimant-respondents have established the factum of occurrence of accident, involvement of the offending vehicle-autorickshaw bearing No.KA-11/3025, rash and negligent driving of its rider, the insurance coverage of the said vehicle with t...
Tag this Judgment!The Oriental Insurance Co., Ltd., Rep. by Regional Office, Bangalore, ...
Court: Karnataka
Decided on: Jun-14-2011
(Prayer: This MFA is filed U/S 173(1) of MV Act against the judgment and award dated: 12/01/2010 passed in MVC No. 1548/2006 on the file of the I Additional District Judge and Member, MACT-II, Dakshina Kannada, Mangalore, awarding a compensation of Rs.4,42,000/- with interest @ 6% p.a. from the date of petition till realization.) 1. Though this matter is posted in Admission List, with the consent of learned counsel for both the parties, the same is taken up for final disposal. 2. This appeal by the appellant-Insurer is directed against the impugned common Judgment and award dated 12/01/2010 passed in MVC No.1548/2006 on the file of the I Additional District Judge and Member, Motor Accident Claims Tribunal-II, Dakshina Kannada, Mangalore, (hereinafter referred to as Tribunal’ for short). 3. By its common judgment and award, the Tribunal has awarded a sum of Rs.4,42,000/- with interest at 6% p.a., from the date of petition till realization as against the claim made by the claimants...
Tag this Judgment!Ganganna Vs. the Deputy Commissioner Bangalore Urban District Bangalor ...
Court: Karnataka
Decided on: Jun-13-2011
(This petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the R1, to consider the interlocutory application in IA.No.1 for stay in PTCL (SC and ST) Appeal No.125/08-09 and to pass an order on IA.No.1 ‘ANN-B and direct the R1 and R2, are not to change the katha of the Land Measuring 3 Acres and 2 Guntas in A Sy.No.68/2B. Situated at Baleveeranahalli, Dasanapura Hobli, Bangalore North TQ. In terms of the ordered dt.11.7.08 passed in Appeal/Revision No.KSC.ST.56/05-06 and etc.,) This writ petition is typical example of misuse and abuse of judicial review of administrative action under Article 227 of the Constitution of India. 2. The unwilling purchasers of land granted in favour of persons belonging to scheduled caste community leave no effort and no stone unturned in getting over adverse orders suffered by them either before the Assistant Commissioner in the first instance in an enquiry under section 5 of the Karnataka Scheduled Caste and Sc...
Tag this Judgment!Namrata Hallur, Bagalkot and Others Vs. the State of Karnataka, Rep. b ...
Court: Karnataka
Decided on: Jun-13-2011
(Prayer: W.P.Nos.36819/2010 and 38064-8070/2010 are filed under Articles 226 and 227 of the Constitution of India praying to set aside the order dated 1.9.2010 passed by the Hon’ble Karnataka Administrative Tribunal, Bangalore in application Nos.249 254/2010 c/w 447 and 486 of 2010 vide Annexure-A.) 1. Writ Petition No.30317/2010 and Writ Petition No.30423/10 are filed by the Karnataka Public Service Commission challenging the legality and correctness of the order passed by the Karnataka Administrative Tribunal, Bangalore on Applications No.249-254/10 connected with Application Nos.447 and 486/10. Writ Petition No.36819/10 is filed by the State of Karnataka challenging the very same order passed by the Karnataka Administrative Tribunal. Writ Petition No.29097-29121/10 and Writ Petition No.29310-29359/10 are preferred by certain individuals who were not parties in the aforesaid applications. These petitions are filed by the persons who are not parties before the Karnataka Administ...
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