Court : Karnataka Dharwad
(Prayer: This writ petition is filed under article 226 and 227 of Constitution of India. It is prayed that this Hon’ble High Court may kindly be pleased to 1) issue a Writ in the nature of Certiorari quashing the order of the Hon’ble Court below dated 18.4.2006 on I.A.No.1 filed by the petitioner under 0.XXXVIII Rules 5 of C.P.C. in Misc. Petition No.10/2004 vide Annexure-E and order dated 1.2.2007 on the I.A.No.V, filed by the Petitioner under 0.XXXIX R.1 and 2 in Misc. Petition No.10/2004 vide Annexure-G, and to further allow the said applications. 2) Grant such other relief’s as are deemed fit and necessary under the circumstances of the case including the cost of this writ petition.) 1. This writ petition is by the Karnataka State Financial Corporation (hereinafter it is referred to as Corporation for the sake of brevity) seeking quashing of the orders dated 18.04.2006 passed on I.A.Nos.2 and 5 respectively in Miscellaneous Petition No.10/2004 by the District and ...
Tag this Judgment!Court : Karnataka Dharwad
(Prayer: This Misc First Appeal is filed under Section 173(1) of M.V. Act, 1988, against the judgment and award dated: 14.06.2010, passed in M.V.C.No.544/2006, on the file of the Addl. Senior Civil Judge and AMACT, Ranebennur, Awarding the compensation of Rs.2,06,896/- with interest at the rate of 6% p.a. from the date of petition till its realisation.) 1. Appeal by the insurance company under Section 173(1) of the Motor Vehicles Act, 1988 (for short, the Act), to wriggle out of the joint liability in terms of the order and award dated 14-6-2010 passed in MVC No 544 of 2006, on the file of Addl Civil Judge and AMACT, Ranebennur, on the most frivolous and cantankerous ground of the person who was driving the vehicle – an autocab – permitted to carry three passengers in addition to the driver, was not duly licenced to drive that vehicle, though such person did hold a valid licence to drive a “transport vehicle” as endorsed on the very licence. 2. It is for making ...
Tag this Judgment!Court : Karnataka Dharwad
(Prayer: This appeal is field u/s. 173(1) of MV Act against the judgment and award dated 07.02.2004 passed in MVC.No.54/2001 on the file of the Member, AMACT, Sirsi, partly allowing the claim petition for compensation and seeking enhancement of compensation.) 1. Appeal by the injured-claimant against the order and award dated 07.02.2004 passed by the Member, Addl. MACT, Sirsi, in M.V.C.No.54/2001 dissatisfied with the quantum of compensation assessed at a sum of Rs.23,520/- by the Tribunal in respect of the injures and the consequential pain and suffering etc., by the injured-claimant attributable to the accident caused by motor vehicle bearing registration No.KA 22/M-885 while it was proceeding from Dandeli Patel Circle. 2. The injured, a daily wage earner lady had claimed compensation of Rs.2 lakhs saying that she has suffered grievous injuries such as crush lacerated wound on upper half of the left leg and other related injuries, that she had been an inpatient at Patel Nursing Home,...
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Reported in : 2012(2)KCCR1328
(Prayer: This Misc First Appeal is filed under Section 173 (1) of M.V.Act, 1988, against the judgment and award dated 02.03.2010 passed in MVC No.123/2009. On the file of the Prl. District and sessions judge cum Member, MACT, Bellary, awarding the compensation of Rs.4,45,000/- with interest at the rate of 6% p.a., from the date of petition till realization.) 1. Nationalized insurance companies after issuing policies sought to be projected as comprehensive policies covering all sorts of risks of the insured-owners of motor vehicles, when are confronted with awards passed by motor accident claims tribunals at the instance of the injured victims or dependents of a victim who has breathed his last in the accident, come up with all sorts of fantastic grounds and points in an appeal even when having not made good any such defence before the tribunal in spite of extending an opportunity to defend their cases and even without any pleading or supporting material having been made good before the...
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Suri Appa Rao, J 1. This appeal is filed under section 374 (1) of the Code of Criminal Procedure against the Judgment of conviction and order of sentence dated 8th July, 2011 in S.C. No. 6/2011 on the file of the Fast Track Court-I, Chikodi, whereby the appellants who are accused Nos.1 and 2 have been convicted for the offence under Section 302 r/w section 34 of I.P.C., sentencing them to undergo imprisonment for life and to pay fine of Rs. 5,000/- each, in default of payment of fine to undergo simple imprisonment for five months. 2. The relevant facts leading to filing of this appeal are as follows: The 1st appellant – Halappa Bharama Gavanale is the father of 2nd Appellant – Rama Halappa Gavanale. The family of the deceased No.1 Kallappa owned a land in Hulloli, but he shifted his family to Umarani about 6 years back. The accused and the deceased owned sheep and the accused were grazing their sheep in the land of Thabagouda Shivagouda Patil – PW-9. The accused were ...
Tag this Judgment!Court : Karnataka Dharwad
(Prayer: This WP Filed Under Articles 226 and 227 of the Constitution of India praying to quash the order/notification dated:18/10/2010, passed by the first respondent, produced at Annexure-E to this Writ Petition.) 1. This writ petition raises a short, but important question regarding the appointment of a Vice-Chancellor of a University under the provisions of the Karnataka Universities Act, 2000 (hereinafter referred to as ‘the Act’, for the sake of brevity). The petitioner has assailed the notification dated 18.10.2010 issued by the first respondent-Chancellor produced at Annexure-E and has sought consequential directions. 2. The petitioner is stated to be an eminent academician having obtained M.Sc., in Bio-Chemistry in first class and Ph.D., from Simon Fraser University, Canada. He is said to be the senior most professor in the 4th respondent-Karnatak University(hereinafter, referred to as ‘the University’) established under Section 3 of the Act. The achiev...
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Sreedhar Rao, J. 1. The appellant/petitioner sustained fracture of right tibia in a Motor vehicle accident. The occurrence of accident, negligence of the driver of the offending vehicle and coverage of insurance is not in dispute. The petitioner has filed a claim petition for compensation and is in appeal seeking enhancement of compensation. 2. The petitioner was working as a Medical Sales Representative. The petitioner was paid a salary of Rs.2,500/- with additional benefit of Rs.1,100/- towards other incentives. Besides, he was paid Rs.3,000/- as TA and DA for promoting sales and his net salary should be considered as Rs.3,600/- and an amount of Rs.3,000/- paid would be necessarily spent for TA and DA and it does not accrue as of income to the petitioner. The nature of work of the petitioner involve extensive travels, which involves physical movements. The fracture involved would result in disability at 10%. The said disability would affect the efficiency. The income loss proportiona...
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Sreedhar Rao, J. 1. The appellant/petitioner sustained fracture of right tibia in a Motor vehicle accident. The occurrence of accident, negligence of the driver of the offending vehicle and coverage of insurance is not in dispute. The petitioner has filed a claim petition for compensation and is in appeal seeking enhancement of compensation. 2. The petitioner was working as a Medical Sales Representative. The petitioner was paid a salary of Rs.2,500/- with additional benefit of Rs.1,100/- towards other incentives. Besides, he was paid Rs.3,000/- as TA and DA for promoting sales and his net salary should be considered as Rs.3,600/- and an amount of Rs.3,000/- paid would be necessarily spent for TA and DA and it does not accrue as of income to the petitioner. The nature of work of the petitioner involve extensive travels, which involves physical movements. The fracture involved would result in disability at 10%. The said disability would affect the efficiency. The income loss proportiona...
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(Prayer: MFA/Crob. Is filed u/o 47 Rule 22 of CPC, r/w. SEC. 173(1) of MV Act, 1988, against the judgment and order DTD:09-01-2009 passed in MVC No.116/2008 on the file of the civil judge (Sr.Dn.) and member, MACT, Gangavathi, awarding the compensation of Rs.1175,895/0- with interest at the rate of 8% p.a. from the date of petition till deposit.) 1. Insurers appeal against the judgment questioning the direction of the Tribunal to indemnify the insured to pay compensation to the claimants. 2. Appeal and cross-objection are admitted and taken up for final disposal by consent. 3. From what learned counsel of both sides have adverted, the genesis of appeals is a motor vehicle accident on 26.06.2007 involving a motor cycle bearing No.KA 37/L1346 and a stationery lorry bearing No.KA 25/8235 in which the rider of the motor cycle Basanna suffered injuries and died. The pillion rider also died in the said accident. The legal heirs of victims lodged claim seeking compensation. 4. The insured own...
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1. The legality and correctness of the judgment and decree passed in M.C. No.50/2007 on 06.01.2010 by the First Additional Civil Judge (Sr.Dn.), Hubli is called in question in the instant appeal. 2. The respondent filed a petition for grant of decree of divorce to dissolve the marriage solemnised on 08.05.2004 between the parties herein at Gangadhar Nagar, Hubli under Section 13(1) (ia) and (ib) of the Hindu Marriage Act on the ground of desertion and cruelty. 3. According to the petition averments, the marriage was solemnised on 08.05.2004. They lived happily at Hubli till 20.12.2004. According to him, the wife is of adamant nature; she used to quarrel with him without any reason and same treatment was extended to his family members; she was not co-operative with him; she always used to use filthy language; she was very-very cruel and rude to him; she is a short-tempered lady; she was insulting him and his parents, and she was also proclaiming that she has no intention to lead marital...
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