Court : Karnataka Dharwad
..... is returned dishonoured, the liability of authorized insurer to indemnify third parties in respect of the liability which that policy covered subsists and it has to satisfy award of compensation by reason of the provisions of sections 147 (5) and 149 (1) of the m.v.act unless the policy of insurance is cancelled by the authorized insurer and intimation of such cancellation has reached the insured before the accident. ..... sri.tulsidas channappa soudagar, age major, occ: business, r/o: paragaon galli, athani, dist: belagavi-590001.6. ..... tulasidas channappa soudagar, age major, occ: business, r/o: paragaon galli, athani, dist: belagavi-590001. ..... tulasidas channappa soudagar, age major, occ: business, r/o: paragaon galli, athani, dist: belagavi-590001. ..... tulsidas channappa soudagar, age major, occ: business r/o: paragaon galli, athani, dist: belagavi-590001. ..... adveppa saidu bandagar, age major, occ: business, r/o: siddhanatth, tq: jath, dist: sangali-416404.3. ..... saidu bandager, age major, occ: business, r/o: siddanath, tal: jath, dist: sangali-416416.7. ..... adveppa saidu bandagar, age major, occ: business, r/o. ..... adveppa saidu bandagar, age major, occ: business, r/o. ..... adveppa saidu bandagar, age major, occ: business, r/o. ..... tulasidas channappa soudagar, age major, occ: business, r/o. ..... tulsidas channappa soudagar, age major, occ: business, r/o. ..... adveppa saidu bandagar, age major, occ: business, r/o. ..... tulsidas channappa soudagar, age major, occ: busines, r/o. ..... adveppa saidu bandagar, age major, occ: business, r/o. .....
Tag this Judgment!Court : Karnataka Dharwad
..... schedule in the event the age of victim is 17 36 or 20 years and his annual income is rs.40,000/-, his heirs/legal representatives is to receive a sum of rs.7,60,000/-, however, if an application for grant of compensation is filed in terms of section 166 of the 1988 act that much amount may not be paid, although in the former case the amount of compensation is to be determined on the basis of no fault liability and in the later on fault liability . ..... (both are r/o halekote village, siruguppa taluk, bellary district) sri shivaraj, s/o sanna ramana, age: major, occ: driver of the tractor bearing temporary reg.ka-36/t-2269 (engine no.erow-1002 & chassis no.frow1002 r/o uthakanur village, manvi taluk, raichur ..... sri shivaraj, s/o sanna ramana, age: major, occ: driver of the tractor bearing temporary reg.ka-36/t-2269 (engine no.erow-1002 & chassis no.frow1002 r/o uthakanur village, manvi taluk, raichur ..... sri shivaraj, s/o sanna ramana, hindu-major, driver of the tractor bearing temporary reg.ka-36/t-2269 (engine no.errow-1002 & chassis no.frow1002 r/o uthakanur village, manvi taluk, raichur ..... sri shivaraj, s/o sanna ramana, age: major, occ: driver of the tractor bearing 5 temporary reg.ka-36/t-2269 (engine no.erow-1002 & chassis no.frow1002 r/o uthakanur village, manvi taluk, raichur district ..... ) sri shivaraj, s/o sanna ramana, hindu-major, driver of the tractor bearing temporary reg.ka-36/t-2269 (engine no.errow-1002 & chassis no.frow1002 r/o uthakanur village, manvi taluk, raichur .....
Tag this Judgment!Court : Karnataka Dharwad
..... the learned counsel for the -26- appellant/ insurer has vehemently argued that the claimant no.1 is the wife of deceased, claimant no.2 to 4 are the major children of the deceased and therefore, there must be 50% deduction of the income towards personal expenses of the deceased and the claimant no.2 to 4 cannot be considered as dependants ..... a claim petition in mvc no.637/2007 under section 166 of the motor vehicles act (hereinafter referred to as the act), claiming compensation of rs.24,76,500/- for the injuries sustained by him in the road traffic accident that was occurred on 05.01.2007, whereas the respondents/appellants in mfa no.21122/2009 filed claim petition in mvc no.418/2007 under section 166 of the act claiming compensation of rs.25,45,000/- for the death of late siddarameshwar hiremath, who died ..... of the deceased is between 51 and 55 years the multiplier is 11, which is specified in the ii column in the ii schedule in the motor vehicles act, and the tribunal has not committed any error by accepting the said multiplier. ..... the honble division bench of this court has held as under:-"(a) motor vehicles act, 1988, section 168 loss of future earnings award of compensation to injured under head of claim made by injured businessman on ground that injuries suffered by him and consequent handicap have adversely affected management of his business ..... r1-r4; r5, r7 & r8 served; r6 notice held sufficient) --- this mfa is filed u/s173of mv act, 1988 against the judgment and award dtd:02. .....
Tag this Judgment!Court : Karnataka Dharwad
..... the learned counsel for the -26- appellant/ insurer has vehemently argued that the claimant no.1 is the wife of deceased, claimant no.2 to 4 are the major children of the deceased and therefore, there must be 50% deduction of the income towards personal expenses of the deceased and the claimant no.2 to 4 cannot be considered as dependants ..... a claim petition in mvc no.637/2007 under section 166 of the motor vehicles act (hereinafter referred to as the act), claiming compensation of rs.24,76,500/- for the injuries sustained by him in the road traffic accident that was occurred on 05.01.2007, whereas the respondents/appellants in mfa no.21122/2009 filed claim petition in mvc no.418/2007 under section 166 of the act claiming compensation of rs.25,45,000/- for the death of late siddarameshwar hiremath, who died ..... of the deceased is between 51 and 55 years the multiplier is 11, which is specified in the ii column in the ii schedule in the motor vehicles act, and the tribunal has not committed any error by accepting the said multiplier. ..... the honble division bench of this court has held as under:-"(a) motor vehicles act, 1988, section 168 loss of future earnings award of compensation to injured under head of claim made by injured businessman on ground that injuries suffered by him and consequent handicap have adversely affected management of his business ..... r1-r4; r5, r7 & r8 served; r6 notice held sufficient) --- this mfa is filed u/s173of mv act, 1988 against the judgment and award dtd:02. .....
Tag this Judgment!Court : Karnataka Dharwad
..... under the earlier law, the jurisdiction to decide the cases falling under sections 166 and 163a of the motor vehicles act, 1988 (for short act, 1988 ) was with district courts designated as motor accidents claims - 27 - rfa no.1659 of 2007 c/w rfa.crob no.101 ..... also reveal that appeals under section 173(1) of act 1988, form a major portion of appeals in the high court. ..... assuming that plaintiff no.1 had no cause of action to file suit in the year 1995, as the amendment of section 6 of act, 2005 is held to be retrospective in operation, it must be deemed that the daughter had a share in the properties when the suit was ..... hence, the following discussion: (i) under section 5 of the karnataka high court act 1961 (for short, act of 1961 ), the regular first appeals would lie before the single judge, if the value of the subject matter of the suit ..... the escalation in property value, there are many compelling reasons to have a re-look at the provisions of the act of 1961 and the act of 1964 governing the jurisdiction of the courts relating to first appeals. ..... being the position, given the fact that the amendment to section 6 of the act is retrospective in operation, the plaintiffs are entitled to claim a share in the ..... (ii) under section 19 of the karnataka civil courts act, 1964 (for short, act of 1964), the first appeal under section 96 of the code of civil procedure,1908 (for short code ) lies to the district court if the value of the suit is between - 19 - rfa no.1659 of 2007 c/w rfa.crob .....
Tag this Judgment!Court : Karnataka Dharwad
..... so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this act: provided that where an award has been made and compensation in respect of a majority of land holdings has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in the notification for acquisition under section 4 of the said land acquisition ..... the requirement of the proviso is that in order to be governed by the provisions of the old act, atleast in majority of cases where awards have been passed, compensation amount ought to have been deposited in the account ..... : (2) notwithstanding anything contained in sub-section (1), in case of land acquisition proceedings initiated under the land acquisition act, 1894, where an award under the said section 11 has been made five years or more prior to the commencement of this act but the physical possession of the land has not been taken or the compensation has not been paid the said proceedings shall be deemed to have lapsed and the appropriate government, if it ..... award under section 11 of the said land acquisition act has been made, then, all provisions of this act relating to the determination of compensation shall apply; or (b) where an award under said section 11 has been made, then such proceedings shall continue under the provisions of the said land acquisition act, as if the said act has not been repealed. :10. .....
Tag this Judgment!Court : Karnataka Dharwad
..... similarly in the case on hand absolutely there is no material to show that the deceased was workman under the definition as provided under the act nor it is made out that the deceased was 16 engaged in manufacturing process or incidental work to manufacturing process in the factory of the ..... per contra, the learned high court government pleader submitted that the petitioner ought to have proceeded under section 101 of the act providing information to the respondent as to the persons who are responsible for the death of the deceased in their factory ..... brief facts of the case are that, the petitioner no.1 is designated as occupier of the factory under the act, 1948, at the time of accident and petitioner no.2 is the factory 3 manager under the act, in the factory by name grasim industries limited, grasilene division, kumarapatnam, tq: ranebennur, dist: haveri. ..... therefore the deceased cleaner was not the worker as defined under section 2(l) of the act and therefore the provisions of the act are not applicable in respect 8 of the accident resulting the death of lorry cleaner ..... court in the case of d.kumarswamy (major) and another stated supra, has held that where the accident had been caused apparently by unauthorized use of machinery and out of sheer negligence of the 15 workman, it cannot be held that the petitioner can be held for violation of the act.14. ..... the said company is registered under the provisions of the companies act, 1956, and having its registered office at nagda, madhya .....
Tag this Judgment!Court : Karnataka Dharwad
..... if petitioners are permanent residents of jamakhandi, then i am of the view that since there is no dispute that jamakhandi which was erstwhile princely state and part of bombay province, the custom of adopting a major child is judicially recognized and therefore, i am of the view that the proof of the said custom is not necessary. ..... in view of conflict of views, the question whether word custom or usage occurring in section 10(iii) and 10(iv) read with section 3(a) of the act includes within its sweep the rules of bombay school of hindu law (mayukha) was referred to a full-bench. ..... pronouncement of order this day, the made the following: order captioned petition is filed by the petitioners assailing the order of the court below on petition filed under section 8 and 9 of the hindu adoption and maintenance act, 1956 (for short the act ) seeking permission to permit petitioner no.1 to act as guardian of petitioner no.2 and consequently permit petitioner no.1 to adopt petitioner no.2.2. ..... on examining the petition filed under section 8 and 9 of the act, it is clearly evident that the petitioners are resident of jamakhandi. ..... therefore, the learned judge erred in rejecting the petition on the ground that no evidence is adduced to substantiate that there is custom of adopting a major person. ..... though section 10 of the act creates age bar under sub-section (iv) to section 10 of the act, however it does not apply to the parties who are governed under bombay school of law. .....
Tag this Judgment!Court : Karnataka Dharwad
..... order of detention must, as soon as may be, communicate to the detenu the grounds on which the order of detention has been made and under sub-section (3) of section 3 of the cofeposa act, the words as soon as may be have been translated to mean ordinarily not later than five days and in exceptional circumstances and for reasons to be recorded in writing not later than fifteen days, ..... really and genuinely satisfied after proper application of mind to the materials before him that it was necessary to detain the petitioner with a view to preventing him from acting in a prejudicial manner, he would have acted with greater promptitude in securing the arrest of the petitioner immediately after the making of the order of detention, and the petitioner would not have been allowed to ..... respondent no.2 has not served any notice before passing the detention order dt.27.3.2023 and no inquiry proceedings were initiated and without following the procedure as per sec.8 of the goonda act the impugned order is passed.12) it is submitted that the respondent no.1 has not considered the objection filed by the detenue properly and has been overlooked by the respondent no.1 and ..... passed by the district magistrate are called in question and majority of such orders would get set aside by higher courts only on technical errors, this court has requested sri.kiran s javali, learned senior counsel who was the state public prosecutor for the state earlier, to act as an amicus and assist in disposal of the present .....
Tag this Judgment!Court : Karnataka Dharwad
..... control order, 1992, having not conferred power to review or recall an order, respondent no.1 has acted illegally in passing the order, as at annexure-c, thereby, rescinding the order passed vide annexure-b. ..... pradyuman singji arjunsighji (air1970sc1273, major chandra bhan singh v. ..... it must be conferred by law either expressly/specifically or by necessary implication and in the absence of any provision in the act/rules, review of an earlier order is impermissible as review is a creation of statute. ..... : annexure-b and the control order having not conferred any power of review or recall, has acted arbitrarily and illegally in passing the order, as at annexure-c. ..... in the absence of any provision in the act granting an express power of review, it is manifest that a review could not be made and the order in review, if passed, is ultra vires, illegal and without jurisdiction. .....
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