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Oct 16 2014 (HC)

Amaresh and Others Vs. The Divisional Manager and Others

Court : Karnataka Gulbarga

(Prayer: This MFA Filed Under Section 173 (1) Of MV Act Against The Judgment And Award Dated 05.04.2012 Passed In MVC No.07/2011 On The File Of Prl. Senior Civil Judge and M.A.C.T. Gulbarga, Partly Allowing The Claim Petition And Seeking For Enhancement Of Compensation. This MFA Filed Under Section 173 (1) Of MV Act Against The Judgment And Award Dated 05.04.2012 Passed In MVC No.07/2011 On The File Of The Senior Civil Judge and M.A.C.T. Gulbarga, Partly Allowing The Claim Petition And Awarding Compensation Of Rs. 7,60,000/- With Interest At 6% P.A.) 1. Though the matters are posted in the list of admission, with the consent of learned counsel for both the parties, they are taken up for final hearing and are being disposed of by this judgment. 2. While the claimants have filed an appeal seeking enhancement of compensation for the death of Avinash in the motorcycle accident, the insurer has filed other appeal challenging its liability to pay the compensation. 3. The facts reveal that on...

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Oct 15 2014 (HC)

Manjunath @ Manjugouda Vs. B.S. Biradar and Another

Court : Karnataka Gulbarga

(Prayer: This MFA Is Filed U/S 173(1) Of MV Act, Against The Judgement And Award Dt: 20.03.2012 Passed In MVC No: 209/2012 On The File Of Motor Accident Claims Tribunal (Ftc-I), At Raichur, Partly Allowing The Claim Petition And Seeking Enhancement Of Compensation.) 1. Though the matter is listed for admission, with the consent of both side, taken for final disposal. 2. The appellant dissatisfied with the amount of compensation granted by the Tribunal for the injuries sustained in the motor vehicle accident, has filed this appeal, seeking enhancement. 3. The facts reveal that on 30.07.2011, the appellant was travelling in the car bearing reg. No.KA-35/M-6739 and due to the rash and negligent driving of the car by its driver an accident occurred. As a result, the appellant sustained injuries and was treated in the hospital. He suffered disablement. Hence, he made a claim for compensation for pain, suffering, mental agony, medical expenses, etc. His claim petition in MVC No.209/12 was cl...

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Oct 14 2014 (HC)

The Divisional Controller, Hubli Vs. Nelhal Sharnappa and Another

Court : Karnataka Gulbarga

(Prayer: This MFA is filed under Section 173(1) of the M.V. Act, praying to allow the appeal and consequently to set aside the Judgment and Award dated 26.05.2008 passed by the learned Addl. MACT at Raichur in MVC No.178/2005.) 1. The appellant has challenged the quantum of compensation granted to the 1st respondent for the injuries sustained in the motor vehicle accident. 2. The facts reveal that on 28.02.2005, the 1st respondent herein, a District Judge, was proceeding in the bus bearing reg. No.KA-25/F-1681 and at 00.30 hours, the driver lost the control over the vehicle and the bus turtled. As a result, the 1st respondent herein suffered fracture of the left arm and he took treatment at Bangalore and in different other hospitals. There was permanent disability and therefore, a claim was made for compensation towards loss of income, medical expenses, pain, suffering mental agony, etc. The injured was examined as P.W.1 and the doctor, who assessed the disability is examined as P.W.2....

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Oct 13 2014 (HC)

Yallappa Vs. Basavantraya N. Ibrahimpur and Another

Court : Karnataka Gulbarga

(Prayer: This MFA is filed under Section 173(1) of MV Act against the Judgment and Award dated 17.09.2010 passed in MVC No.320/07, on the file of the II Addl. Civil Judge [Sr. Dn.], Bijapur, partly allowing the claim petition and seeking enhancement of compensation.) 1. The appellant dissatisfied with the amount of compensation granted by the Tribunal for the injuries sustained in the motor vehicle accident has filed this appeal, seeking enhancement. 2. The facts reveal that on 25.01.2007 at about 1.30 p.m., the appellant was travelling in Mahindra pickup van bearing reg. No.KA-28/9835 with the agricultural produce. The said vehicle was driven by its driver in a rash and negligent manner and in turn the vehicle met with an accident. The appellant suffered grievous injuries and was admitted in the hospital for treatment. He is said to have suffered disability and therefore, made a claim for compensation. The appellant was examined as P.W.1 and the doctor P.W.2. In their evidence, Exs.P1...

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Oct 07 2014 (HC)

Bheerappa and Others Vs. The State, Reptd By Public Prosecutor

Court : Karnataka Gulbarga

(Prayer: This Crl.P Is Filed Under Section 438 Of Cr.P.C Praying To Grant Anticipatory Bail To The Petitioners In Crime No.151/2014 (Fir No.601/2014) Of Balaganur P.S. Tq: Sindhanur On The File Of Learned Judge Of Addl. JMFC, Sindhanoor, Which Is Registered For The Offences P/U/S/ 143, 147, 148, 324, 326, 307, 504, 506, 149 Of Ipc.) 1. The petitioners have sought for anticipatory bail apprehending their arrest in Crime No.151/2014 of Balaganur police station, registered for the offences punishable under Sections 143, 147, 148, 324, 326, 307, 504, 506 read with Section 149 of IPC. 2. The facts reveal that on 18.08.2014 at about 3.00 p.m. when the injured and other persons were sleeping, the petitioners formed unlawful assembly and armed with the weapons said to have caused assault on the injured persons and on a complaint, the aforesaid crime came to be registered. Apprehending their arrest, the petitioners have approached this Court for grant of anticipatory bail, as their request was ...

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Sep 26 2014 (HC)

Dr. M.G. Shab-Be Mehraj Banu Vs. Rajeev Gandhi University of Health Sc ...

Court : Karnataka Gulbarga

(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution Of India, praying to direct the respondent Nos.3 and 4 to give the admission to the petitioner to the Diploma in Obstetrics and Gynecology Post Graduate course in the respondent No.4 college for the year 2014-15 by cancelling the admission given to respondent No.5 for the D.G.O course for the year 2014-15 and consequently direct the respondent No.1 to approve the admission of the petitioner.) 1. The petitioner herein is seeking a direction in the nature of mandamus to respondent Nos.3 and 4 to cancel the admission given to respondent No.5 for the course of Diploma in Obstetrics and Gynaecology Post Graduation in the fourth respondent college for the year 2014-2015 and in that place to provide admission to petitioner. She is also seeking a direction to respondent No.1 not to approve the admission of respondent No.5 for the said course and for other consequential reliefs. 2. Brief facts leading to this pe...

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Aug 02 2014 (HC)

M/s National Insurance Company Limited, Through its Divisional Manager ...

Court : Karnataka Gulbarga

(Prayer: This Miscellaneous First Appeal is filed under Section 173 (1) of Motor Vehicles Act, 1988 against the Judgement and Award dated 24.01.2009 passed in MVC No. 336/2008 on the file of the II Additional Civil Judge (Senior Division) and Motor Accident Claims Tribunal, Gulbarga, awarding compensation of Rs. 5,11,000/- with interest at 6% p.a.) 1. The appellant is an insurance company, which has been saddled with the liability to pay compensation in favour of the legal representatives of a deceased victim cf a motor accident. The deceased was said to be driving a mini lorry and the vehicle insured by the appellant was said to be a TATA tempo 407, which was treated as the offending vehicle and the driver of which was said to be responsible for the accident. The claim petition was said to nave been resisted by the appellant, inter- alia, on the ground that ihe driver of the insured vehicle did not possess a valid driving licence at the time of the accident and therefore, as that was ...

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Aug 01 2014 (HC)

Syed Akbar Pasha Vs. The Tender Evaluation Committee and Others

Court : Karnataka Gulbarga

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to issue a writ of certiorari quashing the decision of respondents No.1 to 5 herein passed in its meeting dated 24.02.2014, rejecting the technical bid of the petitioner and thereby accepting and forwarding the technical bid of the respondent No.7 for approval in respect of the tender for "improvements to Manvi Cross to Gavigat via Aldas road from KM 1.00 to 2.20 and KM 3.40 to 10.00 in Manvi Taluka, Raichur District", as copy of which is at Annexure-E and etc.) 1. This writ petition is filed challenging the decision taken in the meeting dated 24.02.2014 presided by the Superintendent Engineer, Public Works, Ports and Inland Water Transport Department, Bellary Zone, Bellary regarding the tender submitted for improvements to a road from Manvi Cross to Gavigat via Aldal in Raichur District. 2. As per the impugned resolution/decision, technical bid submitted by the petitioner has been rej...

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Jul 31 2014 (HC)

The Managing Director, Karnataka Road Transport Corporation Vs. Mallap ...

Court : Karnataka Gulbarga

(Prayer: This Miscellaneous First Appeal is fiied under Section 173 (1) of Motor Vehicles Act, 1988 against the Judgement and Award dated 10.12.2009 passed in MVC No. 1316/2008 on the file of the Motor Accident Claims Tribunal No. XII at Bijapur, partly allowing the claim petition and awarding the compensation of Rs. 38,400/- with interest at 6% p.a. This Miscellaneous First Appeal is fiied under Section 173 (1) of Motor Vehicles Act, 1988 against the Judgement and Award dated 10.12.2009 passed in MVC No. 1313/2008 on the file of the Motor Accident Claims Tribunal No. XII at Bijapur, partly allowing the claim petition and awarding the compensation of Rs. 34,600/- with interest at 6% p.a. This Miscellaneous First Appeal is fiied under Section 173 (1) of Motor Vehicles Act, 1988 against the Judgement and Award dated 10.12.2009 passed in MVC No. 1314/2008 on the file of the Motor Accident Claims Tribunal No. XII at Bijapur, partly allowing the claim petition and awarding the compensation ...

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Jul 31 2014 (HC)

The Managing Director Vs. Kalamma W/O Shankerappa Uppar

Court : Karnataka Gulbarga

1 IN THE HIGH COURT OF KARNATAKA, GULBARGA BENCH R DATED THIS THE31T DAY OF JULY, 2014 THE HONOURABLE MR.JUSTICE ANAND BYRAREDDY BEFORE MISCELLANEOUS FIRST APPEAL NO.31375/2010 C/W MISCELLANEOUS FIRST APPEAL NO.31371/2010 MISCELLANEOUS FIRST APPEAL NO.31372/2010 MISCELLANEOUS FIRST APPEAL NO.31373/2010 MISCELLANEOUS FIRST APPEAL NO.31376/2010 MFA313752010 BETWEEN: The Managing Director Karnataka Road Transport Corporation, K.H. Road, Bangalore. Divisional Office, Bijapur Represented by its Chief Law Officer, NEKRTC, Gulbarga. APPELLANT (Shri Subhash Mallapur, Advocate) AND: Mallappa S/o Shankerappa Uppar Age:20. years, Occupation: Coolie, 2 R/o Balaganur Taluka: Sindagi District: Bijapur Now residing at Ibrahimpura Bijapur. RESPONDENT This Miscellaneous First Appeal is filed under Section 173 (1) of Motor Vehicles Act, 1988 against the Judgement and Award dated 10.12.2009 passed in MVC No.1316/2008 on the file of the Motor Accident Claims Tribunal No.XII at Bijapur, partly allowing t...

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