Karnataka High Court

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High Court of Karnataka Allows Appeal by Driver in Employee's Compensation Case — Remands for Fresh Consideration on Merits. Commissioner's Dismissal for Default Set Aside as Claimant's Medical Evidence and Inability to Attend Were Not Properly Considered Under Employee's Compensation Act, 1923....

The appellant, Sandeep B.N., was a driver employed by the second respondent, B.N. Santhosh, driving a maxi cab bearing registration No.KA-03-D-5331. He claimed a monthly salary of Rs. 8,000/-. On 05.0...

High Court

High Court of Karnataka Dismisses Petition Seeking Winding Up of Bangalore Development Authority for Non-Payment of Arbitral Award. Court holds that a statutory authority cannot be wound up under the Companies Act, 2013, and the remedy lies in execution of the award under the Arbitration and Conciliation Act, 1996....

The petitioner, IL&FS Engineering and Construction Company Ltd. (formerly Maytas Infra Ltd.), a company engaged in infrastructure construction, had an arbitral award dated 31.03.2014 in its favor agai...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal and Partly Allows Claimants' Appeal in Motor Accident Claim — Negligence of Driver Proved, Compensation Enhanced for Loss of Dependency and Consortium. The court upheld the Tribunal's finding of negligence and enhanced compensation by applying future prospects at 40% and increasing consortium, funeral expenses, and loss of estate as per Supreme Court precedents....

The case arises from a motor accident claim petition filed by the mother and brother of the deceased, Ganesh Patil, who died in a road accident on 09.06.2010. The deceased was riding a motorcycle when...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal and Partly Allows Claimants' Appeal in Motor Accident Claim Case — Negligence of Driver Proved, Compensation Enhanced for Loss of Dependency and Consortium. The court upheld the Tribunal's finding of negligence and enhanced compensation by applying a multiplier of 13, adding 30% future prospects, and awarding consortium, loss of estate, and funeral expenses under the Motor Vehicles Act, 1988....

The case arises from a motor accident claim petition filed by Smt. Gourabai and Sri Parasharam (claimants) before the III Addl. Senior Civil Judge and Addl. MACT, Belgaum, seeking compensation for the...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal and Partly Allows Claimants' Appeal in Motor Accident Compensation Case — Negligence of Driver Proved, Compensation Enhanced for Loss of Dependency and Consortium. The court upheld the finding of negligence against the driver of the offending vehicle and enhanced compensation from Rs.1,70,000/- to Rs.5,71,000/- for the death of a 25-year-old bachelor under the Motor Vehicles Act, 1988....

The case involves two appeals arising from a motor accident claim. The accident occurred on 19.06.2010 when the deceased, a 25-year-old bachelor, was hit by a car while walking on the road. He succumb...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal and Partly Allows Claimants' Appeal in Motor Accident Case — Negligence of Driver Proved, Compensation Enhanced for Loss of Dependency and Consortium. The court enhanced the notional income of the deceased from Rs.3,000 to Rs.4,500 per month and applied a multiplier of 18 under the Motor Vehicles Act, 1988, Section 173(1)....

The case involves two cross-appeals arising from a motor accident claim. The accident occurred on 18-06-2010 when the deceased, a 20-year-old bachelor, was hit by a vehicle insured by the appellant in...

High Court

High Court of Karnataka Dismisses Revision Petitions Challenging Charge Framing in CBI Case — No Ground to Interfere with Trial Court's Order at Preliminary Stage. The court held that at the stage of framing charge, only a prima facie case or strong suspicion is required, and the revisional court cannot re-appreciate evidence....

The judgment pertains to two criminal revision petitions filed under Section 397 read with 401 of the Code of Criminal Procedure, 1973 (Cr.P.C.) by accused persons in a case investigated by the Centra...

High Court

High Court of Karnataka Allows Appeal in Bank Recovery Suit Due to Failure to Prove Debt and Improper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881. The court held that the plaintiff bank failed to prove the debt and liability of the defendant, and the notice under Section 138 was not properly served, thus the suit for recovery was not maintainable....

The appellant, K. Ravindra Shetty, was the defendant in a suit filed by Vijaya Bank for recovery of Rs. 3,20,835.20 with interest. The bank claimed that the defendant had a savings account and that on...

High Court