Karnataka High Court

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High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Liable to Pay Compensation Despite Breach of Policy Conditions, But Entitled to Recover from Owner. Claimants' Appeal for Enhancement of Compensation Partly Allowed — Multiplier of 13 Applied Based on Deceased's Age....

The case involves three appeals arising from motor accident claims. The first appeal by the Insurance Company challenged the award in MVC No.89/2011, where the Tribunal awarded Rs.1,95,000/- with inte...

High Court

High Court of Karnataka Dismisses Writ Petitions by Non-Members Challenging No-Confidence Motion Against Gram Panchayat Members — Petitioners Lack Locus Standi. No-Confidence Motion Validly Passed Under Section 49 of Karnataka Gram Swaraj and Panchayat Raj Act, 1993....

The petitioners, who are residents and social workers of Ujani village, filed writ petitions challenging the no-confidence motion passed against the members of the Gram Panchayat. The court observed t...

High Court

High Court of Karnataka Modifies Permanent Alimony in Nullity of Marriage Case Under Hindu Marriage Act — Husband's Appeal Partly Allowed Reducing Alimony from Rs.3,00,000 to Rs.1,50,000. The Court held that quantum of alimony must consider short duration of marriage and husband's limited income, reducing the amount under Section 25 of the Hindu Marriage Act, 1955....

The appellant-husband filed an appeal under Section 19(1) of the Family Courts Act, 1984, challenging only the quantum of permanent alimony of Rs.3,00,000 awarded by the Family Court, Dakshina Kannada...

High Court

High Court of Karnataka Allows Revision Petition in Domestic Violence Case — Sets Aside Appellate Order for Lack of Proper Application of Mind. The court held that the appellate court's judgment was divergent and not sustainable under Sections 9(b) and 37(2)(c) of the Protection of Women from Domestic Violence Act, 2005....

The case involves a criminal revision petition filed by Sri Ramachandrachar against an order dated 23.12.2011 passed by the Presiding Officer, Fast Track Court-VI, Bangalore in Crl.A.No.687/11. The re...

High Court

High Court of Karnataka Allows Appeal for Enhanced Compensation in Motor Accident Claim — Multiplier Corrected from 12 to 13 for Deceased Aged 50 Years. Loss of Dependency Recalculated with 30% Future Prospects Addition Under Section 166 of Motor Vehicles Act, 1988....

The appeal arises from a claim petition under Section 166 of the Motor Vehicles Act, 1988, filed by the wife of B.V. Narasimhappa, who died in a road traffic accident. The original claimant, Aluvelamm...

High Court

High Court of Karnataka Dismisses Revenue's Challenge to Settlement Commission Order in Income Tax Search Case — No Speaking Order Required at Preliminary Stage Under Section 245D(1). The court held that the Settlement Commission's order to proceed with an application under Section 245D(1) of the Income Tax Act, 1961, need not be a speaking order and that the Commission has discretion to allow the application even if the assessee has not made full disclosure or paid full tax at that stage....

The case involves a challenge by the Commissioner of Income Tax, Karnataka (Central), against an order dated 3.4.2014 passed by the Income Tax Settlement Commission, Chennai, accepting an application ...

High Court

High Court of Karnataka Dismisses Insurer's Petition Challenging MACT Order on Preliminary Issue in Motor Accident Claim. Subrogation Rights of Insurer Upheld Under Section 166 of Motor Vehicles Act, 1988....

The New India Assurance Company Limited, the insurer of the offending lorry (bearing no. NL 05 A 1062), filed a writ petition challenging an order dated 12.5.2006 passed by the Motor Accident Claims T...

High Court

High Court of Karnataka Allows Claimants' Appeal and Dismisses Corporation's Appeal in Motor Vehicle Accident Case — Compensation Enhanced for Death of Software Engineer Due to Negligence of KSRTC Bus Driver. The court enhanced compensation from Rs. 99,47,420/- to Rs. 94,55,000/- with 9% interest, applying 50% future prospects and multiplier 17....

The case involves two appeals arising from a motor vehicle accident claim. The accident occurred on 27.05.2013 when the deceased, Chetan Kumar B.S., a 30-year-old Software Engineer earning Rs. 60,000/...

High Court

High Court of Karnataka Allows Writ Petition Challenging Rejection of Application for Return of Plaint on Pecuniary Jurisdiction Grounds. The court held that the Trial Court must determine jurisdiction based on proper valuation and cannot merely accept the plaintiff's valuation without scrutiny....

The petitioners, defendants in a civil suit, challenged an order of the IV Additional Civil Judge and JMFC, Belgaum, dated 19.09.2014, rejecting their application (I.A.No.VII) under Order VII Rule 10 ...

High Court