IN THE HIGH COURT OF KARNATAKA GULBARGA BENCH BEFORE THE HON BLE MR. JUSTICE RAVI MALIMATH M.F.A. NO.30794/2013 (MV)

Similar documents
IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR JUSTICE N.ANANDA MISCELLANEOUS FIRST APPEAL NO.2693/2012

- 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR.JUSTICE S.N.SATYANARAYANA. M.F.A.No.1156 /2011 (MV)

IN THE HIGH COURT OF KARNATAKA AT BENGALURU PRESENT THE HON'BLE MR. JUSTICE VINEET SARAN AND THE HON BLE MRS. JUSTICE S.SUJATHA ITA NO.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : MOTOR ACCIDENT CLAIMS TRIBUNAL Pronounced on: 21st January, 2015 MAC.APP.

IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA BEFORE. THE HON BLE Dr.JUSTICE JAWAD RAHIM

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO 2697 OF BHARTIBEN NAYABHA KER AND ORS..

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : COMPENSATION MATTER. Date of decision: 20th January, 2015 MAC. APP.386/2012

IN THE HIGH COURT OF KARNATAKA AT BENGALURU PRESENT THE HON'BLE MR. JUSTICE VINEET SARAN AND THE HON BLE MR. JUSTICE B.MANOHAR C.S.T.A. NO.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : MOTOR ACCIDENT CLAIMS TRIBUNAL Decided on: 13th February, 2015 MAC.APP. 84/2014

IN THE HIGH COURT OF KARNATAKA AT BANGALORE PRESENT THE HON BLE MR. JUSTICE N KUMAR THE HON BLE MRS. JUSTICE RATHNAKALA

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24 TH DAY OF MARCH 2016 BEFORE THE HON BLE MR. JUSTICE RAM MOHAN REDDY

REPORTED * IN THE HIGH COURT OF DELHI AT NEW DELHI. % Date of Decision : December 06, 2010 CORAM: HON'BLE MS. JUSTICE REVA KHETRAPAL

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR.JUSTICE HULUVADI G. RAMESH. M.F.A.No.937 / 2011 (MV)

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : MOTOR ACCIDENT CLAIMS TRIBUNAL Date of decision: 19th February, 2015 MAC.APP.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : MOTOR ACCIDENT CLAIMS TRIBUNAL Judgment delivered on: 2nd April, 2014 MAC.APP. 758/2012.

IN THE HIGH COURT OF KARNATAKA AT BENGALURU PRESENT THE HON BLE MR.H.G.RAMESH ACTING CHIEF JUSTICE AND THE HON BLE MR. JUSTICE P.S.

IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD : PRESENT : THE HON BLE MR. VIKRAMAJIT SEN, CHIEF JUSTICE

REPORTED * IN THE HIGH COURT OF DELHI AT NEW DELHI

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : MOTOR ACCIDENT CLAIMS TRIBUNAL Decided on: 19th February, 2015 MAC.APP. 516/2011

IN THE HIGH COURT OF KARNATAKA, BANGALORE PRESENT THE HON BLE MR.JUSTICE N.K.PATIL AND THE HON'BLE MR. JUSTICE B.MANOHAR

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL No.4398 OF 2016 VERSUS J U D G M E N T

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : MOTOR ACCIDENT CLAIMS TRIBUNAL Decided on: 9th February, 2015 MAC.APP. 61/2015

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : MOTOR ACCIDENT CLAIMS TRIBUNAL Decided on: 19th January, 2015 MAC.APP. 157/2012

In this petition short point is involved which is. with respect to the petitioner s right to get the benefit of

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27 TH DAY OF JULY 2015 PRESENT THE HON'BLE MR. JUSTICE VINEET SARAN AND

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) MAC App 201/2011

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM: NAGALAND: MEGHALAYA: MANIPUR: TRIPURA: MIZORAM AND ARUNACHAL PRADESH) MAC Appeal No.

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on : 12 th January, 2016 % Pronounced on : 22 nd January, MACA 217/2013

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL No.2015 OF 2007 VERSUS J U D G M E N T

IN THE HIGH COURT OF KARNATAKA AT BANGALORE PRESENT HON' BLE MR. JUSTICE N.KUMAR AND HON' BLE MR. JUSTICE B.MANOHAR

-1- MFA No OF 2015 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH PRESENT THE HON BLE MR. JUSTICE H.G.RAMESH AND

IN THE HIGH COURT OF KARNATAKA, BANGALORE PRESENT THE HON BLE MR. JUSTICE N.KUMAR AND THE HON BLE MRS.JUSTICE RATHNAKALA

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO OF 2017 VINOD VERMA APPELLANT(S) VERSUS

Central Administrative Tribunal Principal Bench New Delhi. OA No.571/2017

Income Tax Appeal No. 6 of M/s. Shiv Shakti Flour Mills (P) Ltd., Makum Road, Tinsukia Versus-

IN THE HIGH COURT OF KARNATAKA AT BANGALORE PRESENT THE HON BLE MR JUSTICE N. KUMAR AND THE HON BLE MR JUSTICE B. MANOHAR

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : DELHI RENT CONTROL ACT, 1958 RSA No. 38/2014 & CM No.2339/2014 DATE OF DECISION : 4th February,2014

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI. versus CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE REKHA PALLI

01 * IN THE HIGH COURT OF DELHI AT NEW DELHI.... Respondent Mr. A.K. Bhardwaj, Advocate.

ITA No. 140 of had been sold on , had been handed over to him. The assessee furnished the desired information and documents, including

IN THE HIGH COURT OF KARNATAKA AT BENGALURU PRESENT THE HON BLE MR.JUSTICE JAYANT PATEL AND THE HON BLE MRS.JUSTICE S SUJATHA ITA NO.

IN THE HIGH COURT OF KARNATAKA, GULBARGA BENCH BEFORE THE HONOURABLE MR.JUSTICE ANAND BYRAREDDY

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH F, NEW DELHI BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION. CRIMINAL APPEAL No.324 OF 2019 (Arising out of S.L.P.(Crl.) No.

DATED: 9th January, 2009

Whether employer /establishment can reduce the basic wages/salary for the purpose of deduction of provident

- 1 - IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR.JUSTICE S.N.SATYANARAYANA M.F.A.NO.1538/2011(ESI)

IN THE HIGH COURT OF KARNATAKA AT BANGALORE. ITA No.3209 of 2005 ITA No.3165 of ITA No.3209 of 2005

Pr. Commissioner of Income Tax 3, Aayakar Bhavan, M.K. Road,

2. THE DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE-11(1) RASHTROTHANA BHAVAN NRUPATHUNGA ROAD BANGALORE APPELLANTS (BY SRI K V ARAVIND, ADV.

IN THE HIGH COURT OF KARNATAKA AT BANGALORE PRESENT THE HON'BLE MR.JUSTICE N.KUMAR AND THE HON'BLE MR.JUSTICE B.MANOHAR ITA NO.

DELHI DEVELOPMENT AUTHORITY Through: Mr Ajay Verma, Adv. Through: Mr R.K. Saini, Adv with Mr Sitab Ali Chaudhary, Adv. AND LPA 709/2012.

IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income-tax) (Original Side) I.T.A. No.219 of 2003

ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW. Original Application No. 06 of 2018

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 28TH DAY OF AUGUST 2012 PRESENT THE HON'BLE MR. JUSTICE K.

IN THE HIGH COURT OF DELHI AT NEW DELHI

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: E : NEW DELHI BEFORE SMT. DIVA SINGH, JUDICIAL MEMBER AND SH. O.P. KANT, ACCOUNTANT MEMBER

THE INDIAN JURIST

* HIGH COURT OF DELHI : NEW DELHI. MAC App. No.167/2004. Judgment delivered on: 24 th November, 2009

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. ITA No. 217 of 2002 Date of decision Commissioner of Income Tax(Central) Ludhiana

IN THE HIGH COURT OF KARNATAKA AT BANGALORE PRESENT THE HON BLE MR. JUSTICE N KUMAR THE HON BLE MR. JUSTICE B MANOHAR. ITA No.

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR.JUSTICE B.S.PATIL. W.P.No.4857/2013 (SC/ST)

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INTEREST ON THE AMOUNT OF LEAVE ENCASHMENT Judgment delivered on W.P.

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) 1) M.A.C. APPEAL NO. 249/2010 Indrani Boruah Bhuiyan.

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 830 OF 2018 SPECIAL LEAVE PETITION (C) NOS.

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH D, NEW DELHI Before Sh. N. K. Saini, AM And Smt. Beena A. Pillai, JM

G.A no.1150 of 2015 ITAT no.52 of 2015 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE

THE COMMISSIONER OF INCOME TAX DELHI IV... Appellant Through: Mr. Sanjeev Sabharwal, Advocate VERSUS

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL NO OF 2019 (Arising out of SLP (Civil) No.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : COMPENSATION MATTER Reserved on: 21st February, 2012 Pronounced on: 2nd July, 2012 MAC.APP.

This is an appeal by the department against the order dated of ld. CIT(A)-XXII, New Delhi.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SERVICE MATTER W.P.(C) No.5282/2012 DATE OF DECISION : 2nd July, 2013

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES B : HYDERABAD

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 4TH DAY OF SEPTEMBER 2012 PRESENT THE HON'BLE MR. JUSTICE K.

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgments Reserved on: 08 th September, 2015 Judgments Delivered on: 13 th January, 2016

IN ITA.NO.819/2007: BETWEEN: 1. THE COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, C R BUILDING, QUEENS ROAD, BANGALORE

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : MOTOR ACCIDENT CLAIMS TRIBUNAL Decided on: 18th February, 2015 MAC.APP. 368/2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI. + W.P. (C.) No.12711/2009. % Date of Decision : Through Mr. Rajat Gaur, Adv.

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH PRESENT THE HON BLE MR.JUSTICE B.S.PATIL AND THE HON BLE MR.JUSTICE P.S.DINESH KUMAR. ITA No.

Indian Employees [ Judgment - 68 ] NON REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

[2016] 68 taxmann.com 41 (Mumbai - CESTAT) CESTAT, MUMBAI BENCH. Commissioner of Service Tax. Vs. Lionbridge Technologies (P.) Ltd.

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 18TH DAY OF SEPTEMBER 2012 PRESENT THE HON'BLE MR. JUSTICE K.

IN THE HIGH COURT OF DELHI AT NEW DELHI

IN THE HIGH COURT OF KARNATAKA AT BANGALORE. DATED THIS THE 9th DAY OF JULY 2014 PRESENT THE HON'BLE MR. JUSTICE N. KUMAR AND

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL NO(S).9310/2017 (Arising from Special Leave Petition(s)No.

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH B BENCH BEFORE SHRI B.R.MITTAL(JUDICIAL MEMBER) AND SHRI RAJENDRA (ACCOUNTANT MEMBER)

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD. TAX APPEAL NO. 93 of 2000

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INCOME TAX MATTER. Date of decision : November 28, 2007 ITA 348/2007

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. M/s Lakhani Marketing Incl., Plot No.131, Sector 24, Faridabad

REPORTED * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC APP. NO.109/2009

IN THE HIGH COURT OF KARNATAKA AT BANGALORE PRESENT THE HON'BLE MR.JUSTICE DILIP B.BHOSALE AND THE HON'BLE MR.JUSTICE B.MANOHAR ITA NO.

ARMED FORCES TRIBUNAL, CHANDIGARH REGIONAL BENCH AT CHANDIMANDIR -.- OA 1989 of 2012

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI. Company Appeal (AT) (Insolvency) No. 97 of Achenbach Buschhutten GmbH & Co.

IN THE SUPREME COURT OF INDIA. CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOs OF Manimegalai... Appellant(s) J U D G M E N T

it has been received or not. We have heard Ms. Pinky Anand, learned Additional Solicitor General appearing for the appellant herein. She has brought t

IN THE HIGH COURT OF KARNATAKA AT BENGALURU PRESENT THE HON BLE MR.JUSTICE VINEET SARAN AND THE HON BLE MRS.JUSTICE S SUJATHA

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B, HYDERABAD

* HIGH COURT OF DELHI : NEW DELHI. MAC. APP. No.579/2009 & CM No /2009

Transcription:

1 IN THE HIGH COURT OF KARNATAKA GULBARGA BENCH ON THE 4 TH DAY OF SEPTEMBER, 2014 BEFORE THE HON BLE MR. JUSTICE RAVI MALIMATH M.F.A. NO.30794/2013 (MV) BETWEEN THE NATIONAL INSURANCE CO. LTD., BILGUNDI COMPLEX, OPPOSITE MINI VIDHAN SOUDHA, GULBARGA. (NOW REPRESENTED THROUGH DIVL. MANAGER, D.O. GULBARGA)... APPELLANT (BY SMT. PREETI PATIL MELKUNDI, ADV.) AND 1. SRIDEVI W/O RAVI BIRADAR, AGED 31 YEARS, OCC: HOUSEHOLD, 2. POOJA D/O RAVI BIRADAR, AGED 11 YEARS, 4 TH STD. STUDENT, 3. DRUSHTI D/O RAVI BIRADAR, AGED 9 YEARS, 3TH STD. STUDENT, 4. VIJAYALAXMI D/O RAVI BIRADAR, AGED 6 YEARS, 5. MALLIKARJUN S/O RAVI BIRADAR, AGED 3 YEARS,

2 6. SUMITRABAI W/O MAHARUDRAPPA BIRADAR, AGED 55 YEARS, OCC: HOUSEHOLD, 7. MAHARUDRAPPA S/O KALYANAPPA BIRADAR, AGED 64 YEARS, OCC: AGRICULTURE, PETITIONERS NO.2 TO 5 BEING MINORS, ARE REPRESENTED BY THEIR NEXT FRIEND/ MOTHER I.E., PETITIONER NO.1. ALL ARE R/O JAMAGA (B) VILLAGE, ALAND TALUK, GULBARGA DISTRICT. NOW RESIDING AT H.NO.11/1802, VIDYANAGAR, GULBARGA 585 101. 8. SHAMSHUDDIN S/O MD. AYUB, AGED MAJOR, OCC: DRIVER OF VEHICLE, R/O E/8/1796, NEHRU GUNJ, TAJ NAGAR, FILTERBED ROAD, GULBARGA 585 101. 9. MD. AYYUB S/O RUKNUDDIN CHINCHANSOOR, AGED MAJOR, OWNER OF THE VEHICLE, R/O H.NO.1544/19, TAJ NAGAR, MUSLIM SANGH, GULBARGA 585 101.... RESPONDENTS (SRI GANESH NAIK, ADV. FOR SRI AMARESHWAR S. RAWOOR, ADV. FOR R1, R6 & R7; R2 TO R5 ARE MINORS REPTD. BY R1; SRI AYYANAGOUDA & J. SHAHABUDDIN, ADVS. FOR R8 & R9) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 13.09.2012 PASSED IN MVC NO.61/2011 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE & M.A.C.T AT GULBARGA, PARTLY ALLOWING THE CLAIM PETITION AND AWARDING THE COMPENSATION OF RS.11,21,000/- WITH INTEREST AT 6% P.A. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:

3 JUDGMENT Aggrieved by the judgment and award of the Tribunal granting compensation to the claimants, the insurer has filed this appeal questioning the excessive grant of compensation. 2. Smt. Preeti Patil, learned counsel appearing for the appellant addressed two arguments. The first is that the notional income of the deceased as held by the Tribunal at Rs.6,000/- per month is far too excessive. That even though the deceased was an agriculturist and the accident took place on 04.07.2010, the notional income held at Rs.6,000/- per month cannot be granted. She contends that in matters being decided by the Lok Adalath, the income being taken of an accident which occurred in the year 2010 for an agriculturist ranges between Rs.5,000/- to Rs.5,500/. Therefore, she submits that the amounts as determined by the Lok Adalath are binding on this Court. Therefore, this Court

4 would have to follow the orders passed by the Lok Adalath and reduce the monthly income to Rs.5,000/- to Rs.5,500/- per month. 3. Inspite of bringing it to the notice of the counsel, the same submission is reiterated. It is contended that since matters are being settled at the Lok Adalath at the rate of Rs.5,000/- to Rs.5,500/- per month, this Court is bound by such an order. This Court is too shocked in anguish that the learned counsel makes such submissions. The Court is out of words even to express as to how such a contention can be made by a learned counsel at the High Court. The submission that the order of the Lok Adalath is binding on this Court is atrocious. The submission is made not by a raw junior but by a counsel who has put in more than one and a half decades at the bar. It is rather unfortunate that the learned counsel is not even aware of the status of the Lok Adalath and this Court. The submission therefore on this

5 account requires to be rejected outrightly. Such contentions are unacceptable. 4. The second contention is that 30% has been added on by the Tribunal towards the future prospects. She submits that this too is erroneous. In support of her contention, she relies on an interlocutory order dated 02.07.2014 passed by the Hon ble Supreme Court of India in SLP No.8058/2014 passed in the case of NATIONAL INSURANCE CO. LTD. VERSUS PUSHPA, AND OTHERS which specific reference to paragraph 43.5 which reads as follows: 43.5. While making addition to income for future prospects, the Tribunals shall follow para 24 of the judgment in Sarla Verma. Be it noted, though the decision in Reshma (supra) was rendered at earlier point of time, as is clear, the same has not been noticed in Rajesh (supra) and that is why divergent opinions have been expressed. We are of the considered opinion that as regards

6 the manner of addition of income for future prospects there should be an authoritative pronouncement. Therefore, we think it appropriate to refer the matter to a larger Bench. 5. She contends that this is the law that has been declared by the Hon ble Supreme Court and therefore, such an order is binding on this Court. Such a contention is unacceptable. The order referred to is an interlocutory order. It decides no law. It is an order referring the question raised therein to be placed before an appropriate larger Bench. It does not declare any law. The reference to para 43.5 of an interlocutory order passed by the Hon ble Supreme Court, cannot be pressed into service in support of such a contention. Interim orders are not binding. It is only the final order that could be binding. Even this elementary principle of law is unknown to the learned counsel.

7 6. Secondly, except placing reliance on para 43.5, there are no other submissions as to why 30% future prospects has been wrongly granted. Under these circumstances, this contention of the appellant also fails. Consequently, the appeal being devoid of merit, is dismissed. The amount in deposit be transmitted to the Tribunal for necessary orders. LG Sd/- JUDGE