Azeem Vs. Badri Prasad and Others

Azeem vs Badri Prasad and Others

Disposition Misc. appeal allowed Court Madhya Pradesh Decided Oct 03, 2000

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Citation: sooperkanoon.com/503426
Court: Madhya Pradesh High Court
Judge: Mr. Bhawani Singh, C.J. and ;A.K. Mishra, J.
Decided On: Oct 03, 2000
Case Number: Misc. Appeal No. 639/99
Subject: Motor Vehicles
Disposition: Misc. appeal allowed

Case Summary

AI-generated summary - not the official court judgment text.

- INDIAN PENAL CODE, 1890.Section 306 :[Dalveer Bhandari & Harjit Singh Bedi,JJ] Abetment of suicide Deceased, a married woman, committed suicide - Allegation of abetment of suicide against appellant husband and in-laws - Ocular evidence was sketchy - Dying declaration recorded by Tahsildar completely exonerated all...

Key legal issue: Motor Vehicles
Outcome / disposition: Misc. appeal allowed
Acts & sections: Motor Vehicles Act, 1988 - Sections 168, 171 and 173; Indian Penal Code (IPC), 1860 - Sections 279 and 337

Parties & Advocates

Appellant / Petitioner

Azeem

Advocate Shri Shakeel Ahmed, Adv.

Respondent

Badri Prasad and Others

Advocate Shri Sanjay Agrawal, Adv.

Legal References

Acts: Motor Vehicles Act, 1988 - Sections 168, 171 and 173; Indian Penal Code (IPC), 1860 - Sections 279 and 337
Reported In: 2001(2)MPHT135; 2001(2)MPLJ2

Excerpt

- indian penal code, 1890.section 306 :[dalveer bhandari & harjit singh bedi,jj] abetment of suicide deceased, a married woman, committed suicide - allegation of abetment of suicide against appellant husband and in-laws - ocular evidence was sketchy - dying declaration recorded by tahsildar completely exonerated all accused in-laws of any misconduct dispelling any suspicion as to their involvement - letter of threat allegedly written by appellant to father of victim was concocted piece of evidence held, though presumption against appellant can be raised, it cannot be said that onus shifts exclusively and heavily on him to prove his innocence. conviction of appellant is liable to be set aside. - the claimant is not satisfied with this award, hence this appeal......when the claimant was going towards adhartal police station from his house, truck no. m.p.k. 8965, driven rashly and negligently by the driver, hit the knee of his left leg, as a result of which his leg broke. the case was registered under sections 279/337 of the indian penal code. the claimant was admitted in the hospital where skin grafting was undertaken. he was helping his father in pushing the hand-cart. claim for rs. 2,78,000/- has been made.2. the respondents have stated that the claimant suffered minor bruises and was treated only for a day. he was not earning anything nor he has suffered permanent disablement. the truck was driven slowly and carefully, but the claimant was driving the cycle rashly as a result of which he struck against the truck, fell down and suffered injuries.3. the insurance company has disputed responsibility for payment of compensation. it is stated that the cart was being driven without permission and the driver of the truck did not possess valid driving licence.4. the claims tribunal accepted the allegation of claimant and rejected the defence taken by the respondents. ultimately, compensation of rs. 47,000/- carrying interest at the rate of 12% per annum from the date ofapplication till realisation has been awarded, besides rs. 1,000/- towards counsel fee. the claimant is not satisfied with this award, hence this appeal.5. learned counsel for the claimant contends that the claims tribunal has not awarded just compensation in this case. the claimant suffered 50% disablement on account of the injuries sustained by him in this accident for which the driver was responsible. he spent sufficient amount on medical and underwent serious mental pain. the claimant received treatment for three months for the injuries he suffered in the accident. it is a case of 50% permanent disablement as per certificate (ex. p-3) issued by the medical board. he was helping his father in pushing hand- cart and was earning rs. 20/-to rs. 25/- per.....

Full Judgment

ORDER

Bhawani Singh, C.J.

This appeal is directed against the award dated 6-1-1999 passed by the Motor Accidents Claims Tribunal, Jabalpur, in Claim Case No. 73/94.

1. On 16-6-1990 when the claimant was going towards Adhartal Police Station from his house, truck No. M.P.K. 8965, driven rashly and negligently by the driver, hit the knee of his left leg, as a result of which his leg broke. The case was registered under Sections 279/337 of the Indian Penal Code. The claimant was admitted in the hospital where skin grafting was undertaken. He was helping his father in pushing the hand-cart. Claim for Rs. 2,78,000/- has been made.

2. The respondents have stated that the claimant suffered minor bruises and was treated only for a day. He was not earning anything nor he has suffered permanent disablement. The truck was driven slowly and carefully, but the claimant was driving the cycle rashly as a result of which he struck against the truck, fell down and suffered injuries.

3. The Insurance Company has disputed responsibility for payment of compensation. It is stated that the cart was being driven without permission and the driver of the truck did not possess valid driving licence.

4. The Claims Tribunal accepted the allegation of claimant and rejected the defence taken by the respondents. Ultimately, compensation of Rs. 47,000/- carrying interest at the rate of 12% per annum from the date ofapplication till realisation has been awarded, besides Rs. 1,000/- towards counsel fee. The claimant is not satisfied with this award, hence this appeal.

5. Learned counsel for the claimant contends that the Claims Tribunal has not awarded just compensation in this case. The claimant suffered 50% disablement on account of the injuries sustained by him in this accident for which the driver was responsible. He spent sufficient amount on medical and underwent serious mental pain. The claimant received treatment for three months for the injuries he suffered in the accident. It is a case of 50% permanent disablement as per certificate (Ex. P-3) issued by the Medical Board. He was helping his father in pushing hand- cart and was earning Rs. 20/-to Rs. 25/- per day. Taking into consideration the nature of accident, nature of injuries, treatment and income of the claimant, we are of the opinion that interest of justice would not suffer in case the appeal is allowed and amount enhanced to Rs. 70,000/- payable towards 50% permanent disablement (Rs. 55,000/-), medical expenses (Rs. 10,000/-) and pain and sufferings (Rs. 5,000/-). The enhanced amount will carry interest at the same rate awarded by the Claims Tribunal.

6. The appeal is disposed of in terms as aforesaid. Costs on parties.

7. Misc. Appeal allowed.

Same Court & Year Madhya Pradesh · 2000 Same Parties Azeem vs Badri Prasad and Others Same Subject Motor Vehicles Same Judge Mr. Bhawani Singh, C.J. and ;A.K. Mishra, J. Acts & Sections Motor Vehicles Act, 1988 - Sections 168, 171 and 173; Indian ...

Motor Vehicles