Chhattisgarh Court March 2011 Judgments
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Laxman Ram Vs. Neelam Transport Company and Another
Court: Chhattisgarh
Decided on: Mar-24-2011
(Memorandum of Appeal under Section 173 of Motor Vehicle Act)RAJEEV GUPTA, C.J.1. Appellant/ Claimant Laxman Ram is seeking enhancement of the compensation awarded by the First Additional Motor Accident Claims Tribunal, Ambikapur (for short `the Tribunal') vide award dated 06.01.2006, passed in Claim Case No.63/2003.2) As against the compensation of Rs.15,60,000/-, claimed by the appellant/claimant, by filing a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 03.11.2002, the Tribunal awarded a total sum of Rs.6,01,600/- as compensation along with interest @ 7% per annum from the date of filing of the claim petition till the date of actual payment.3) Shri Rahul Mishra, learned counsel for the appellant vehemently argued that the Tribunal has erred in awarding low compensation of Rs.6,01,660/- only, though the appellant/claimant on account of the injuries and fractures sustained by him in the motor accident and the res...
Sunita Gupta and Others Vs. Masidul Hasan Son and Others
Court: Chhattisgarh
Decided on: Mar-24-2011
(Memorandum of Appeal under Section 173 of Motor Vehicle Act)RAJEEV GUPTA, C.J.1. This is claimants' appeal for enhancement of the compensation awarded by the 2nd Additional Motor Accident Claims Tribunal, Surajpur, district Surguja (for short `the Tribunal') vide award dated 19.02.2007, passed in Claim Case No.63/2006.2) As against the compensation of Rs.20,00,000/-, claimed by the appellants/claimants, unfortunate widow, minor children and parents of deceased Shyam Bihari by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 23.11.2004, the Tribunal awarded a total sum of Rs.3,30,000/- as compensation to the claimants along with interest @ 9% per annum from the date of the filing of the claim petition till the date of actual payment.3) The Tribunal on a close scrutiny of the entire evidence led before it held that deceased Shyam Bihari died on account of the injuries sustained by him in the motor accident on 23.11.2004; the acc...
Moti Bai Vs. Bhagirathi and Others
Court: Chhattisgarh
Decided on: Mar-23-2011
(MISC APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT 1988)RAJEEV GUPTA, C.J.1. Appellant/ claimant - Moti Bai is seeking enhancement of the compensation awarded by the Second Additional Motor Accident Claims Tribunal, Baloda Bazar, district Raipur (for short `the Tribunal') vide award dated 29.10.2005, passed in Claim Case No.164/2004.2) As against the compensation of Rs.5,07,000/- claimed by the appellant/ claimant, by filing a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by her in the motor accident on 24.07.2004, the Tribunal awarded a total sum of Rs.20,000/- as compensation along with interest @ 9% per annum from the date of filing of the claim petition till the date of actual payment.3) Shri Rakesh Sahu, learned counsel for the appellant vehemently argued that the Tribunal has erred in awarding low compensation of Rs.20,000/- only though the appellant/claimant sustained multiple serious injuries including fractures in the motor accide...
Ramji Sahu and Another Vs. Mohan Lal and Others
Court: Chhattisgarh
Decided on: Mar-23-2011
(MISC APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT 1988)RAJEEV GUPTA, C.J.1. This is claimants' appeal for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Dhamtari, district Raipur (for short `the Tribunal') vide award dated 16.12.2005, passed in Claim Case No.499/2004.2) As against the compensation of Rs.17,50,000/- claimed by the appellants/ claimants, unfortunate parents of deceased Jhamesh Sahu by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 01.04.2004, the Tribunal awarded a total sum of Rs.1,35,000/- as compensation along with interest @ 6% per annum in the event of insurer's failure to deposit the amount of compensation within 30 days of the passing of the award.3) The Tribunal on a close scrutiny of the entire evidence led before it held that the claimants' son Jhamesh Sahu died on account of the injuries sustained by him in the motor accident on 01.04.2004; the accide...
V. Narayanasamy Vs. Ajay Chandrakar and Another
Court: Chhattisgarh
Decided on: Mar-23-2011
ORAL ORDER:(Petition under Section 482 of the Code of Criminal Procedure 1973)1. By this petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘the Code'), the petitioner has prayed for quashment of the order dated 14-12-2010 passed by the Sessions Judge, Raipur in Criminal Revision No.71/2010 affirming the order dated 6-3-2010 passed by the Judicial Magistrate First Class, Raipur in Criminal Complaint Case No.94/2010 and for direction to the Court below to proceed further in accordance with law.2. By order dated 6-3-2010, learned Judicial Magistrate First Class has dismissed the application filed on behalf of the petitioner for conversion of summon trial into warrant trial in accordance with Section 259 of the Code, same was challenged before the revisional Court and vide order impugned, while affirming the order passed by the trial Court, the revisional Court has also dismissed the revision.3. Brief facts necessary for disposal of this petition are that ...
Jeevan Lal Nahata Vs. State of Madhya Pradesh Now State of Chhattisgar ...
Court: Chhattisgarh
Decided on: Mar-22-2011
ORAL ORDER:(Revision under Section 397 401 of the Code of Criminal Procedure)1. By this revision under Section 397 read with Section 401 of the CrPC, the applicant has challenged legality and propriety of the judgment dated 7-10-96 passed by the Additional Sessions Judge, Dhamtari in Criminal Appeal No.6/96, affirming the judgment of conviction and order of sentence dated 5-1-96 passed by the Judicial Magistrate First Class, Dhamtari in Criminal Complaint Case No.1943/92, whereby learned Judicial Magistrate First Class has convicted the applicant under Section 7 read with Section 16 (1) (a) (i) of the Prevention of Food Adulteration Act, 1954 (for short `the Act') and sentenced him to undergo imprisonment for six months and pay fine of Rs.1,000/-, in default of payment of fine to further undergo imprisonment for three months.2. As per case of the complainant/prosecution, the applicant has sold groundnut oil to the complainant Food Inspector which was found adulterated. After complying ...
Smt Asha and Others Vs. Triloki Singh and Others
Court: Chhattisgarh
Decided on: Mar-18-2011
(Misc Appeal under Section 173 of Motor Vehicles Act)RAJEEV GUPTA, C.J.1. This is claimants' appeal for enhancement of the compensation awarded by the First Additional Motor Accident Claims Tribunal, Bilaspur (for short `the Tribunal') vide award dated 01.11.2004, passed in Claim Case No.88/2003.2) As against the compensation of Rs.20,14,000/- claimed by the appellants/ claimants, unfortunate widow and minor children of deceased Surendra Kumar @ Raju Tiwari, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 02.08.1999, the Tribunal awarded a total sum of Rs.2,22,000/- as compensation along with interest @ 9% per annum from the date of filing of the claim petition till the date of actual payment.3) The Tribunal on a close scrutiny of the entire evidence led before it held that deceased Surendra Kumar @ Raju Tiwari died on account of the injuries sustained by him in the motor accident on 02.08.1999; the accident occurred due to...
Smt Rainbati Dhruv Vs. Banwari Lal @ Pardeshi and Others
Court: Chhattisgarh
Decided on: Mar-18-2011
(MISC APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT 1988)RAJEEV GUPTA, C.J.1. This is claimant's appeal for enhancement of the compensation awarded by the First Additional Motor Accident Claims Tribunal, Raipur (for short `the Tribunal') vide award dated 24.12.2005, passed in Claim Case No.36/2005.2) As against the compensation of Rs.9,00,000/- claimed by the appellant/ claimant unfortunate mother of deceased Deepak Kumar Dhruv by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 26.01.2005, the Tribunal awarded a total sum of Rs.2,06,000/- as compensation along with interest @ 9% per annum from the date of filing of the claim petition till the date of actual payment.3) Shri Shivendu Pandya, learned counsel for the appellant vehemently argued that the Tribunal has erred in not accepting the claimant's evidence about the income of the deceased and in assessing his income at Rs.1,500/- per month only; and in awarding lo...
Arun Luthra Vs. Chattisgarh State Information Commission and Others
Court: Chhattisgarh
Decided on: Mar-17-2011
ORAL ORDER:(Writ Petition under Article 226 of the Constitution of India)1. This petition has been filed by the petitioner assailing legality and validity of order dated 31-05-2008 (Annexure P-1) passed by the Chhattisgarh Information Commission, Raipur. By the impugned order, the State Chief Information Commissioner has directed the Public Information Officer of the Raipur Development Authority to supply the information in the form of order sheets and note sheets and has also directed certain steps to be taken.2. Learned counsel for the petitioner raised four fold submissions to assail the correctness and validity of the order which are as below:-A. That the Chief Information Commissioner has exceeded its authority in commenting upon the conduct of the Public Information Officer to show cause as to why action has not been taken against the petitioner and in directing the Public Information Officer to take necessary decision and inform the respondent No.4 about the final decision in th...
Sukhnandan Vs. State of Chattisgarh
Court: Chhattisgarh
Decided on: Mar-17-2011
ORDER (ORAL):(Criminal Revision under Section 397 read with Section 401 of the CrPC)1. By this revision, the petitioner has challenged legality and propriety of the judgment dated 15.2.2011 passed by the Additional Sessions Judge (F.T.C.), Balod in Criminal Appeal No.80/09, affirming the conviction and modifying the sentence dated 7.9.2009 passed by the Judicial Magistrate First Class, Dondilohara in Criminal Case No.48/09, whereby learned Judicial Magistrate First Class after holding the applicant guilty for the offence punishable under Sections 279 and 338 of the I.P.C. sentenced him to undergo R.I. for three months and fine of Rs.200/-, in default of payment of fine to further undergo R.I. for one month and R.I. for six months and fine of Rs.200/-, in default of payment of fine to further undergo R.I. for one month. While maintaining conviction the appellate Court has modified the sentence and has sentenced the applicant fine of Rs.1000/-, in default of payment of fine to undergo R....
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