Chhattisgarh Court April 2011 Judgments
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Chetan Lal Dewangan Vs. Ashok Kumar and Others
Court: Chhattisgarh
Decided on: Apr-18-2011
(APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT 1988)1. Appellant Chetan Lal Dewangan is seeking enhancement of compensation awarded by the 1st Additional Motor Accidents Claims Tribunal, Rajnandgaon (in short `the Tribunal') in claim case No.154/2008 vide award dated 25.02.2010.2. As against the compensation of Rs.3,26,000/- 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 4.8.2008, the Tribunal awarded a total sum of Rs.88,800/- as compensation to the claimant along with interest at 6% 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 claimant Chetan Lal Dewangan sustained multiple injuries in the motor accident on 4.8.2008; the accident occurred due to rash and negligent driving of driver of offending vehicle i.e. bus bearing registration No. C.G....
Birbal Ram and Others Vs. Hemant Kumar and Others
Court: Chhattisgarh
Decided on: Apr-18-2011
(Miscellaneous Appeal under Section 173 of Motor Vehicles Act)RAJEEV GUPTA, C.J.1. The unfortunate parents and younger sister of deceased Ganesh Ram are the appellants before us in this appeal for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Dhamtari, district Raipur (for short `the Tribunal') vide award dated 19.04.2006, passed in Claim Case No.522/2004.2) As against the compensation of Rs.18,50,000/-, claimed by the appellants/claimants, unfortunate parents and younger sister of deceased Ganesh Ram, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 03.06.2004, the Tribunal awarded a total sum of Rs.1,70,000/- 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 deceased Ganesh Ram died o...
Gomathi Wires and Another Vs. Diamond Wires Pvt Ltd.
Court: Chhattisgarh
Decided on: Apr-15-2011
(CIVIL REVISION UNDER SECTION 115 OF THE CODE OF CIVIL PROCEDURE)1. Instant revision calls in question the legality and propriety of order dated 16.09.2009, passed by District Judge, Raipur, in Civil Suit No. 1-B/07, whereby the trial court has held, suit is governed by Article 1 of Schedule to the Limitation Act, 1963 (for short `the Act') and decided the preliminary issue framed in plaintiff's (respondent herein) favour.2. Brief facts of the case are: money suit for recovery of Rs. 24,52,541.20 was filed by the plaintiff against the defendants (applicants herein). As per plaint averment, plaintiff supplied to the defendants GI wires, MS Wires and HB Wires etc. worth including taxes to Rs. 24,92,535/- on various dates commencing from 19.05.03 up to 21.01.04. Both the parties are maintaining books of account. An amount of Rs. 14,31,368/- is outstanding against the defendants as on 31.03.2004 for which plaintiff is entitled with interest @ 24 percent per annum and thus amount due is Rs....
Mukesh Yadav Vs. Ashok and Others
Court: Chhattisgarh
Decided on: Apr-13-2011
(Appeal under Section 173 of the Motor Vehicles Act)1. Appellant/claimant Mukesh Yadav is seeking enhancement of the compensation awarded by the First Additional Motor Accident Claims Tribunal, Rajnandgaon (for short the `Tribunal') vide award dated 19-03-2007, passed in Claim Case No. 128 of 2005.2. As against the compensation of Rs.3,16,000/- 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 15-4-2005, the Tribunal awarded a total sum of Rs.1,78,000/- as compensation along with interest @ 6% per annum for the date of filing of the claim petition till the date of actual payment.3. Shri Rakesh Sahu, learned counsel appearing for the appellant vehemently argued that the Tribunal has erred in awarding low compensation of Rs.1,78,000/- only though the appellant/claimant sustained serious injuries including fractures in the motor accident resulting in permanent disabilit...
Phoolu Bai and Others Vs. Bittu Dubey and Others
Court: Chhattisgarh
Decided on: Apr-13-2011
(Miscellaneous 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 13th Additional Motor Accident Claims Tribunal, Raipur (for short ‘the Tribunal') vide award dated 04.02.2005, passed in Claim Case No.52/2004.2) As against the compensation of Rs.4,45,000/-, claimed by the appellants/claimants, unfortunate mother-in-law and children of deceased Rukhmani, by filing a claim petition under Section 163-A of the Motor Vehicles Act, for her death in the motor accident on 16.07.2003, the Tribunal awarded a total sum of Rs.1,74,500/- as compensation along with interest @ 7% 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 Rukhmani died on account of the injuries sustained by her in the motor accident on 16.07.2003; the accident occurred due to rash and negligent drivi...
Vivek Kumar Vishwakarma Vs. High Court of Chhattisgarh and Others
Court: Chhattisgarh
Decided on: Apr-08-2011
(WRIT PETITOIN UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA)ORDER (oral)I. M. QUDDUSI, J.1. We have heard learned counsel appearing for the writ petitioner as well as learned Deputy Advocate General appearing for the State and perused the pleadings and documents available on record.2. This writ petition has been filed by the petitioner seeking following reliefs:"(10.1) This Hon'ble Court may kindly be pleased to issue an appropriate writ directing respondent No.1 to permit candidates who are appearing in the final year examination of LLB Degree Course to participate in the preliminary examination.(10.2) This Hon'ble Court may kindly be pleased to issue an appropriate writ quashing and setting aside Clause Four (c) of the notification / advertisement No. 01/SandA Cell/2011 dated 07.03.2011 (ANNEXURE P-1) to the extent the LLB Degree is sought before 08.04.2011.(10.3) This Hon'ble Court may kindly be pleased to issue an appropriate writ declaring Rule 7, Rule 9 and Rule 10 of the Chati...
Upnarayan Gurwani and Another Vs. Bhushan Prasad Sahu and Another
Court: Chhattisgarh
Decided on: Apr-08-2011
(Miscellaneous 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 Additional Motor Accident Claims Tribunal, Dhamtari (for short `the Tribunal') vide award dated 17.07.2005, passed in Claim Case No.140/2004.2) As against the compensation of Rs.24,50,000/-, claimed by the appellants/claimants, unfortunate parents of deceased Kailash Kumar, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 08.01.2003, the Tribunal awarded a total sum of Rs.1,35,000/- as compensation to the claimants 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 claimants' son Kailash Kumar died on account of the injuries sustained by him in the motor accident on 08.01.2003; the acciden...
Smt Shalli Masih and Others Vs. Parasram and Others
Court: Chhattisgarh
Decided on: Apr-08-2011
(MEMORANDUM OF APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT)RAJEEV GUPTA, C.J.1. This is claimants' appeal for enhancement of the compensation awarded by the Fifth Additional Motor Accident Claims Tribunal, Raipur (for short `the Tribunal') vide award dated 07.05.2005, passed in Claim Case No.97/2004.2) As against the compensation of Rs.6,93,000/- claimed by the appellants/ claimants, unfortunate widow, minor children and parents of deceased Rajendra Masih, by filing a claim petition under Section 163-A of the Motor Vehicles Act, for his death in the motor accident on 26.01.2004, the Tribunal awarded a total sum of Rs.1,72,000/- as compensation along with interest @ 6% 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 Rajendra Masih died on account of the injuries sustained by him in the motor accident on 26.01.2004; the accident occurred due to rash a...
Smt Ponam Bai and Others Vs. Tukaram and Another
Court: Chhattisgarh
Decided on: Apr-08-2011
(MISCELLANEOUS 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 Second Additional Motor Accident Claims Tribunal, Mahasamund (for short `the Tribunal') vide award dated 31.12.2004, passed in Claim Case No.74/2004.2) As against the compensation of Rs.11,05,000/-, claimed by the appellants/claimants, unfortunate widow and minor children of deceased Krishna Netam by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 17.04.2004, the Tribunal awarded a total sum of Rs.1,48,750/- as compensation along with interest @ 6% 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 Krishna Netam died on account of the injuries sustained by him in the motor accident on 17.04.2004; the deceased who was driving the Truck bearing ...
Byasram Yadav Vs. State of Madhya Pradesh
Court: Chhattisgarh
Decided on: Apr-07-2011
(CRIMINAL APPEAL UNDER SECTION 374 1 OF THE CODE OF CRIMINAL PROCEDURE)1. This appeal is directed against the judgment and order dated 14.8.1996 passed by Additional Sessions Judge, Bilaspur in Sessions Trial No. 12/1991 convicting the accused/appellant for the offence punishable under Section 376 IPC and sentencing him to undergo rigorous imprisonment for ten years and pay fine of Rs. 10,000 in default of payment of fine to further undergo rigorous imprisonment for two years.2. Facts of the case in brief are that on 5.9.1989 at about 4.55 p.m. FIR Ex. P-2 was lodged by Phul Bai (PW-2) to the effect that on that day when she had gone to her workplace along with her younger sister (PW-3 - the prosecutrix herein), at about 12.10 afternoon, the appellant who was working as driver in NTPC, took her and her sister to his house on the pretext of taking food. Thereafter, it is alleged that she was turned out of his house by him and after bolting the front door, he entered his house from the b...
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