Chhattisgarh Court January 2012 Judgments
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Vijendra Kumar Chandniha Vs. Sitaram Daseriya and Another
Court: Chhattisgarh
Decided on: Jan-03-2012
(Appeal under Section 173 of Motor Vehicle Act) Rajeev Gupta, C.J. 1) Appellant/ Claimant Vijendra Kumar Chandniha is seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Dhamtari (for short ‘the Tribunal') vide award dated 15.10.2009, passed in Claim Case No.83/2009. 2) As against the compensation of Rs.9,00,000/- 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 18.10.2008, the Tribunal awarded a total sum of Rs.14,000/- 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 claimant Vijendra Kumar Chandniha sustained multiple serious injuries including fracture in the motor accident on 18.10.2008; the claimant himself and the driver of the other vehicle Truck bearing Registra...
New India Insurance Co Ltd Vs. Prahlad Sahu and Another
Court: Chhattisgarh
Decided on: Jan-03-2012
Oral Award (APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT) 1. This is insurer's appeal against the award dated 30th July, 2010 passed by the Additional Motor Accident Claims Tribunal (FTC), Khairagarh (for short `the Tribunal') in motor accident claim case No. 44/07. 2. As against compensation of Rs.24,82,400/- claimed by the claimant/respondent No.1 by filing application before the Tribunal under Section 163-A of the Motor Vehicles Act, 1988 (for short `MV Act') for the injuries sustained by him in the motor accident on 29.03.2007, the Tribunal awarded a total sum of Rs.50,000/- against the appellant as well as respondent No.2 along with interest @ 6 percent per annum from the date of application till its actual payment. 3. The Tribunal, on a close scrutiny of the evidence led, held: respondent No.1 Prahlad Sahu sustained multiple injuries while driving motor cycle bearing registration No. C.G. 08 E 8540 on 29.03.2007 resulting into permanent disability to the extent of 70%; appe...
Smt. Deepa Bai and Others Vs. State of Chhattisgarh and Another
Court: Chhattisgarh
Decided on: Jan-02-2012
Oral Judgment (SECOND APPEAL UNDER SECTION 100 OF THE CIVIL PROCEDURE CODE, 1908) 1. Heard on admission. 2. This is plaintiffs' second appeal under Section 100 of CPC against the judgment and decree dated 08.10.2008 passed by the Additional District Judge, Mungeli in Civil Appeal No. 13-A/2007, whereby and whereunder the plaintiffs' appeal has been dismissed affirming the judgment and decree dated 03.04.2007 passed by Civil Judge Class-1, Mungeli in Civil Suit No. 46-A/2003. 3. Plaintiffs filed a suit for declaration of title and for permanent injunction claiming title over the suit tanks situated on land bearing Kh.No.294 area 1.48 acres and Kh.No.292 area 2.96 acres, which is Paithu. 4. According to the plaintiffs, the suit tanks were owned and possessed by their ancestors, who constructed the same 120 years ago for their own use and since then earlier their ancestors and presently they are in possession. The defendant/State is trying to dispossess them and to get mutated their name ...
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