Delhi Court January 1989 Judgments
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Chandan and anr. Vs. Kanwarlal and anr.
Court: Delhi
Decided on: Jan-23-1989
Reported in: 1(1989)ACC451
S.B. Wad, J.1. The accident took place on 20/21-11-1967 20/21-11-1967 in which one Sharif died in the accident caused by Truck No. DLG 5228. There is no cross appeal. thereforee, the appeal is limited only to the quantum.The deceased was 25 years old at the time of the accident and the claimants are mother, father and the widow. The widow has since been remarried and, thereforee, she is not entitled to any compensation. The claimant had claimed Rs. 35,000/- as compensation while the Tribunal awarded Rs. 5100/-.2. The Tribunal has rightly come to the conclusion that the deceased was earning Rs. 150/- per month. The petitioner's father was 60 years old and his mother was 55 years old at the time of the accident. thereforee, the Tribunal was right in taking ten as the multiplier. However, considering the income of the deceased which was almost the minimum wages at the relevant time, I am not inclined to deduct more than Rs. 50/- per month on the personal expenses. I, thereforee, hold that...
Ram Autar Suresh Kumar Vs. Kanta Devi and ors.
Court: Delhi
Decided on: Jan-23-1989
Reported in: 1(1989)ACC432
S.B. Wad, J.1. This appeal is filed by the owner of Bus No. DLP 3871 against the award of the Motor Accidents Claims Tribunal, contesting his liability for the death of one Gulshan Kumari. The accident took place on 7-1-1968 in which Ms. Gulshan Kumari was crushed under the bus as she fell down from the bus when the driver stopped the bus and again restarted it in a very negligent and rash manner. The deceased was 23 years old at the time of the accident and was employed with M/s. Bharat Carbon and Ribbon Manufacturing Company, Lajpat Nagar, at a monthly salary of Rs. 158/- per month. The appellant had examined RW/ 1 Riaz Ahmed to support his claim His case was that the deceased jumped out of the bus of her own accord and was crushed under the bus. The Tribunal has disbelieved the statement of Riaz Ahmed for he was standing near the back entrance of the bus while the deceased girl boarded the bus from the front entrance. The Tribunal found that the deceased was standing on the front st...
Chandan and anr. Vs. Kanwar Lal and anr.
Court: Delhi
Decided on: Jan-23-1989
Reported in: II(1989)ACC179
S.B. Wad, J.1. The accident took place on 20/21-11-1987 20/21-11-1987 in which one Sharif died in the accident caused by Truck No. DLG 5228. There is no cross appeal. thereforee, the appeal is limited only to the quantum.2. The deceased was 25 years old at the time of the accident and the claimants are mother, father and the widow. The widow has since been remarried and, thereforee, she is not entitled to any compensation. The claimants had claimed Rs. 33,000/- as compensation while the Tribunal awarded Rs. 5100/-.3. The Tribunal has rightly come to the conclusion that the deceased was earning Rs. 150/- per month. The petitioner's father was 60 years old and his mother was 55 years old at the time of the accident. thereforee, the Tribunal was right in taking ten as the multiplier. However, considering the income of the deceased, which was almost the minimum wages at the relevant time, I am not inclined to deduct more than Rs. 50/- per month on the personal expenses. I, thereforee, hold...
Zenith Steel Pipes and Industries Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Jan-20-1989
Reported in: (1989)(24)LC114Tri(Delhi)
1. M/s Zenith Steel Pipes & Industries Limited had filed a revision application to the Additional Secretary, Government of India, Ministry of Finance, Department of Revenue, New Delhi, being aggrieved from Order-in-appeal No. 1787/80 dt. 30th October, 1980 passed by the Collector of Central Excise (Appeals) Bombay. After coming into existence of the Tribunal, the said revision application stands transferred to the Tribunal in terms of Section 35P of the Central Excises & Salt Act, 1944.2. The revision application was disposed of by the Tribunal vide Order No. 691/86-D dated 29th August, 1986. Thereafter, the appellants had moved an application under Section 35C(2) of the Central Excise & Salt Act, 1944 for the rectification of the order and vide Misc. Order No.173/87-D dated 17th August, 1987 the earlier Order No. 691/89-D dated 29th August, 1986 of the Tribunal was recalled.3. Mr. Kamal Parsuram Puria, the learned Advocate has appeared on behalf of the appellants. He has ...
Krishan NaraIn and ors. Vs. Jai Singh and ors.
Court: Delhi
Decided on: Jan-20-1989
Reported in: 1(1989)ACC358
S.B. Wad, J.1. This is an appeal for enhancement of compensation. The Motor Accident Claims Tribunal has ordered a sum of Rs. 24,000/-while the Claimants have demanded Rs. 2 lacs. The accident took place on 16-3-1982 in which Smt. Kanta Rani died. There is no cross appeal, thereforee, the question is only limited to the adequacy of compensation.2. The learned Tribunal has found that the deceased was looking after her family and was doing the household work and was also assisting her husband in running the tailoring shop. After recording this finding the Tribunal has held that the loss of the family member is Rs. 100/- per month. The Tribunal took 15 as a multiplier. The deceased was only 35 years of age. It has come in the evidence of the husband that the shop was earning Rs. 700/- per month by doing the tailoring work. The wife's contribution it can safely be evaluated, as Rs. 100/- per month. The household work looking after the children and cooking in 1982 can certainly be evaluated...
Collector of Central Excise Vs. Ceramic (India) Limited
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Jan-19-1989
Reported in: (1989)(21)LC289Tri(Delhi)
1. We have heard Shri Kohli and Smt. Zutshi. Shri Kohli has argued that M/s. Ceramic (India) Limited (hereinafter referred as the assessee) manufacture Glazed tiles on which duty is being paid. There is no dispute about this product. In the course of manufacture of Glazed tiles they get Clay tiles as an intermediate product, the dutiability of which is in dispute. The Assistant Collector of Central Excise, Jaipur has classified the Clay tiles under Tariff Heading 6905.00 for the purpose of Central Excise duty, whereas the Collector (Appeals) has classified the goods under Tariff Heading 6901.00. Shri Kohli has argued that the Clay tiles are neither unglazed tiles nor glazed tiles; they are not marketable and not excisable at all. They took up the matter with the Central Board of Excise and Customs, New Delhi, who, vide their circular No. 22/88 (F. No. 133/1/88-CX. 4) dated 17.10.1988, a copy of which is placed at page 98 of the paper-book filed by the assessee, have clarified that unv...
Exite Laboratories Vs. A.A. Products (India) and ors.
Court: Delhi
Decided on: Jan-19-1989
Reported in: ILR1989Delhi679
P.K. Bahri, J. (1) The plaintiff has instituted this suit seeking permanent injunction restraining the defendants from manufacturing, selling, offering for sale, printing of tin boxes, chitons, labels, stickers, advertising, directly or indirectly dealing in brake flud, oil saver, 2 T oil, motor and gear oils and hydraulic (BF) or cognate and allied products under the trade mark 'EXIDE' or any other trade mark which may be identical with and/or deceptively similar to the plaintiff's trade mark 'EXITE' and the consequential relief of rendering of accounts and delivering of the offending material to the plaintiff. Along with the plaint, the plaintiff has filed the present application seeking interim injunction to the same effect till the disposal of the suit. (2) The case set up by the plaintiff, in brief, is that the plaintiff is engaged in the business of processors, manufacturers and merchants of brake fluid, oil saver etc., as aforesaid, since 1986 and has been using the trade name '...
Rattan Lal Mehta Vs. Rajender Kapoor and anr.
Court: Delhi
Decided on: Jan-19-1989
Reported in: 1(1989)ACC479
S.B. Wad, J.1. This appeal has been filed for enhancement of compensation awarded by the Motor Accidents Claims Tribunal. As a result of the accident, the appellant suffered loss of his right eye. The appellant was 51 years old at the time of the accident. He was working in the Swiss Embassy. Although he has lost one eye, he has not lost the job and he is working in the Swiss Embassy drawing Rs. 3000/- per month as salary. Thus there is no disability created for the appellant.2. The Motor Accident Claims Tribunal has awarded Rs. 66,200/-as compensation. The submission of the appellant is that the Tribunal ought to have ordered more amount towards general damages which the Tribunal has awarded at Rs. 15,000/-.3. Considering the total amount of Rs. 66,200/- awarded by the Tribunal and that too in lump sum, I do not find any merit in the appeal. Dismissed. The security given by the appellant is discharged....
National Insurance Co. Ltd. and anr. Vs. Rattan Lal Mehta
Court: Delhi
Decided on: Jan-19-1989
Reported in: 1(1989)ACC382
S.B. Wad, J.1. This is an appeal by the National Insurance Co. Ltd. against the award of a Motor Accident Claims Tribunal dated 8-3-1983. Through this appeal the appellant had challenged the quantum of damages as well as the cause of the accident. The owner of the offending car has also filed the appeal. The respondent Rattan Lal Mehta lost his right eye due to the accident on 28th March 1978 between car DLF 3229 and car DHA 8673 belonging to Rajinder Kapur. Counsel for the respondent has taken through the evidence of eye witnesses.2. The evidence of eye witness PW 4, Mahinder Singh; medical evidence; site plan; and the FIR are properly considered by the Tribunal and the evidence is properly appreciated. After going through the evidence on record I am satisfied with the order of the Tribunal.3. I find no ground for interference. Dismissed. No orders as to costs....
Delhi Transport Corporation Vs. Veena Rani Sethi and ors.
Court: Delhi
Decided on: Jan-19-1989
Reported in: 1(1989)ACC367
S.B. Wad, J.1. This is an appeal filed by the Delhi Transport Corporation against the order of the Motor Accidents Claims Tribunal dated 23-9-1981, claiming that the order is wrong in as much as the DTC vehicle has been held to be responsible for causing the death of Shri K.L. Sethi. The submission of the appellants is that on proper appreciation of the evidence on record it can be seen that it is only the deceased who got involved in the accident by his own negligence. Alternatively it is submitted this is a case of contributory negligence.2. Deceased K.L. Sethi was going on his scooter No. DHU 3146 from his office towards his residence and when he was so going near Kothi No. 1, King George Avenue, he wanted to cross the road. When he had crossed 3/4th of the road after giving proper signal, bus No. DHP 2160 came from the other side in a high speed and hit the scooter. K.L. Sethi died in the accident. I have been taken through the evidence by the counsel for the appellant. I agree wit...
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