Gujarat Court May 2012 Judgments
New India Assurance Co.Ltd Vs. Beniben Wd/O. Somabhai Virabhai and Oth ...
Court: Gujarat
Decided on: May-10-2012
ORAL COMMON JUDGMENT 1. All these appeals arise out of the common judgment and award dated 31.03.1993 passed by the learned Motor Accident Claims Tribunal (Aux.), Panchmahals at Godhra in M.A.C.P. No.446/1984, 447/1984, 538/1984, 564/1984 and 579/1984 whereby, the claim petitions were partly allowed. 2. On 22.04.1984 at about 0700 hrs. due to turtling of a Truck bearing registration no. GTP 6631 near Village Dumela, whereby some persons were injured and some succumbed to the injuries. The heirs of the deceased and injured persons filed claim petitions before the Tribunal. All the claim petitions were head together and disposed of by the impugned judgment and award whereby, the original claimants of M.A.C.P. No.446/1984 were awarded Rs.2.00 Lacs as compensation, the original claimants of M.A.C.P. No.447/1984 were awarded Rs.80,000/- as compensation, the original claimants of M.A.C.P. No.538/1984 were awarded Rs.2.00 lacs as compensation, the original claimants of M.A.C.P. No.564/1984 we...
Tag this Judgment!New India Assurance Co. Ltd Vs. Menaben Wd/O Babuji Lalaji Thakor and ...
Court: Gujarat
Decided on: May-10-2012
ORAL JUDGMENT By way of filing this appeal under Section 173 of the Motor Vehicles Act, 1986 the appellant – original opponent No.2 has challenged the judgment and award dated 22nd Marcy 2006 passed by the Presiding Officer, Fast Track Court No.2, Ahmedabad(Rural) in MAC Petition No.1289 of 1998 whereby the Tribunal has awarded Rs.292,000 to the claimants. 2. The short facts of the present appeal are that on 5th July 1998 deceased Babuji and his friend Kalpesh Joshi were travelling on Scooter and when they were passing through Mahomadpura Village at 3 PM, at that time, original opponent No.1 came there by driving his truck and dashed with the Scooter due to which deceased sustained serious injuries and died. The claimants have filed claim petition claiming compensation of Rs.5 lakhs on the ground that the deceased was earning Rs.3,000 per month. The Tribunal after considering the evidence has awarded Rs.2,92,000 along with interest at the rate of 7.5% per annum from the date of t...
Tag this Judgment!Special Land Acquisition Officer and Others Vs. H/O Vijaysinh Khumansi ...
Court: Gujarat
Decided on: May-09-2012
COMMON ORAL JUDGMENT 1. The present First Appeals have been filed under Section 54 of the Land Acquisition Act, 1894 read with Section 96 of the Civil Procedure Code challenging the judgment and award passed by the Reference Court (5th Additional Senior Civil Judge, Bharuch) dated 16.06.2010 in Land Reference Case Nos.445/2001 to 458/2001 (main Land Reference Case No.445/2001) on the grounds stated in the memo of first appeals. 2. Heard learned AGP Mr.Devang Dave for the appellants-State and learned counsel, Mr.M.M. Saiyed for the respondents-original claimants. 3. Learned AGP Mr.Dave has tried to submit that the claimants have failed to discharge their burden with regard to the nature of the land, yield etc. It is also submitted that the Court below has committed an error in comparing two lands on the basis the previous award in case of Village : Sudi. It is, therefore, submitted that the enhancement should not be made to the tune of Rs.66.50 per sq.mtrs., which is on higher side. 4. ...
Tag this Judgment!Shantaben, Wd/O Givindbhai Gagjibhai Lohiya and Others Vs. Idrish Abdu ...
Court: Gujarat
Decided on: May-09-2012
ORAL JUDGMENT 1.0 This appeal is directed against the judgement and award dated 21.11.2003 passed by learned Motor accident Claims Tribunal (Aux), Himmatnagar, Sabarkantha in Motor Accident Claim Petition No. 337 of 1994 wherein the Tribunal has awarded a sum of Rs.500000/- along with interest at the rate of 9% per annum from the date of award till satisfaction of the award. 2.0 On 13.03.1994 at 9.45 a.m. Govindbhai was driving the tempo No. GJ-3-T-6743 from Ahmedabad to Himmatnagar. At that time one truck No. GTT-4985 came from opposite direction in excessive speed and in a rash and negligent manner dashed with the tempo. As a result of which, Govindbhai sustained serious injuries and ultimately he succumbed to the same. The legal heirs therefore filed the aforesaid claim petition wherein the aforesaid award came to be passed. This appeal is at the instance of the claimants for enhancement of compensation. 3.0 Learned advocate for the appellant contended that learned Tribunal committe...
Tag this Judgment!Oriental Insurance Company Limited Vs. Ashokbhai Kiritbhai Pandit and ...
Court: Gujarat
Decided on: May-09-2012
ORAL JUDGMENT Though served, none appears on behalf of the respondents. 1. This appeal has been preferred against the award passed under Section 140 of the Motor Vehicles Act, 1988. 2. Obviously, this award is in the nature of an interim award, which is subject to adjustment against the final award, which may be passed in the main claim petition. Looking to the facts of the case, I am of the opinion that the view taken by the Tribunal is tentative and any observations that may be made by this Court on the merits of the case may prejudicially affect the interest of either party before the Tribunal since the main claim petition is still pending. 3. Having considered the overall facts and circumstances of the case, I am of the view that interest of justice would be met by directing the Tribunal to expedite the hearing of the main claim petition pending before it. 4. Accordingly, the following order is passed; [a] The main claim petition being M.A.C.P. No.349/2009 pending before the Motor ...
Tag this Judgment!Ajit J Pala Vs. Gujarat Water Supply and Sewerage Board Through Execut ...
Court: Gujarat
Decided on: May-09-2012
CAV JUDGMENT J. B. PARDIWALA, J. 1. By way of this writ petition under Article 226 of the Constitution, the petitioner a resident of village Nani Bhalsan (Beraja) Taluka Kalavad, District Jamnagar has prayed for a writ of mandamus upon the respondent authorities to hold necessary inquiry and take appropriate steps/actions against the person responsible for misappropriating the funds ear-marked for “Fulzer – 1 Regional Water Supply Scheme” floatedby the State Government and also to initiate appropriate inquiry with regard to non supply of water to the Villagers, who were to derive benefits from the said scheme of water supply and further to submit a report in this regard before this Court. 2. The case of the petitioner as set up in the petition may be summarized thus: The petitioner is a former member of Nani Bhalsan Gram Panchayat and claims to be a well-reputed social activist of the village. According to him, the respondent authorities floated a scheme for supply of...
Tag this Judgment!United India Insurance Company Ltd. Vs. Natvarlal Muljibhai Pabari and ...
Court: Gujarat
Decided on: May-09-2012
ORAL JUDGMENT 1. This appeal has been preferred against the judgment and award dated 18.04.1996 passed by the Motor Accident Claims Tribunal (Main), Vadodara in M.A.C.P. No.1013/1989 whereby, the claim petition was allowed in part. 2. The aforesaid claim petition was preferred in connection with the vehicular accident that took place on 06.03.1989 involving a Matador Tempo bearing registration No. GTP 7705 in which respondent no.1, original claimant, sustained severe bodily injuries. 3. The main contention raised on behalf of the appellant-Insurance Company is that the liability of the Insurance Company is limited to the extent of Rs.1.50 Lacs only according to the Insurance Policy of the vehicle in question. However, the Tribunal did not appreciate the said aspect of the case and held the appellant-Insurance Company, along with other opponent, jointly and severally liable to satisfy the claim. 4. Heard learned counsel for the parties. The Insurance Policy of the vehicle in question wa...
Tag this Judgment!Rohit Nathabhai Khodabhai Vs. Bhailalbhai Shanabhai Parmar and Another
Court: Gujarat
Decided on: May-09-2012
ORAL JUDGMENT 1. This appeal has been preferred against the judgment and award dated 31.01.1997 passed by the Motor Accident Claims Tribunal (Aux.-IV), Kheda at Nadiad in M.A.C.P. No.710/1987 whereby, the claim petition was allowed in part and the appellant, original claimant, was awarded total compensation of Rs.1,58,200/- along with interest at the rate of 12% per annum from the date of application till its realization with proportionate costs. 2. The aforesaid claim petition was preferred in connection with the vehicular accident that took place on 09.12.1986 at around 2000 hrs. on the Rajupura – Khankuva road while the appellant was driving his auto-rickshaw bearing registration No. GTJ-8264. The said auto-rickshaw was dashed by a Tractor bearing registration No. GJU-7604 driven by respondent no.1 herein. 3. The main contention raised on behalf of the appellant-claimant is that the multiplier adopted by the Tribunal while computing future loss of income is on the lower side. ...
Tag this Judgment!Desai Vikrambhai Sendhabhai and Others Vs. Desai Sankabhai Bijolbhai a ...
Court: Gujarat
Decided on: May-09-2012
ORAL JUDGMENT 1. The present Second Appeal u/s.100 of the Code of Civil Procedure has been preferred by the appellants herein – original defendant Nos.3 to 5 to quash and set aside the impugned judgement and order dated 18/10/2007 passed by learned Joint District Judge, Mahesana (Fast Track Court No.3) in Regular Civil Appeal No.41 of 2004, by which, learned Appellate Court has allowed the said appeal preferred by original plaintiffs and quashed and set aside the judgement and decree passed by learned Trial Court in Regular Civil Suit No.2 of 2004. 2. Today when the present Second Appeal is taken up for final hearing, Mr.Keyur Vyas, learned advocate appearing on behalf of the appellants herein – original defendant Nos.3 to 5 and Mr.P.S.Chaudhari, learned advocate appearing on behalf of the contesting respondents have stated at the bar that the parties have settled the dispute amicably and, therefore, no cause survive to continue with the present Second Appeal. 3. In view of...
Tag this Judgment!Bharat Petroleum Corporation Limited Vs. Talaja Nagarpalika and Others
Court: Gujarat
Decided on: May-09-2012
CAV JUDGMENT Rule returnable today. Learned advocate Shri Deepak P. Sanchela appears and waives service of notice of rule for respondent no.1. Learned AGP Ms. V.S Pathak appears and waives service of notice of rule for and on behalf of respondent nos. 2 to 4. The petitioner is a public sector undertaking and is a Government company as defined under Section 617 of the Companies Act, 1956. It is engaged in the business of marketing and distribution of petroleum products. The respondent no.1 is a Nagarpalika of Taluka Talaja of District-Bhavnagar. On 16th February 1957, 372 sq. meters of open land was taken on lease by Messrs. Burmah Shell Oil Storage and Distribution of India Limited – predecessor in title of the petitioner from the respondent no.1. This was for running a retail outlet [petrol pump] and the lease continued to be renewed every three years. Thus, the petitioner has been running the retail outlet for more than fifty years. It is the say of the petitioner that the leas...
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