Madhya Pradesh Court December 1990 Judgments
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Shyama and anr. Vs. Radhyeshyam and ors.
Court: Madhya Pradesh
Decided on: Dec-04-1990
Reported in: 1992ACJ863
A.G. Qureshi, J. 1. This appeal is directed against the award dated 21.4.1981, passed by the Additional Member, Motor Accidents Claims Tribunal, Indore, in Claim Case No. 47 of 1979, whereby the appellants have been held to be disentitled to get any compensation for the death of their brother.2. The facts leading to this appeal, in short, are that the appellants along with one Krishna Bai had filed a claim petition before the Claims Tribunal for getting compensation amounting to Rs. 50,000/- for the death of Prahlad, who is the son of Krishna Bai and the brother of the present appellants, who allegedly died in a motor accident on 12.12.1978. The respondent No. 1 is the owner of car No. RJO 1094 and respondent No. 2 is the driver of the aforesaid vehicle and on the relevant date it was insured with the insurance company, respondent No. 3. According to the claimants Prahlad, who was the son of claimant No. 1 and brother of claimant Nos. 2 and 3, was serving in a transport company and get...
Vishakha Bai Vs. Sushil Kumar and ors.
Court: Madhya Pradesh
Decided on: Dec-02-1990
Reported in: II(1991)ACC70; 1992ACJ750
A.G. Qureshi, J.1. This judgment shall govern the disposal of appeal Nos. 279 of 1984 and 280 of 1984 (Radhey Shyam Sunar v. Sushil Kumar) filed reportedly against the award dated 22nd June, 1984 in Claim Case Nos. 40 of 1982 and 39 of 1982 passed by the Member, Motor Accidents Claims Tribunal, Ujjain, wherein the learned Tribunal awarded damages to both the claimants in respect of an accident which took place on 5.10.1981 at Freeganj, Ujjain. Both the appellants are dissatisfied with the amount of award and, therefore, have preferred these appeals.2. The M.P. State Road Transport Corporation, respondent in both appeals, has filed cross-objections challenging the award on the ground that the Tribunal has wrongly held that the accident occurred due to the negligence on the part of the driver of its vehicle CPH 8561.3. Facts leading to these appeals and cross-objections in short are that an accident took place on 5.10.1981 at about 12 o'clock in the day in Freeganj, Ujjain. It is a commo...
Commissioner of Income-tax Vs. R.C.C. Hume-pipe and Products
Court: Madhya Pradesh
Decided on: Dec-01-1990
Reported in: [1991]188ITR187(MP)
1. This is an application under Section 256 of the Income-tax Act, 1961, for directing the Income-tax Appellate Tribunal to refer the following questions of law for the decision of this court:'1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the sales tax subsidy received by the assessee from the Madhya Pradesh Government is not taxable in the hands of the assessee ? 2. Whether the Tribunal was justified in following their own decision in ITA. Nos. 246 and 247 (Nag)/80 and ITA No. 1342/Hyd/1978-79 of Hyderabad Bench, when the rules regulating grant of subsidy to those rules prevalent in Maharashtra and Andhra Pradesh ? 3. Whether the sales tax subsidy granted by the Madhya Pradesh Government to the industries located in Madhya Pradesh is in consideration of the capital contribution to partake the character of capital receipt ?' In fact, what is required by this court to be decided is whether the sales tax subsidy received by the ...
Sajju Pathak Alias Manmohan Lal Pathak Vs. Shanku Alias Shankerlal and ...
Court: Madhya Pradesh
Decided on: Dec-01-1990
Reported in: II(1992)ACC301
D.M. Dharmadhikari, J. 1. The appellant, aged about 30 years, who claims to be by occupation an electrician, suffered injuries in motor accident on 6/7/1981 for which Claims Tribunal, Damoh, by order dated 2nd of January, 1986 granted him a total compensation in the sum of Rs. 3,500/- with interest at the rate of Rs. 6 per cent per annum. The appellant has approached this Court for enhancement of the said compensation and the claim in appeal is valued at Rs. 40,000/-.2. The tribunal by the impugned award under the appeal reached a finding that the appellant failed to prove that he suffered any grievous injury i.e. fracture of his left femure bone as alleged by him. According to the tribunal, he did not produce any papers of the hospital to show the period for which he was confined. In the hospital and the actual medical expenses that he had to incur. On the above finding that Tribunal granted a sum of Rs. 1,500/ as general damages and Rs. 500/- as special damages for approximate medica...
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