Madhya Pradesh Court February 1993 Judgments
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Chhatisgarh Yatayat Sangh and ors. Vs. State of Madhya Pradesh and ors ...
Court: Madhya Pradesh
Decided on: Feb-04-1993
Reported in: I(1993)ACC716; 1993(0)MPLJ680
ORDERP.P. Naolekar, J. 1. The petitioner No. 1 is an association representing all the Stage and Contract Carriage permit holders, whereas petitioners 2 and 3 are private limited companies registered under the Companies Act. The petitioners in this petition have challenged the notification of the State Government dated 3-10-1992 (Annexure-A/1) whereby the State Government has granted permission to ply three wheeler tempos on all the routes to the extent of 40 kilometers around Durg and Bhilai towns.2. The contention of the petitioners is that this permission in fact modifies the Nationalised Scheme No. 15 and, therefore, could only be affected as per the provisions made under Section 102 of the Motor Vehicles Act (59 of 1988). On the other hand, it is the case of the State Government that three wheeler tempos are motor cabs and they do not fall within the ambit of Scheme No. 15 and, therefore, there was no necessity of taking proceedings under Section 102 of the Motor Vehicles Act, 1988...
Veniram Ghasiji and ors. Vs. Karamsingh Hiralal and ors.
Court: Madhya Pradesh
Decided on: Feb-03-1993
Reported in: 1993(0)MPLJ347
V.S. Kokje, J.1. This appeal arises out of a suit filed by the respondents against the appellants for a declaration and a mandatory permanent injunction. According to respondents/plaintiffs, they have a right to unobstructed flow of natural water from their own field which is at a higher level to that of the appellant's field, which is at a lower level situated just across a small way in between the two fields. The plaintiffs/respondents had complained that the defendants/appellant had obstructed free flow of water from the plaintiffs/respondents field to the defendants field by increasing the level of their field at the boundary by stacking debris removed from a well sunk by the appellant/defendants in their field. The defendants on the other hand took a stand that there was no right vested in plaintiffs to pass the water in his field on to the defendants field. Both the Courts below have decreed the plaintiffs' suit. This second appeal has now been filed against these concurrent Judg...
Gangabai and Two ors. Vs. Harmendra Singh and Two ors.
Court: Madhya Pradesh
Decided on: Feb-03-1993
Reported in: 1(1994)ACC235
R.D. Shukla, J.1. This appeal is directed against the judgment and award dated 9-2-1983 of the IIrd Additional Motor Accident Claims Tribunal, Indore passed in Claim Case No. 202/80 whereby the appellants have been awarded a compensation to the tune of Rs. 14,400/- for the death of Hemraj who was working as a peon in the Transport Department.2. The brief history of the case is that on 19.8.80 Hemraj who was working as a peon with the R.T.O., Indore was going towards the residence of the then R.T.O. This truck No. C.P.F. 7455 driven by respondent No. 2 and owned by respondent No. 1 came from behind and dashed against Hemraj who died on the spot. The impact was so severe that the body was cut into three pieces. At the time of this accident the vehicle was insured with respondent No. 3. The matter was reported to the Police. The case was registered against the driver.There after these appellants (claimants) who are the widow and sons of deceased Hemraj filed this petition and claimed Rs. ...
Sunitabai Vs. Devendra Kumar
Court: Madhya Pradesh
Decided on: Feb-02-1993
Reported in: I(1993)DMC618
R.D. Shukia, J.1. This appeal is directed against the judgment and decree dated 17.3.92 of the lIind Additional District Judge, Shajapur Camp Agar passed in Civil Suit No. 8-A of 1989 whereby the marriage between the appellant and respondent have been dissolved and declared to be void.2. The admitted facts of the case are that the appellant and respondent were married at Bhopal on 19.4.86 according to Hindu rites. Thereafter the appellant went alongwith respondent to Agar where he was working. During their stay at Agar the appellant-wife had an attack of epilepsy. She was unconscious for some period with all the symptoms of epilepsy. On enquiry she disclosed that she is suffering from this ailment fromher childhood.3. The respondent-husband took her to Nagpur and got her treated/ from Dr. Mukund Baheti. It was told to him that it was incurable and was further confirmed that the ailment is nearly 15 years old. During her stay with the respondent she had many attacks of epilepsy. Thus, s...
Kesharbai and anr. Vs. Sadashiv Dixit
Court: Madhya Pradesh
Decided on: Feb-01-1993
Reported in: 1993ACJ824
R.D. Shukla, J.1. This appeal is directed against the judgment and award dated 28.6.1983 of the IInd Addl. Motor Accidents Claims Tribunal, Indore, passed in Claim Case No. 44 of 1982 whereby the respondent has been awarded a compensation of Rs. 6,500/- for damage caused to the house because of the forceful impact of truck No. MPI 3219 owned by appellant No. 1 and driven by respondent No. 2.2. The admitted facts of the case are that appellant No. 1 is the owner of truck No. MPI 3219. It was driven by appellant No. 2, a driver who was under the employment of appellant No. 1. Appellant No. 2 was carrying the wooden logs in the truck. While reversing the vehicle it dashed against the house of respondent who is an advocate practising at Indore.3. The incident is said to have taken place on 9.11.1981 at about 11 a.m. The respondent-claimant reached on the spot. He protested against the omission and commission of driver. Thereafter a claim was filed. It was stated that there has been extensi...
National Insurance Co. Vs. Nandibai and ors.
Court: Madhya Pradesh
Decided on: Feb-01-1993
Reported in: 1(1994)ACC373
A.R. Tiwari, J.1. This Misc. Appeal presented under Section 173 of the Motor Vehicles Act (for short, 'the Act') is directed against the order dated 27.4.93 rendered by MACT Ujjain in Claim Case No. 79/90, thereby passing an interim Award of Rs. 25000/- together with interest at the rate of 12% p.a. in case of default of non-deposit within a month from the date of order.2. Briefly stated, the facts of the case are that Tampo bearing Registration UCP 7189 knocked down Bherulal. The L.Rs. of Bherulal filed the Claim Petition. In this claim petition, prayer under Section 140 of the Act was made for grant of interim award statutorily provided. On consideration of the documents and material on record, the Tribunal passed the order that respondent Nos. 4 and 5 and the appellant shall jointly and severally pay the interim compensation of Rs. 25000/- together with interest as above to the respondent Nos. 1, 2 and 3. Aggrieved by this order, the appellant (National Insurance Company) has prefer...
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