Madhya Pradesh Court October 1994 Judgments
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New India Assurance Company Ltd. Vs. Raghuvir and ors.
Court: Madhya Pradesh
Decided on: Oct-19-1994
Reported in: 1995(0)MPLJ814
ORDERT.S. Doabia, J.1. This is a petition under Article 227 of the Constitution of India. This arises out of the following facts. The petitioner is an Insurer. A tractor, bearing No. UP-75/2218, was involved in an accident on 16-10-1991. One Sonu, minor, aged four years, died in this accident. In para 3 of the claim petition, it is stated that the deceased Sonu and Maya Devi were waiting on the road-side for a lift. They made a request to the driver of the tractor to accept fare from them and permit them to travel on the tractor-trolley. It is further stated in para 3 of the claim petition that a sum of Rs. 6/- was given by way of fare. It is on these premises, the petitioner Company contends that ultimately, no liability can be fastened on them. The petitioner Company has also placed reliance on the insurance policy. As per the insurance policy, the tractor was meant to be used for agricultural purposes only.2. The Motor Accidents Claims Tribunal has awarded interim compensation to th...
New India Assurance Co. Ltd. Vs. Raghuvir and ors.
Court: Madhya Pradesh
Decided on: Oct-19-1994
Reported in: 1996ACJ196
T.S. Doabia, J.1. This is a petition under Article 227 of the Constitution of India. This arises out of the following facts. The petitioner is an insurer. A tractor, bearing No. UP-75-2218, was involved in an accident on 16.10.1991. One Sonu, minor, aged four years, died in this accident. In para 3 of the claim petition, it is stated that the deceased Sonu and Maya Devi were waiting on the roadside for a lift. They made a request to the driver of the tractor to accept fare from them and permit them to travel on the tractor-trolley. It is further stated in para 3 of the claim petition that a sum of Rs. 6/- was given by way of fare. It is on these premises, the petitioner company contends that ultimately no liability can be fastened on it. The petitioner company has also placed reliance on the insurance policy. As per the insurance policy, the tractor was meant to be used for agricultural purposes only.2. The Motor Accidents Claims Tribunal has awarded interim compensation to the extent ...
Rohini Prasad Lal Bihari Ram Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Oct-18-1994
Reported in: 1995(0)MPLJ268
ORDERS.K. Dubey, J.1. By this petition under Articles 226 and 227 of the Constitution of India, the petitioner seeks a writ of mandamus or any other suitable writ, direction or order against the respondents for grant of disability pension.2. Facts giving rise to this petition are these. The petitioner having passed his High Secondary Examination joined the Indian Army on 23-6-1977 as Grenadier (GD), after successfully clearing examinations of physical and mental fitness. After recruitment, he was further subjected to strict medical test by a competent Medical Board and was placed in the category AYE', which is the minimum medical standard required for an Indian Soldier. Thereafter, the petitioner was allotted Army Service No. 14329381-K, and was posted to Artillery Centre for undergoing training as Grenadier. The petitioner completed his training successfully and was awarded a certificate of Technical proficiency on 21-9-1978 (Annexure-B). The petitioner was again tested for his Techni...
New Precision (India) Ltd. Vs. Regional P.F. Commissioner
Court: Madhya Pradesh
Decided on: Oct-05-1994
Reported in: (1995)IILLJ163MP
ORDERA.R. Tiwari, J.1. Briefly stated the facts of the case are that the petitioner is a Company Limited by shares and is incorporated under the Indian Companies Act, 1956. It carries on the business of manufacture of graded castings including diesel engine pumping sets. The respondent issued a show cause notice dated April 16, 1984 (Annexure-A) to the petitioner in terms of the provisions of Employees Provident Fund and Miscellaneous Provisions Act, 1952 and the Scheme framed thereunder for levy of damages. This notice was thus issued under Section 14B of the Act. After hearing the petitioner, the respondent passed the order on December 1, 1984 (Annexure-B) in exercise of the powers conferred under Section 14B of the Act and ordered the payment of damages for the period from June 1980 to September 1980, March 1982, June 1982, October 1982 and January 1983. The damages were quantified as Rs. 74,087.65 p. The show cause notice (Annexure-A) and Order (Annexure-B) are under challenge in t...
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