Madhya Pradesh Court December 1994 Judgments
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Kamal Singh and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-02-1994
Reported in: 1995CriLJ1834
A.S. Tripathi, J.1. This appeal has been preferred against the judgment and order dated 12th of October, 1979 whereby appellant Kamalsingh was convicted under Section 302 of the 1PC and was sentenced to imprisonment for life, by II Additional Sessions Judge, Guna. Other appellants Ratiram, Kripansingh, Badamsingh, Ramsingh and Parmalsingh were convicted under Section 302 read with Section 149 of the IPC and were sentenced to imprisonment for life each.2. Appellants Kamalsingh, Ratiram, Kripansingh, Badamsingh, Ramsingh and Parmalsingh were further convicted under Section 148 of the IPC and were sentenced to two years' RI each. Appellant Ramsingh was further convicted under Section 325 of the IPC and was sentenced to nine months' RI.3. Appellants Kamalsingh, Ratiram, Kripansingh, Badamsingh, and Parmalsingh were convicted under Section 325 read with Section 149 of the IPC and were sentenced to nine months' RI each.4. Appellant Kripansingh was further convicted under Section 324 of the I...
National Insurance Co. Ltd. Vs. Sheeta Sharma and ors.
Court: Madhya Pradesh
Decided on: Dec-02-1994
Reported in: 1995ACJ929
T.S. Doabia, J.1. This order shall dispose of Misc. Appeal No. 5 of 1992 and Misc. Appeal No. 231 of 1991. Both arise out of the same award dealing with the same accident. The facts have been taken from M.A. No. 5 of 1992.2. A truck No. MPG 485 turned turtle. This happened because there was failure of the brake system. The incident is said to have taken place on 28.5.1985. Ram-vilas Sharma said to be employed by the owner of the truck received injuries to which he succumbed in the hospital on the same day. A claim petition was filed by the widow, two minor daughters and the son. It was found that the deceased was getting a salary of Rs. 600/- per month and was contributing fifty per cent of this to the family kitty. The age of the deceased was 30 years. A multiplier of fifteen was applied and the compensation was assessed at Rs. 54,0007-. Rs. 15,000/- having already been paid towards no fault liability, a direction was given to pay the remainder of the amount of Rs. 39,000/-. This was ...
Nand Lal Sharma Vs. Anup Kumar and ors.
Court: Madhya Pradesh
Decided on: Dec-02-1994
Reported in: II(1995)ACC235
T.S. Doabia, J.1. This is claimant's appeal. His son Manoj Kumar aged 15 years was involved in an accident with a jeep bearing No. MPD 2704. This accident proved to be fatal. The deceased succumbed to his injuries. In the petition filed seeking compensation, the Motor Accident Claims Tribunal came to the conclusion:(i) That jeep No. MPD 2704 was responsible for this accident.(ii) That, this jeep belonged to Anup Kumar,(iii) That, the driver was Kamal Singh.(iv) That, it was concluded that the death was the result of rash and negligent driving of the driver Kamal Singh.(v) While determining the quantum of compensation this was fixed at Rs. 22,500/-.2. The claimant has sought enhancement of this compensation. According to him, at least Rs. 75,000/- should be awarded in this case.3. The learned Counsel appearing for the respondents has challenged the findings with regard to ownership as also the cause of the accident. It may, however, be noticed that. both Anup Kumar and Kamal Singh prefe...
New India Assurance Co. Ltd. Vs. Girjabai and ors.
Court: Madhya Pradesh
Decided on: Dec-02-1994
Reported in: 1995ACJ886
T.S. Doabia, J.1. Girjabai was four years old. She lost her left leg below knee in an accident with a truck. A total amount of Rs. 1,00,000/- was granted by way of compensation. The insurance company is of the view that this is too high a price for a leg of which Girjabai has been permanently deprived.2. There is no dispute with regard to the factum of an accident having taken place. The dispute is with regard to quantum of compensation. The Motor Accidents Claims Tribunal awarded:(i) Rs. 40,000/- towards the expenses of an artificial leg.(ii) Rs. 60,000/- towards loss of future expected income.It is with regard to second item, a serious challenge has been made. Rs. 250/- per month was fixed as loss of income. This came to be Rs. 3,000/- per year. By using multiplier of 20 the figure of Rs. 60,000/- has been arrived at.3. I am of the view that no exception can be taken to the amount of compensation. The claimant as she grows would have to adjust with artificial leg from year to year ti...
Bar Association Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-01-1994
Reported in: 1995(0)MPLJ562
ORDERU.L. Bhat, C.J.1. By letter dated 11-10-1991, Bar Association, Sheopurkala requested the High Court to establish Court of Additional Sessions Judge at Sheopurkala or alternatively to establish a link Court at that place to deal with the cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the 1989 Act'). Subsequently, a telegram was received from the Bar Association, Jhabua praying that in the absence of or during long leave of a Special Judge, the Additional Sessions Judge may hear urgent bail petitions under the 1989 Act. On the direction of the Chief Justice, the letter and the telegram have been treated as Writ Petition. Notices have been issued to the learned Advocate General, President, High Court Bar Association, President of the Local District Bar Association and President of the Jhabua Bar Association. Except the learned Deputy Advocate General representing the learned Advocate General, none of the other persons to whom no...
Rajendra Singh Vs. Kusuma Devi
Court: Madhya Pradesh
Decided on: Dec-01-1994
Reported in: II(1995)ACC84
T.S. Doabia, J.1. A suit filed by respondents Nos. 1 to 5 in the year 1985 is still at the preliminary stage. One Maharaj Singh was murdered. His widow and his daughters filed a suit for compensation. Court fee was not paid. Exemption was sought from the payment of Court fee in view of the notification issued by the State of Madhya Pradesh under Section 35 of the Court Fees Act, 1870. This exemption is available to the women whose income is less than Rs. 6,000/-. The Trial Court came to the conclusion that a case has been made for exemption and it is that order which has been challenged in this revision petition.2. The learned Counsel appearing for the petitioner has stated that the Court below did not follow proper procedure in the matter of grant of exemption. It is the basic contention that the notice was required to be given to the Collector. He further stated that as laid down by a Division Bench of this Court in Ramji Sharma v. High Court of M.P. and Ors. 1989 JLJ 237 procedure i...
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