Madhya Pradesh Court March 1995 Judgments
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Girdharilal Jagannath Chouhan and anr. Vs. Abdul Latif Abdul Rehman an ...
Court: Madhya Pradesh
Decided on: Mar-16-1995
Reported in: 1995(0)MPLJ701
ORDERJ.G. Chitre, J.1. This appeal has been preferred by the appellants assailing the award passed by IInd Motor Accident Claims Tribunal,' Indore in Claim Case No. 172 of 1981 whereby a compensation of Rs. 9,000/- with interest at the rate of 6% per annum from the date of application till realization of compensation amount has been awarded to the appellants.2. The accident in question took place on 7-6-1981 in the morning at about 8 or 8.30 a.m. when deceased Mahendra a boy aged 10 years was going towards his house from Patnipura Chouraha and was proceeding towards left side. When he reached near Nanda Nagar Road No. 12, at a place ahead of Church, the vehicle-truck bearing No. CPO-7939 driven by respondent No. 2 Aslam s/o Shaikh Hamit in the employment of respondent No. 1 Abdul Latif came from opposite side and the said accident took place. As per allegation of the appellants, the said truck was being driven by the driver Aslam rashly and negligently and because of such driving, it g...
National Insurance Company Ltd. Vs. Kamarjahan and ors.
Court: Madhya Pradesh
Decided on: Mar-16-1995
Reported in: I(1995)ACC489
D.M. Dharmadhikari, J.1. This appeal has been preferred by the National Insurance Company, Ltd. (hereinafter referred to as the 'Insurer') under Section 173 of the Motor Vehicles Act, 1988, against the Award dated 19.9.1990, passed by the Motor Accidents Claims Tribunal,' Guna for short, the 'Tribunal'.2. The necessary facts, in brief, are that deceased Ahmad Hussain was driver of the new Fiat Car, temporary No. MRV 530. The Fiat Car was one amongst the convoy of about 50 new Fiat Cars going from Bombay for delivery to Gwalior. The Fiat car mentioned above which was driven by deceased Ahmad Hussain, met with an accident as truck No. MBF 944, coming from the opposite direction between Guna and Shivpuri, dashed against the car. The driver of the Fiat car lost his life instantaneously.3. In the claim petition, filed by the mother, brothers and sister of the deceased, all other parties, namely, M/s. Premier Automobiles, an Automobile dealer at Gwalior where the cars were to be delivered, t...
Girdhari Lal and anr. Vs. Abdul Latif and ors.
Court: Madhya Pradesh
Decided on: Mar-16-1995
Reported in: II(1995)ACC390
J.G. Chitre, J.1. This appeal has been preferred by the appellants assailing the award passed by IInd Motor Accident Claims Tribunal, Indore in Claim Case No. 172 of 1981, whereby a compensation of Rs. 9,000/- with interest at the rate of 6% per annum from the date of application till realisation of compensation amount has been awarded to the appellants.2. The accident in question took place on 7.6.1981 in the morning at about 8 or 8.30 a.m. when deceased Mahendra, a boy aged 10 years was going towards his house from Patnipura Chouraha and was proceeding towards left side. When he reached near Nanda Nagar, Road No. 12, at a place ahead of Church, the vehicle-truck bearing No. CPO-7939 driven by respondent No. 2 Aslam s/o Shaikh Hamit in the employment of respondent No. 1 -Abdul Latif came from opposite side and the said accident took place. As per allegation of the appellants, the said truck was being driven by the driver Aslam rashly and negligently and because of such driving, it gav...
B.D.B. Prasad Vs. Bank of India and anr.
Court: Madhya Pradesh
Decided on: Mar-15-1995
Reported in: AIR1995MP234; 1996(0)MPLJ492
J.G. Chitre, J.1. This appeal is directed against the ex parte order passed on 28-1-1987 by the learned District Judge, Rajgarh (Bisora) in Original Suit No. 4/8 of 1981.2. It is the grievance of the appellant that summons was served on defendant's minor son named Solomon on 6-3-82. On that date he was below 18 years of age, and hence, he cannot be treated as 'adult'. He further pointed out that no copy of the plaint was annexed with the said summons. Shri Sharma made reference to certified copy of the summons in that context for substantiating the argument.3. Shri Namjoshi, counsel for the respondent No. 1 contended that a boy more than 16 years of age is treated as adult and service of the summons of the suit on him is proper service. He tried to justify the impugned order, on the basis of the word 'adult'.4. The meaning of the (word?) 'adult' in the 20th Century Dictionary is mentioned as 'Grown up', 'mature'. Both these words indi-cated sufficient maturity. In Law Laxicon with lega...
Kisan Renhat Industry Vs. Pushpa Harishankar Singhal
Court: Madhya Pradesh
Decided on: Mar-15-1995
Reported in: 1995(0)MPLJ677
ORDERU.L. Bhat, C.J.1. Defendant in the suit is the revision petitioner.2. Respondent herein filed a suit on the basis of a promissory note dated 20-4-1991, said to have been executed by the defendant in her favour for a sum of Rs. 45,000/-, alleging that no part of the interest and the principal had been paid but the relief claimed was for declaration that the plaintiff would be entitled to receive Rs. 45,000/- as principal and Rs. 23,625/- as interest from the defendant. The relief of declaration was valued at the total amount and fixed court-fee was paid under Section 7(iv) of the Court-fees Act. The court on 25-4-1994, directed the plaintiff to pay ad valorem court-fee. On 13-7-1994, plaintiff filed an application seeking to pay the ad valorem court-fee less the court-fee already paid and seeking amendment in the plaint seeking to substitute the recovery of principal and the interest amount for the declaration originally prayed for. On the date of the application, a new suit for re...
New India Assurance Co. Ltd. Vs. Lalaram and ors.
Court: Madhya Pradesh
Decided on: Mar-15-1995
Reported in: 1995ACJ847
U.L. Bhat, C.J.1. The insurer against whom the Motor Accidents Claims Tribunal passed an award has filed this appeal.2. The accident in this case took place on 20.12.1989. According to claimants, Munnibai aged 20 years, daughter of PW 1 and PW 5 along with other labourers was travelling in a truck loaded with stone chips. She had left her watch in the field and wanted to fetch it. She asked the driver of the truck to stop the vehicle which he did. While she was alighting from the vehicle, the driver rashly and negligently started and drove the vehicle as a result of which she fell down and got entangled under the wheel of the vehicle and was dragged. She sustained injuries and died. Her parents aged 55 and 50 years respectively filed a petition claiming compensation of Rs. 4,00,000/- against driver, owner and insurer of the vehicle. The owner and driver remained ex pane. The insurer filed written statement denying all the material averments and pleading exoneration. Tribunal held that ...
Surya Agroils Ltd. Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Mar-15-1995
Reported in: 1995(59)LC444(MP)
ORDERA.R. Tiwari, J.1. The petition is filed under Article 226/227 of the Constitution of India.2. Briefly stated, the facts of the case are that the petitioner is a Company' incorporated under the Companies Act, 1956. It is engaged in the business of manufacturing Pasta Foods as particularised in para 2 of the petition covered under Chapter Heading No. 19.02 of the Central Excise Tariff Act, 1985 (for short, 'the Act'). This activity is carried on in the factory situated at Salamatpur, District Raisen (MP). The respondents acquired the knowledge from Intelligence that the petitioner was engaged in clandestine removal of Pasta foods put up in unit containers falling under sub-heading 1902.10 under the guise of Pasta Foods as bulk in loose falling under sub-heading 1902.90 with intention to evade the payment of appropriate Central Excise Duty. The Unit was, therefore, inspected on 17.10.1992 and 19.1.1993. On the linchpin of the inspection and discovery of factual position, the responde...
Ashok Vs. Ashok Singh and ors.
Court: Madhya Pradesh
Decided on: Mar-14-1995
Reported in: 1996ACJ392; AIR1995MP201; 1995(0)MPLJ675
ORDERJ.C. Chitre, J.1. Heard Shri H.S. Rajpal, for petitioner; Shri S. S. Chawla, for Re. No. 3.This revision is being finally decided on the prayer of both the parties.2. The main grievance of the petitioner is that the Tribunal rejected the prayer for interim relief under Section 140 of the Motor Vehicles Act 1988 (hereinafter referred to as Act), for no reasons. Shri Rajpal submitted that there is a certificate from the medical practitioner from Choithram Hospital certifying that the petitioner suffers 10% permanent disability because of the accident in question.3. The principle behind enacting Section 140 of the Act is benevolent and it is specially made for the purpose of giving interim relief to a victim who has approached the Tribunal for getting the compensation for the permanent disability suffered by him in an accident in which vehicle has been involved. When there is a certificate of medical practitioner certifying a permanent disability, there is no reason for Tribunal to r...
Mukesh Vs. Madhya Pradesh State Road Trans. Corpn. and anr.
Court: Madhya Pradesh
Decided on: Mar-14-1995
Reported in: 1995ACJ1083
U.L. Bhat, C.J.1. The appellant herein, a boy aged 11 years, studying in 4th standard, was knocked down by a bus on 25.3.1986 and sustained several injuries including fracture of one of the legs. The bus belonging to M.P. State Road Transport Corporation, first respondent and was being driven by Harvansh Mohan, second respondent. The injured filed a claim petition before the Tribunal alleging that the accident was the result of rash and negligent driving and claimed a sum of Rs. 2,00,000/-. The respondents denied the cause of accident as alleged and denied that there was any impact by the bus belonging to respondent. The Tribunal upheld the claimant's contention regarding the nature and cause of the accident and awarded compensation of Rs. 19,000/- with interest at the rate of 12 per cent per annum from the date of the petition and costs. The claimant being not satisfied with the quantum of the award has filed this appeal. Respondents have not filed appeal but have filed cross-objectio...
Mukesh Vs. M.P. State Road Transport Corporation and anr.
Court: Madhya Pradesh
Decided on: Mar-14-1995
Reported in: II(1995)ACC179
U.L. Bhat, J.1. The appellant, herein, a boy, aged 11 years, studying in 4th standard was knocked down by a bus on 25.3.1986 and sustained several injuries including fracture of the one of the legs. The bus was belonging to M.P. State Road Transport Corporation, 1st respondent and was being driven by Harvansh Mohan, second respondent. The injured filed a claim petition before the Tribunal alleging that the accident was the result of rash and negligent driving and claimed Rs. 2 lacs. The respondents denied the cause of accident as alleged and denied that there was any impact by the bus belonging to respondent. The Tribunal upheld the claimant's contention regarding the nature and cause of the accident and awarded compensation of Rs. 19,000/- with interest at the rate of 12 per cent per annum from the date of the petition and costs. The claimant being not satisfied with the quantum of the award has filed this appeal. Respondents have not filed appeal but have filed cross-objection.2. The...
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