Madhya Pradesh Court July 1999 Judgments
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Shyam Bai and ors. Vs. Raj Bahadur and ors.
Court: Madhya Pradesh
Decided on: Jul-13-1999
Reported in: 2001ACJ408
Usha Shukla, J. 1. The claimants are the widow and minor children of Shiv Baher who died in an automobile accident on 4.1.1995. The Third Additional Motor Accidents Claims Tribunal, Satna awarded Rs. 88,000 as compensation for his death. They have filed this appeal for enhancement of compensation.2. The learned counsel for the appellants argued that Tribunal miscalculated their dependency and also went wrong in making a deduction of 1/3rd from the final amount calculated by it as their dependency including loss of consortium. The learned counsel for the respondents tried to justify the award.3. A perusal of the record shows that the deceased was aged 40 years at the time of the accident. He was a lower division clerk in the office of the Commissioner, Land Acquisition and Rehabilitation, Ban Sagar Project. His salary was Rs. 1,834 per month, as per certificate Exh. P1. He would have earned increments and promotions in due course and would have got the benefit of revision of pay from ti...
Nayankumar Vs. Smt. Karuna
Court: Madhya Pradesh
Decided on: Jul-12-1999
Reported in: II(1999)DMC769
S.B. Sakrikar, J.1. Unsuccessful appellant/petitioner has directed this appeal against the judgment dated 23rd September, 1997 rendered by IX ADJ, Indore in Hindu Marriage Case No. 50/96, thereby dismissing the petition filed by the appellant/petitioner for grant of decree of divorce against the respondent on the grounds mentioned under Section 13B of the Hindu Marriage Act, 1955 (for short 'the Act').2. The facts not in dispute are that the parties are Hindus and they are husband and wife. Their marriage was solemnized on 15.6.1994 at Indore under the Hindu Customs and Religions. The appellant and respondent after their marriage lived together at Indore as husband and wife but due to some differences, parties are living separately since 15th December, 1994. The appellant has filed petition before the Trial Court for grant of decree under Section 13B of the Act on the grounds of cruelty and adultery. The petition was contested on behalf of the respondent. Learned ADJ, on evaluating the...
Jai Dinesh Verma and ors. Vs. the State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jul-09-1999
Reported in: 2000(1)MPHT670; 2000(3)MPLJ510
ORDERC.K. Prasad, J.1. One, amongst several questions raised and falling for determination in the present writ petitions filed under Articles 226/227 of the Constitution of India is as follows :--Whether the remedy provided under Rule 12 of the M.P. Panchayat Shiksha Karmi (Recruitment and Conditions of Service) Rules, 1997 is confined to the remedy of appeal or the same extends to the remedy of revision, as provided under Section 91 of the M.P. Panchayat Raj Act, 1993 read with Rule 5 of the M.P. Panchayat (Appeal and Revision) Rules, 1995.2. Decision of the aforesaid question requires reference to the following statutory provision. Government of Madhya Pradesh in exercise of the powers conferred under Section 53 (2), Section 70 (1) read with Section 95 of the M.P. Panchayat Raj Act, 1993 framed the Madhya Pradesh Panchayat Shiksha Karmi (Recruitment and Condition of Service) Rules, 1997 (hereinafter referred to as the Recruitment Rules). Rule 12 of the Recruitment Rules provides as f...
Ramesh Kumar Shrivastava and anr. Vs. Vijay Kumar Shrivastava and anr.
Court: Madhya Pradesh
Decided on: Jul-08-1999
Reported in: I(2000)DMC371
ORDERS.C. Pandey, J. 1. They are heard. This revision is directed against the order dated 23.11.1998 in Guardians and Wards Case No. 51 /98, passed by IVth Additional District Judge, Jabalpur. The impugned order dated 23.11.1998 decides the application under Order 39, Rules 1 and 2 of the Code of Civil Procedure as well as an application for grant of interim custody of the child Amit @ Sonu Shrivastava, aged about 7 years.2. The Trial Court has rejected the application under Order 39, Rules 1 and 2 of the Code of Civil Procedure and has allowed the application under Section 12 of Guardians and Wards Act, 1890 (henceforth 'the Act'), directing the interim custody of the child Amit @ Sonu Shrivastava in favour of the non-applicants who are the father and grand-father of the child respectively. For this purpose, the Court had fixed the date for production of the child on 7.12.1998. Thereafter, by order of this Court dated 8.12.1998, passed in this revision, the operation of the impugned o...
Prema Bai Vs. Kanchhedilal
Court: Madhya Pradesh
Decided on: Jul-08-1999
Reported in: I(2000)DMC183
ORDERUsha Shukla, J.1. Applicant Prema Bai is the deserted wife of respondent Kanchhedilal. A joint petition was filed by her and her daughter Kanti for maintenance under Section 125 of the Code of Criminal Procedure alleging that the respondent had left them unprovided for, and was living in a separate house with another woman. He was admittedly an employee of the vehicle factory being Artisan Grade A, and had sufficient means to maintain them.2. This petition was filed in September, 1993. It was opposed by the husband who repeatedly averred that both the applicants were women of loose character and that he was living away from his wife since 13.11.1993 in a rented house because he cannot live with this adulterous woman anymore. He alleged that his wife was living with his friend Sampatlal as his wife.3. The learned trial Judge disallowed the claim of the daughter as she was a married woman. As for the wife, the learned Magistrate held that she had failed to prove that she had any jus...
Capital Roadways and Finance (Pvt.) Ltd. Vs. Mohan Bai Wd/O Mehtab Sin ...
Court: Madhya Pradesh
Decided on: Jul-08-1999
Reported in: 2000ACJ503; 1999(2)MPLJ554
ORDERD.M. Dharmadhikari, J.1. The order in this appeal shall also decide the connected Miscellaneous Appeal No. 683 of 1995 (Manager, Capital Roadways & Finance Company v. Kamta Prasad and Ors.) as both the appeals arise out of same accident resulting in two deaths and in two separate claim petitions, decided separately by two awards dated 15-12-1995 passed by Shri K. K. Gupta, Member, Motor Accidents Claims Tribunal, Raisen and dated 27-4-1995 passed by Shri B. G. Yadav, 1st Additional District Judge, Raisen as Member, M.A.C.T. Raisen. In claim petition giving rise to M.A. No. 492/96 Mehtab Singh died in the motor accident for whose death the Claims Tribunal has awarded a sum of Rs. 1,20,000/- but the same has been directed to be paid only by the owner and the driver of the bus involved in the accident. In the same accident, Mishrilal also died and for his death in claim petition giving rise to M.A. No. 683/95 a sum of Rs. 1,35,000/- has been awarded out of which the owner and driver ...
Tara Chand Tarrani Alias Bebu Vs. Sunder Das and ors.
Court: Madhya Pradesh
Decided on: Jul-07-1999
Reported in: II(2000)ACC198; 2000ACJ7
D.M. Dharmadhikari and Usha Shukla, JJ.1. Heard. 2. This is an appeal by the claimant under Section 173 of the Motor Vehicles Act seeking enhancement of the quantum of compensation awarded.3. In the motor accident on 11.12.1996, the claimant suffered injury to his left leg and after medical treatment his left leg below knee was amputated.4. The Claims Tribunal, Bhopal by award passed on 9.7.1997 held that the disability arising from the amputation of leg is 60 per cent. The Tribunal awarded a total sum of Rs. 67,000 as compensation on different heads mentioned below:(1) Medical expenses Rs. 25,000(2) Expenses incurred by the relations or dependantsduring treatment Rs. 500(3) General damages for 60 per cent permanent disability Rs. 30,000(4) Expenses for milk,food, and crutches Rs. 1,500(5) For pain and suffering Rs. 10,0005. We have heard learned counsel Mr. Ashok Lalwani for the appellant and Mr. S.K. Rao for the respondent insurance company.6. After hearing the learned counsel for th...
Union of India (Uoi) and anr. Vs. Satna Stone and Lime Co. Ltd., Satna ...
Court: Madhya Pradesh
Decided on: Jul-06-1999
Reported in: AIR2000MP101
S.K. Kulshrestha, J.1. This Miscellaneous Appeal has been filed by the Union of India and the General Manager, Central Railway, Bombay, against the judgment dated 28-4-1995 passed by the learned First Additional District Judge, Satna, in Misc. Judicial Case No. 9/93, whereby the learned Addl. District Judge has rejected the objections filed by the appellants and has made the award the rule of the Court and directed a decree to be drawn accordingly. During the pendency of the arbitration proceedings, M.P. No. 1/91 was filed by M/s. Satna Stone and Lime Co. Ltd. and both the cases were, therefore, heard together and are being disposed of by this common order.2. Facts as noticed from the impugned Award dated 22-12-1992 are that the Satna Stone and Lime Company Ltd., Satna, entered into an agreement with the Government of India and General Manager, G.I.P. Railway on 23-3-1897, whereby a siding was provided to the company for clearance of their goods. This agreement was revised from time to...
Mahendra Singh Vs. Kalipat Mandal and ors.
Court: Madhya Pradesh
Decided on: Jul-06-1999
Reported in: 2001ACJ1601
S.C. Pandey, J.1. Counsel for the parties are heard. This is an appeal against the award dated 1.9.1998 passed by 1st Additional Motor Accidents Claims Tribunal, Ambi-kapur in M.V.C. No. 15 of 1989.2. The learned Claims Tribunal has found the owner of the bus No. CPL 8004 liable to pay compensation to the respondent No. 1, Kalipat Mandal. The respondent No. 3, United India Insurance Co. Ltd. has been exonerated from its liability to pay compensation jointly and severally along with the appellant and the respondent No. 2, Balkishan, the driver of the vehicle.3. In this appeal, it has been argued that the Claims Tribunal should have passed the award against the respondent No. 3 also, requiring it to pay compensation jointly and severally along with the appellant and the respondent No. 2 for the reason that the bus was insured and the policy was not produced by the respondent No. 3 in the court below. By order dated 7.5.99 this court had directed that the respondent No. 3 shall produce a ...
Gokul Singh and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-02-1999
Reported in: 2000CriLJ1283
Shambhoo Singh, J.1. This appeal is directed by the accused persons against the judgment and order dated 8-8-95 passed by IInd Additional Sessions Judge, Shajapur, in S.T. No. 242/93 whereby the appellants Gokulsingh, Bhavarlal and Babulal were convicted for the offence punishable under Section 302/34 of the IPC and sentenced to life imprisonment and to pay fine of Rupees 1.000/- each, in default of payment of fine, further six months' S.I. for having committed murder of Gokulsingh s/o Nirbhaysingh.2. The prosecution case, in brief, was that on 14-4-93 in the morning, the deceased Gokulsingh who was a practising advocate and his son Meharbansingh (P.W. 3) aged about 12 years, went to their well in village Narval, District Shajapur. The deceased went to answer call of nature in the field of Babulal Tell. All of a sudden, the appellants Gokulsingh, Bhavarlal and Babulal armed with sword, farsi and dhariya and co-accused Lalsingh s/o Heeralal with knife and Chander Singh, Mansingh, Kalusi...
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