Madhya Pradesh Court February 2000 Judgments
New India Assurance Co. Ltd. Vs. Inder Singh and anr.
Court: Madhya Pradesh
Decided on: Feb-23-2000
Reported in: 2000(3)MPHT397; 2000(3)MPLJ121
ORDERA.K. Mishra, J.1. Appellant-New India Insurance Co., has filed this appeal challenging the award dated 27-7-93 passed by the learned Claims Tribunal, Jashpur Nagar arising out of accident which took place on 1-3-91. In the said accident, Gurmeet Singh, the driver of the truck bearing registration No. MIT 9011, died due to fall of the truck in a nullah. Deceased Gurmeet Singh was aged about 26 years and was earning Rs. 1,600/- at the relevant time.2. Insurance Company in its written statement has contended that accident took place owing to the fact that deceased was heavily drunk and was himself negligent while driving the truck and as such he was not entitled to claim compensation. Total sum of compensation claimed by the appellant-claimant is for Rs. 1,40,000/-.3. Learned Tribunal has found that tyre of the front wheel of the truck got burst due to which accident had taken place. As per the report of mechanical examination of the truck the finding has been recorded by the Claims ...
Tag this Judgment!United India Insurance Co. Ltd. Vs. Goverdhan and ors.
Court: Madhya Pradesh
Decided on: Feb-23-2000
Reported in: 2001(5)MPHT327; 2001(2)MPLJ208
ORDERArun Mishra, J.1. Insurer aggrieved by an award of Rs. 1,27,000/- along with interest at the rate of 12% per annum from the date of application, in claim petition with respect to death claim of Lacchinder who died in a motor accident dated 30-12-1992, filed the instant appeal.2. The deceased was working on daily wages as watchman in the Weavers Society, Paulbel. The deceased was carrying bundle of clothes on a vehicle bearing registration No. M.P. 25/2588 from Paulbel to Jagdalpur. The vehicle met with an accident about 6 k.m. before Jagdalpur. In the incident, deceased was injured. He was admitted in the Hospital and succumbed to death same day. The Matador was owned by Sanjeev Kumar, non-applicant No. 2 and was driven by Vijay Yadav non-applicant No. 1 and was insured with United India Assurance Company. The claimants filed a claim petition for compensation of Rs. 4,23,000/-. The claimants are parents, widow and minor daughter of the deceased. The owner and driver in their joint...
Tag this Judgment!State of M.P. Vs. Jaisingh and ors.
Court: Madhya Pradesh
Decided on: Feb-22-2000
Reported in: 2000(4)MPHT267
ORDERRajeev Gupta, J.1. Appellant-State has preferred this appeal against the impugned judgment of acquittal dated 12-12-1987, passed by First Additional Sessions Judge, Sehore, in ST No. 48/85, whereby all the 4 respondents-accused persons were acquitted of the charges under Sections 148 and 307 read with Section 149, IPC.2. This incident of violence which had taken place on 8-7-1984, gave rise to the registration of two separate cases, at Police Station Ahamadpur, Distt. Sehore, at Crime Nos. 53/84 and 54/84. The case at Crime No. 53/84 was registered on the report of one Kashiram against as many as 5 persons, including the 4 respondents for the alleged commission of the offences punishable under Sections 147/148 and 307/149, IPC for causing injuries to Madan Singh, Kashiram, Dilip Singh and Karan Singh. The other case at Crime No. 54/84 was registered on the report of respondent-Jai Singh against as many as 14 persons, including Madan Singh, Kashiram, Dilip Singh and Karan Singh, fo...
Tag this Judgment!M.P. State Road Transport Corporation Vs. Rajnikant and ors.
Court: Madhya Pradesh
Decided on: Feb-22-2000
Reported in: 2000(4)MPHT445; 2000(3)MPLJ169
ORDERV.K. Agrawal, J.1. This appeal is directed against the award dated 24-12-1998, in Claim Case No. 13/94 by Addl. Motor Accidents Claims Tribunal, Korba.2. Claimants/respondent Nos. 1 and 2 herein are the parents of deceased Sukhchand Munia. It is not disputed in this appeal that Sukhchand Munia died in a motor accident on 9-2-94 on the road from Korba to Balco, by Bus No. CPW 6722 owned by the appellant and driven by respondent No. 3-Raju Jha.3. The claimants/respondent Nos. 1 and 2 filed an application under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'Act' for short), for award of compensation of Rs. 9,62,000/-. It was averred in the application that their son deceased Sukhchand Munia was going on his 'Luna' from the left side of the road, at about 7.45 P.M. in the evening. The respondent No. 3 driver Raju Jha driving Bus No. CPW 6722 rashly and negligently dashed the same with the 'Luna' being driven by the deceased. Sukhchand Munia sustained grievous...
Tag this Judgment!Pannalal Kesharwani Vs. Ram Avtar Mittal and ors.
Court: Madhya Pradesh
Decided on: Feb-22-2000
Reported in: II(2000)ACC695; 2002ACJ1097
V.K. Agarwal, J.1. This miscellaneous appeal is directed against the award dated 19.4.1990 in the Motor Accidents Claims Case No. 23 of 1986, by Motor Accidents Claims Tribunal, Sarguja District, Ambika-pur, whereby the petition of the appellant/plaintiff under Section 110-A of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act'), has been dismissed.2. The claimant filed the petition claiming compensation on the averments that on 26.4.1982 while he was returning from Sanamani Colliery to Chirmiri, he boarded a truck No. UTZ 9415 along with his luggage. The respondent No. 1 was the owner of the said truck while respondent No. 2 was the driver thereof. The said truck was admittedly insured at the relevant time by respondent No. 3. On way the truck met with an accident, due to which the claimant suffered grievous injuries on his legs, which resulted in his permanent disablement. Compensation of Rs. 75,000 was therefore claimed by the injured-claimant. The application was re...
Tag this Judgment!Geetabai Vs. Saynarayan and ors.
Court: Madhya Pradesh
Decided on: Feb-22-2000
Reported in: 2001ACJ2079
A.M. Sapre, J.1. This appeal is by the claimant against an order whereby her application for claiming interim compensation under Section 140 of the Motor Vehicles Act, 1988 is rejected by the learned member of the Tribunal on the ground that the permanent disability having not been proved as yet, in the absence of any material, no interim compensation can be awarded. It is observed that the same will be decided only after the entire evidence is recorded on merits. And hence appeal.2. In an accident occurred, the appellant has sustained the compound-comminuted fracture of metatarsal bone. This led to filing of claim petition claiming compensation for the loss. An application for claiming interim compensation as per provisions of Section 140 ibid was also made. In support of the application appellant-claimant filed 2 certificates of doctor certifying that the appellant has suffered:According to ALIMCO she is having total permanent physical impairment of 24 (twenty-four) per cent of the l...
Tag this Judgment!Mohd. Khalil and anr. Vs. Ram Prasad Pataskar and ors.
Court: Madhya Pradesh
Decided on: Feb-22-2000
Reported in: 2002ACJ472
V.K. Agrawal, J.1. This appeal is directed against the award dated 3.9.1992 in Claim Case No. 3 of 1992 by which though the appellants, owner and driver of the offending vehicle, jeep No. MP 18-1085 were saddled with liability to pay compensation, but respondent No. 3, the insurer was exonerated from its liability.2. The facts not disputed in this appeal are that in the night intervening between 28/29.4.1990, a minor boy Mahendra Kumar Pataskar, aged about 14 years, was travelling from Kotma to Shahdol along with others in the jeep No. MP 18-1085, which met with an accident near a pulia at Jamua. The minor boy Mahendra Kumar Pataskar sustained grievous injuries, which proved fatal. Claim for compensation was filed by respondent Nos. 1 and 2, the unfortunate parents of the deceased.3. The Tribunal held that the appellants, owner and driver of the said jeep were liable to pay compensation of Rs. 44,500. However, the respondent No. 3 insurer was exonerated from liability as there was brea...
Tag this Judgment!Madhya Pradesh State Road Trans. Corpn. Vs. Rajnikant and ors.
Court: Madhya Pradesh
Decided on: Feb-22-2000
Reported in: 2002ACJ268
V.K. Agrawal, J.1. This appeal is directed against the award dated 24.12.98, in Claim Case No. 13 of 1994 by Addl. Motor Accidents Claims Tribunal, Korba.2. Claimants/respondent Nos. 1 and 2 herein are the parents of deceased Sukhchand Munia. It is not disputed in this appeal that Sukhchand Munia died in a motor accident on 9.2.1994 on the road going from Korba to Balco, by bus No. CPW 6722, owned by the appellant and driven by respondent No. 3, Raju Jha.3. The claimants/respondent Nos. 1 and 2 filed an application under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'), for award of compensation of Rs. 9,62,000. It was averred in the application that their son deceased Sukhchand Munia was going on his Luna from the left side of the road, at about 7.45 p.m. in the evening. The respondent No. 3 driver Raju Jha driving the bus No. CPW 6722 rashly and negligently dashed the same against the Luna being driven by the deceased. Sukhchand Munia sustained griev...
Tag this Judgment!Madhya Pradesh State Road Trans. Corporation Vs. Rajnikant and ors.
Court: Madhya Pradesh
Decided on: Feb-22-2000
Reported in: II(2002)ACC668
V.K. Agarwal, J.1. This appeal is directed against the award dated 24.12.1998, in Claim Case No. 13 of 1994 by Addl. Motor Accident Claims Tribunal, Korba.2. Claimants/respondent Nos. 1 and 2 herein are the parents of deceased Sukhchand Munia. It is not disputed in this appeal that Sukhchand Munia died in a motor accident on 9.2.1994 on the road going from Korba to Balco, by bus No. CPW 6722, owned by the appellant and driven by respondent No. 3, Raju Jha.3. The claimants/respondent Nos. 1 and 2 filed an application under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'), for award of compensation of Rs. 9,62,000/-. It was averred in the application that their son deceased Sukhchand Munia was going on his Luna from the left side of the road, at about 7.45 p.m. in the evening. The respondent No. 3 driver Raju Jha driving the Bus No. CPW 6722 rashly and negligently dashed the same against the Luna being driven by the deceased. Sukhchand Munia sustained gr...
Tag this Judgment!Ram Ratan Dhruv Vs. Vinay Kumar Singh
Court: Madhya Pradesh
Decided on: Feb-22-2000
Reported in: 2(2000)ACC662
ORDERV.K. Agarwal, J.1. This Misc. Appeal is directed against the award dated 7.10.1999, whereby an amount of Rs. 98,338/- has been awarded against the appellant-the owner of the offending motorcycle.2. In this appeal, it has not been disputed that the claimant/respondent No. 1 Vinay Kumar Singh met with an accident on 1.4.1998 at about 1.30 p.m., near Super Market Swimming Pool, Kirandul, by motorcycle No. MP 25-A/3611 driven by the owner/appellant Ram Ratan thereof. As a result of the said accident the claimant/respondent No. 1 suffered grievous injuries. Initially he was treated at Hospital at Kirandul, and was then shifted to Apollo Hospital, Hyderabad. He remained admitted as indoor patient at Apollo Hospital from 4.4.1998 to 23.4.1998. Even thereafter he had to go to Hyderabad for follow-up treatment.3. The learned Tribunal held that the accident as above occurred on account of rash and negligent driving of the motorcycle by the appellant Ram Rattan. After considering the nature ...
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