Madhya Pradesh Court September 2000 Judgments
New India Assurance Co. Ltd. Vs. Phoolan Bai and ors.
Court: Madhya Pradesh
Decided on: Sep-30-2000
Reported in: 2002ACJ1691; 2001(3)MPLJ194
V.K. Agarwal, J.1. These misc. appeals arise out of common award dated 29.11.99 in Claim Case Nos. 1, 2, 3 and 4 of 1995 and Claim Case No. 65 of 1996; by First Additional Motor Accidents Claims Tribunal, Betul. In all the aforesaid appeals, preferred by the insurer-appellant, the claimants-respondents have filed cross-objections under Order 41, Rule 22 of the Code of Civil Procedure, 1908, claiming enhancement of the awarded amount. Particulars of the misc. appeals and cross-objections are as below:__________________________________________________________S. No. Claim Misc. Appeal Cross-objectionCase No. No. M(C)P No.___________________________________________________________(1) 1 of 1995 438 of 2000 103 of 2000(2) 2 of 1995 436 of 2000 101 of 2000(3) 3 of 1995 440 of 2000 102 of 2000(4) 4 of 1995 437 of 2000 106 of 2000(5) 65 of 1996 439 of 2000 100 of 2000____________________________________________________________It may be noted that Claim Case No. 1 of 1995 relating to M.A. No. 43...
Tag this Judgment!Malti Bai and ors. Vs. Ramadhar Singh and ors.
Court: Madhya Pradesh
Decided on: Sep-30-2000
Reported in: 2002ACJ1623
Arun Mishra, J.1. This order shall also govern the disposal of Civil Revision No. 2057 of 1999.2. The insurer and the claimants have both come to this court. The claimants have filed the instant M.A. No. 885 of 1999 and the insurer has filed Civil Revision No. 2057 of 1999 against the same award. The claimants' prayer is for enhancement. Insurer submits in the revision that claim was hopelessly barred by limitation and it ought not to have been entertained by the Claims Tribunal, hence revision be allowed and the award set aside.3. Before adverting to the legal questions involved, the facts relevant for deciding the present appeal/revision be stated: One Babulal Kewat died in an accident occurred on 9.10.1990. The claim petition was preferred by the widow and three minor children of the deceased besides Janmati, his mother. Babulal was going in jeep No. MBL 7683 to Bilaspur. When the jeep reached near Nariyara turning, truck No. MBL 6130, driven by Chhotelal in a rash and negligent man...
Tag this Judgment!Sabir Vs. Ramesh
Court: Madhya Pradesh
Decided on: Sep-30-2000
Reported in: II(2001)ACC102
A.K. Gohil, J.1. Heard on the question of admission. This matter is finally heard with the consent of the parties.2. The appellant Sabirkhan has preferred this appeal under Section 173 of the Motor Vehicles Act for enhancement of compensation. As per the findings recorded by the Claims Tribunal Sabirkhan was working as helper on the MPSRTC bus and plied the said bus unauthorisedly on highway at midnight and dashed with the truck. As per the findings recorded in para 11 appellant Sabirkhan was solely responsible for causing the accident but the Tribunal has granted Rs. 30,000/- and thereafter on the principle of contributory negligence awarded Rs. 15,102/- to the applicant.3. Looking to the evidence and the facts and circumstances on record this is not a fit case for enhancement of compensation to the applicant because the accident took place due to the negligence of appellant Sabirkhan himself, therefore, the Tribunal has rightly concluded the matter that the applicant is only entitled...
Tag this Judgment!Bhawarlal Vs. Devi Ahilya Vishwavidhyalay, Indore and Others
Court: Madhya Pradesh
Decided on: Sep-29-2000
Reported in: 2001(1)MPHT88
ORDERJ.G. Chitre, J. 1. Heard. Shri Bohra submitted that the petitioner was acquitted in the prosecution which was launched against him in context with leaking of Examination-papers. He submitted that the same witnesses have been examined in the D.E. but even then the respondents have stopped two increments of the petitioner and that has resulted into injustice and, therefore, this Court be pleased to issue the writ of mandamus by seating aside the said order and directing the respondents to give the said two increments which have been stopped. In support of his submission, he read out the opinion which has been given to D.A.V. Vidhyalaya by its legal advisor. The said opinion indicates thatthe rules in respect of the condonation of delay in preferring the appeal against such order of punishment needed a proper interpretation and, therefore, Kuladhipati of Vishwavidhyalaya needed to be requested for giving proper interpretation of the rules in that context.2. Shri Bagadia submitted tha...
Tag this Judgment!Bimal Kumar Gupta Vs. Special Police Establishment Lokayukt
Court: Madhya Pradesh
Decided on: Sep-29-2000
Reported in: 2001(1)MPHT330
S.B. Sakrikar, J. 1. Accused-appellant has directed this appeal against the judgment dated 25th January, 1996 rendered by Special Judge and 1st Addl. Sessions Judge Ujjain in Special Case No. 11/93, thereby convicted the appellant for the offence punishable under Sections 5(1)(d) read with Section 5(2) of the Prevention of Corruptions Act, 1947 and also under Section 161, IPC and he was sentenced to undergo two years RI, Rs. 2,000/- fine and one year RI, Rs. 1,000/- fine under each count. In default of payment of fine he is further directed to undergo one year simple imprisonment and six months simple imprisonment respectively. All the sentences passed against the appellant are directed to run concurrently.2. As per case of the prosecution, the appellant between 5-9-86 to 10-9-1986 working as Assistant Engineer in the Office of the M.P. ElectricityBoard at Tarana as Public Servant, demanded Rs. 1,500/- as bribe for installation of Electricity connection on the well situated in the agri...
Tag this Judgment!Sunil and Another Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Sep-29-2000
Reported in: 2001CriLJ1862; 2001(2)MPHT102
ORDERS.C. Pandey, J. 1. With the consent of learned counsel for the parties, this revision is being heard and disposed of finally.2. This revision is directed against the order dated 29-8-2000 passed by Ist Additional Sessions Judge, Chhatarpur while deciding the Bail Application Nos. 1042 and 1056 of 2000.3. A charge-sheet has been filed against the applicants under Sections 302, 307, 323 and 506 Part-II read with Section 34 of the Indian Penal Code and also under Section 25B of the Arms Act as per Crime No. 54/2000 by Police Station, Chandla, District Chhatarpur.4. It appears that the case of the applicants is that they are juveniles as they are below 16 years of age. This plea was taken during the decision of the bail applications aforesaid. The learned Additional Sessions Judge, who is trying the case, had observed that the learned Sessions Judge had earlier directed that there should be an enquiry regarding age of the applicants. The learned Additional Sessions Judge was of the vi...
Tag this Judgment!Chhotibai Vs. Doma Singh and ors.
Court: Madhya Pradesh
Decided on: Sep-29-2000
Reported in: 2002ACJ2048; 2001(2)MPLJ10
Bhawani Singh, C.J.1. This appeal is directed against the award of the Motor Accidents Claims Tribunal, Multai, in M.C.C. No. 22 of 1996, dated 24.4.1998.2. Jasoda (deceased) died in the motor accident on 4.6.1989. She was 20 years old at the time of accident and earning Rs. 1,500 per month. Allegation is that the accident took place due to rash and negligent driving of the tractor-trolley, otherwise the accident would not have taken place. Claimant is mother of the deceased.3. The insurance company took the defence that the tractor could be used for agricultural purposes, but it was being used for non-agricultural purposes and the driver did not possess valid driving licence, thereby committing breach of the conditions of the policy. All these defences have been rejected by learned Tribunal which has awarded compensation of Rs. 50,000 carrying interest at the rate of 12 per cent per annum from the date of application till payment. Claimant, not satisfied with this award, has filed thi...
Tag this Judgment!United India Insurance Company Vs. Smt. Vimla Bai and ors.
Court: Madhya Pradesh
Decided on: Sep-28-2000
Reported in: 2000(4)MPHT429
ORDERBhawani Singh, C.J.1. This appeal is directed against the award dated 6-2-1996 of the Motor Accidents Claims Tribunal, Jabalpur in Motor Vehicle Case No. 49 of 1995.2. Accident took place on 5-6-1990 at 9.00 p.m. when Tempo No. U.R.Q. 1425 coming from Barela side at high speed committed the accident resulting in the death of deceased Kaloo Singh Yadav, whose legal heirs are the claimants in this case. Allegation is that accident took place due to rash and negligent driving of the vehicle by the driver, otherwise it could not have taken place. The case has been opposed by the other side. The Insurance Company alleges that it was not informed about the accident. Driver did not possess driving licence. Vehicle (Tempo) could not be used for transport for passengers without endorsement from the Regional Transport Authority. Therefore, the Insurance Company is not liable to pay the compensation.3. The Tribunal has accepted the taking place of the accident as alleged by the claimants and...
Tag this Judgment!Shri Digambar JaIn Atishaya Kshetra Thuwanji Trust Vs. Mintulal and 3 ...
Court: Madhya Pradesh
Decided on: Sep-28-2000
Reported in: 2001(5)MPHT322
ORDERFakhruddin, J.1. This revision petition is directed against the order dt. 27-6-98 passed by the Additional Judge to the Court of District Judge, Mungaoli, District Guna in M.A. No. 16/97, reversing the order dated 31-1-97 passed by Civil Judge Class-II, Chanderi, in Civil Suit No. 25-A/96, whereby the application filed under Order 39 Rules 1 and 2, C.P.C. was dismissed by the Trial Court.2. Briefly stated facts are that respondent Nos. 1, 2 and 3 filed suit for declaration and permanent injunction against the State and the applicant on the ground that Naib-Tehsildar, Chanderi had granted patta in favour of plaintiffs on 20-6-1978. The applicant-Trust preferred an appeal before the Sub-Divisional Officer, Mungaoli, which was registered as Case No. 10/78-79 and dismissed on 15-5-1979. Against the order of dismissal passed by the Sub-Divisional Officer, the applicant-Trust preferred a revision before the Additional Commissioner, Gwalior, which was registered as Revision No. 251/78-79...
Tag this Judgment!United India Insurance Co. Ltd. Vs. Vimla Bai and ors.
Court: Madhya Pradesh
Decided on: Sep-28-2000
Reported in: 2002ACJ854
Bhawani Singh, C.J.1. This appeal is directed against the award dated 6.2.1996 of the Motor Accidents Claims Tribunal, Jabalpur in Motor Vehicle Case No. 49 of 1995.2. Accident took place on 5.6.1990 at 9 p.m. when Tempo No. URQ 1425 coming from Barela side at high speed committed the accident resulting in the death of deceased Kaloo Singh Yadav, whose legal heirs are the claimants in this case. Allegation is that accident took place due to rash and negligent driving of the vehicle by the driver, otherwise it could not have taken place. The case has been opposed by the other side. The insurance company alleges that it was not informed about the accident. Driver did not possess driving licence. Vehicle (Tempo) could not be used for transport of passengers without endorsement from the Regional Transport Authority. Therefore, the insurance company is not liable to pay the compensation.3. The Tribunal has accepted the taking place of the accident as alleged by the claimants and has come to...
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