Madhya Pradesh Court October 2001 Judgments
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Abhilasha Bai Vs. Arvind Kumar and ors.
Court: Madhya Pradesh
Decided on: Oct-05-2001
Reported in: 2003ACJ49; 2002(2)MPLJ493
Bhawani Singh, C.J.1. This appeal is directed against the award of Motor Accidents Claims Tribunal, Katni, in Claim Case No. 94 of 1990, dated 17.4.2000.2. Accident took place on 10.7.1990, at 11.30 a.m. on Katni Highway when truck No. CPK 199 hit Shiv Shanker who was moving on a cycle. As a result of the accident, Shiv Shanker died. It is stated that Shiv Shanker was 16 years old, studying in the X class. He was the only son of the claimant. The accident, it is contended, v/as the result of rash and negligent driving by the driver. Due to the death of Shiv Shanker, the claimant has undergone great pain and suffering. After coming of age, he would have become a teacher and earned Rs. 1,000 per month and the family could depend on him. In this accident, the cycle was also damaged. Thus, compensation of Rs. 5,41,800 has been claimed.3. Arvind Kumar is the driver, while Madhuri is the owner of the vehicle which was insured with Oriental Insurance Co. Ltd. Owner and driver have been procee...
Ram Narayan Sharma Vs. Ram Kumar Singh and ors.
Court: Madhya Pradesh
Decided on: Oct-04-2001
Reported in: 2002(1)MPHT201; 2002(1)MPLJ557
ORDERBhawani Singh, C.J. 1. It is inadequacy of compensation awarded by the Claims Tribunal for theinjuries suffered by the claimants and non-award of compensation for damage caused to the motor-cycle, which has been assailed through this appeal by the claimant against the award of the Motor Accidents Claims Tribunal, Rewa, in Claim Case No. 92/92, dated January 29, 1993. 2. The accident took place on 26-2-1988 when Jeep No. MBA 9962 owned by Ram Kumar Singh driven by Brijlal Yadav and insured with the Oriental Insurance Company, hit the motor-cycle resulting damage to it and injuries to the claimant. The medical evidence suggests that the claimant suffered fracture of 5th and 6th ribs apart from some other injuries to his body. The motor- cycle was also damaged. The allegation is that the accident is result of rash and negligent driving of the jeep by the driver, otherwise it would not have happened. 3. The owner and driver of the jeep did not contest the claim, therefore, proceeded e...
Jaypal Vs. Mehfooz Khan and ors.
Court: Madhya Pradesh
Decided on: Oct-04-2001
Reported in: 2002(1)MPHT203; 2002(2)MPLJ38
ORDERBhawani Singh, C.J. 1. This appeal is directed against the award passed by the Motor Accidents Claims Tribunal, Seoni, in Claim Case No. 1/97, dated 22-9-1998. 2. Accident took place on 6-9-1996 when claimant was going on his motor-cycle bearing registration No. M.O.C. 8988. When he reached near the curve of Piplawadi Chandan Bagh Road, bus bearing registration No. C.P.Q. 2113 came from opposite direction, driven rashly and negligently, hit the motor-cycle resulting in serious injury to the left foot of the claimant. The bus is owned by M/s. Hemandas and Bros., drive by Mehfooz Khan and insured with the New India Assurance Co. Ltd. Allegation is that accident occurred due to the negligence of bus driver who was driving it rashly and negligently. As a result of this accident, claimant suffered great pain and incurred expenses, engaged persons to look after him, travel for treatment, spent on medicine, special diet, etc. etc. Compensation of Rs. 5,65,613/- has been claimed. 3. The d...
Shambhu Chitra Mandir Vs. Debts Recovery Tribunal, Jabalpur and ors.
Court: Madhya Pradesh
Decided on: Oct-04-2001
Reported in: 2002(1)MPHT565
ORDERDipak Misra, J.1. Invoking the extra-ordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India the petitioner has called in question the propriety and legal validity of the order passed by the Recovery Officer of the Debts Recovery Tribunal in Transfer Execution No. 39/2000 and affirmation thereof in Appeal No. 11/2001 by the Debts Recovery Tribunal.2. It is not disputed by Mr. Kishore Shrivastava, learned counsel for the petitioners, that feeling aggrieved by the order of Recovery Officer the petitioner had preferred an appeal before the Tribunal taking recourse to Section 30 of the Recovery of Debts Due to the Banks and Financial Institutions Act, 1993 (hereinafter referred to as 'the Act'). The learned counsel impressed upon me to advert to the merits of the case. Prior to that, this Court thinks it apposite to address itself whether there is an alternative remedy or not. In this context, it is apposite to reproduce Section 30 which has been su...
Smt. Fagani and anr. Vs. Prakash and ors.
Court: Madhya Pradesh
Decided on: Oct-04-2001
Reported in: 2002(2)MPHT106; 2002(6)MPLJ1
ORDERBhawani Singh, C.J.1. This group of five appeals (Misc. Appeal No. 1054/95, Smt. Fagani and Anr. v. Prakash and Ors., Misc. Appeal No. 278/96, Natthu v. Prakash and Ors., Misc. Appeal No. 285/96, Kishan and Anr. v. Prakash and Ors.; Misc. Appeal No. 286/96, Kunji v. Prakash and Ors. and Misc. Appeal No. 287/96, Thumuru v. Prakash and Ors.) are proposed to be decided by this common order, since they arise out of the same accident with separate awards.2. Before taking up all the cases for determination of compensation, facts about taking place of accident be mentioned. The accident took place on 18-1-1993. The deceased Ratan Gond and other injured claimants were travelling by Jeep No. MP-04 J/0282 from Betul to Multai against the payment of fare of Rs. 8/- each. The driver did not control the vehicle, which turned turtle resulting in death of Ratan Gond (44) and injuries to Natthu, Kishan, Smt. Sumitra, Kunji and Thumuru. Accordingly, compensation has been claimed alleging rash and ...
Sanjay Kumar Agrawal Vs. Arjun Kumar and ors.
Court: Madhya Pradesh
Decided on: Oct-04-2001
Reported in: 2002(1)MPHT59
1. This appeal is directed against the award passed by the Motor Accident Claims Tribunal, Narsinghpur, in Claim Case No. 3/89, dated 20-1-1993.2. Accident took place on 29-6-1988 when claimant was going to the scooter of Arun Kumar as pillion rider and truck No. D.I.L. 2127, owned by Arjun Kumar driven by Habib Khan and insured with National Insurance Company Ltd., hit him. Allegation is that the accident took place due to rash and negligent driving of the truck. As a result of this accident, the claimant was dragged to some distance and suffered serious injuries. He remained in the hospital from 29-6-1988 to 4-7-1988 and in Private Nursing Home from 5-7-1988 to 29-7-1988. Claimant has claimed total compensation of Rs. 1,07,208/-, out of which Rs.15,000/- is towards loss of income from shop for six months.3. The respondents have taken the defence that claimant did not suffer any injury in this accident, as alleged. Driver of scooter and truck did not possess valid driving license for ...
National Insurance Co. Ltd. Vs. Pillu and anr.
Court: Madhya Pradesh
Decided on: Oct-04-2001
Reported in: 2003ACJ968; 2002(1)MPLJ11
V.K. Agrawal, J.1. This appeal is directed against the award dated 27.2.1991 in Claim Case No. 101 of 1990 by the Motor Accidents Claims Tribunal, Seoni, awarding compensation of Rs. 45,000 to respondent No. 1, Pillu and Rs. 2,000 to respondent No. 2, Pankhi Bai, under Section 110-A of Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act' for short).2. The petition for claim was filed by the claimant-respondent Nos. 1 and 2, in which it was averred that they were travelling on 28.8.1986 by Matador bearing registration No. CIK 9409 from village Bhauma to Seoni. It is not disputed that the said vehicle was driven by respondent No. 3, Manjoor Khan and was owned by respondent No. 4, Mohd. Arif. Appellant is admittedly the insurer of said vehicle.3. The claimants further averred that, on account of rash and negligent driving of said vehicle by respondent No. 1, the same dashed against a tree and respondent Nos. 1 and 2 sustained injuries. They averred that they were travelling as p...
Commissioner of Income-tax Vs. S.R. Construction
Court: Madhya Pradesh
Decided on: Oct-03-2001
Reported in: [2002]257ITR502(MP); 2002(2)MPLJ81
Arun Mishra, J. 1. The Commissioner of Income-tax seeks a reference under Section 256(2) of the Income-tax Act, 1961. For the assessment years 1990-91, 1991-92 and 1992-93, the assessee filed its returns which were accepted. The assessee is a firm engaged in the business of building flats and selling them. The assessee filed the returns declaring an income of Rs. 56,680, Rs. 48,716 and Rs. 84,168 for the assessment years 1990-91, 1991-92 and 1992-93. The assessee constructed 10 flats and 3 garages on a certain piece of land and declared the cost of construction at the rate of 138.80 per sq. ft.2. The Assessing Officer later on issued a notice under Section 148 for reopening the assessment. During the course of reopening of assessment, the Assessing Officer made reference to the Valuation Officer to determine the cost of construction, who submitted a report on cost of construction on November 19, 1993. The Assessing Officer on the basis of a subsequent report of the Valuation Officer, m...
Ferro Concrete Construction (i) Pvt. Ltd. Vs. Regional Provident Fund ...
Court: Madhya Pradesh
Decided on: Oct-03-2001
Reported in: [2002(93)FLR883]; (2002)ILLJ986MP; 2002(1)MPLJ116
ORDERA.M. Sapre, J.1. By filing this writ, the petitioner has challenged the order dated November 23, 2000 (Annexure P4) and other consequential orders such as order dated December 1, 2000 (Annexure P5) and order dated April 11, 2001 [Annexure P9(c)]. All these orders which are impugned in this writ are passed by Recovery Officer under Section 8F(3) of Employees' Provident Funds and Miscellaneous Provisions Act, 1952. In order to appreciate the issue involved in the writ, few facts need mention.2. Respondent No. 3 is a limited company engaged in manufacture of Cloth business. It is a factory as defined under Section 2(g) of Employees' Provident Funds And Miscellaneous Act, 1952 (for brevity hereinafter referred to as 'The Act') and hence, subjected to payment of contribution payable in respect of a Member (employee) under a Scheme framed under the Act as per the provisions of the Act at all relevant times.3. It appears that respondent No. 3 failed to contribute the contribution payable...
Cit Vs. S.R. Construction
Court: Madhya Pradesh
Decided on: Oct-03-2001
Reported in: (2002)172CTR(MP)458
Arun Mishra, J.The Commissioner seeks a reference under section 256(2) of the Income Tax Act. For the assessment years 1990-91, 1991-92 and 1992-93 assessee filed their returns which were accepted assessee is a firm engaged in the business of building flats and sells them. Assessee filed the returns declaring an income of Rs. 56,680, Rs. 48,716 and Rs. 84,168 for the assessment years 1990-91, 1991-92 and 1992-93. The assessee constructed 10 flats and 3 garages on certain piece of land and declared the cost of construction at the rate of Rs. 138.80 per sq. ft.2. The assessment officer later on issued a notice under section 148 for reopening the assessment. During the course of reopening of assessment, assessing officer made reference to the valuation officer to determine the costs of construction, who submitted a report on costs of construction on 19-11-1993. The assessing officer on the basis of subsequent report of the assessing officer, (sic) made certain additions, which on appeals ...
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