Madhya Pradesh Court December 2002 Judgments
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Sameer and ors. Vs. Madhya Pradesh State Road Transport Corporation an ...
Court: Madhya Pradesh
Decided on: Dec-03-2002
Reported in: 2005ACJ283
Bhawani Singh, C.J.1. Both these appeals (Misc. Appeal No. 489 of 2000 and Misc. Appeal No. 490 of 2000) (Sameer v. Madhya Pradesh State Road Trans. Corporation) are proposed to be decided by this judgment since they arise out of the same accident and common award dated 30.8.1999 passed by the Claims Tribunal, Barwaha in Claim Case Nos, 23 and 24 of 1994.2. Accident took place on 20.12.1993 at 9.30 a.m. on Indore-Khandwa Road near village Padali when bus No. MBH 6912 owned by Madhya Pradesh State Road Transport Corporation, Ratlam Depot, driven by Nabi Noor, hit jeep No. MP 09-S 0191 in which Kundabai (mother) and Ramesh Buzruk (father) of claimants (children) were travelling. The jeep was owned by Chhotelal and insured with Oriental Insurance Co. Ltd. Allegation is that bus was being driven rashly and negligently which resulted in the accident and death of mother and father of claimants on the spot. Accident was reported at Police Station, Balvada and case under Sections 337/304A, Ind...
Ram Kumar and ors. Vs. Sampatrao and ors.
Court: Madhya Pradesh
Decided on: Dec-03-2002
Reported in: IV(2003)ACC664
Bhawani Singh, C.J.1. This appeal is directed against the award dated 30.11.1999, passed by the Claims Tribunal, in Claim Case No. 178 of 1998.2. Shortly stated, the accident took place on 17.3.1998 at 9 p.m. on Maheshwar Road when tractor No. MP-10 9973 attached with a trolley No. MP-12 1526 owned by Sampatrao, driven by Nayan Singh and insured with Oriental Insurance Co. Ltd. hit the deceased, who was coming from opposite direction on motor cycle No. MP-10 6400. Shyamrao (deceased) died in this accident.3. Allegation is that the accident took place due to rash and negligent driving of the tractor. The deceased was a teacher drawing Rs. 9,451 per month. He was 47 years old at the time of accident. Claimants are his wife and children. They submitted that they were dependent on the deceased and on account of his death, they have been deprived of financial benefits, which were available to them. Compensation of Rs. 25,95,000 is claimed.4. Owner and driver remained absent, therefore, proc...
Shahjad Vs. Virendra Singh and ors.
Court: Madhya Pradesh
Decided on: Dec-02-2002
Reported in: III(2003)ACC562
Bhawani Singh, C.J.1. This appeal is directed against the award of Motor Accident Claims Tribunal, Badwani in Claim Case No. 102 of 1993 dated 30th Tune. 1994.2. Accident took place on 23rd January, 1990 at about 12.00 a.m. when Truck No. MKN 4625 was carrying swings (Jhulas) for a fair/At one stage, tree branches hit the claimant who was occupying place on the top of the cabin of driver. He was taken to the hospital and his eye bandaged. Thereafter he went to different doctors for treatment. The result of accident has been that he has lost eye-sight to a great extent. He claimed compensation of Rs. 1,63,000/- alleging that the accident took place due to rash and negligent driving of the truck by its driver, therefore, driver and the owner of the vehicle were jointly and severally liable to pay the compensation and since the vehicle was insured with Oriental Insurance Company Limited, the compensation is payable by it. Taking place of accident has been denied by the owner and the drive...
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