Madhya Pradesh Court January 2003 Judgments
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Martalbai Vs. Madanlal and ors.
Court: Madhya Pradesh
Decided on: Jan-02-2003
Reported in: AIR2003MP279; 2003(3)MPHT202
K.K. Lahoti, J. 1. Plaintiff has filed present appeal challenging the judgment and decree passed by the Court below by which her suit for declaration and permanent injunction dismissed. 2. This appeal was admitted on 12-2-1992 on following substantial question of law:-- 'Whether the appellant, as the daughter of Bhuriyabai wd/o Khushilal, would be entitled to a share in the suit property and would for that reason entitled to relief from the Court ?' 3. Learned Counsel for the appellant submits that apart from this two more substantial questions of law are involved in this appeal which are as under :--- (a) Whether in absence of a counter-claim, decree for possession in favour of defendant could be passed (b) Whether plaintiff, who is in possession, is entitled decree for permanent injunction against her forcible dispossession, or she could protect her possession until evicted lawfully 4. The appellant submits that both the Courts below have found that the appellant is in possession of...
Durgesh Kumar Yadav Vs. Vimal and ors.
Court: Madhya Pradesh
Decided on: Jan-02-2003
Reported in: III(2003)ACC619; 2003ACJ1374
Bhawani Singh, C.J.1. This appeal is directed against the award of Motor Accidents Claims Tribunal, Jabalpur, in M.V.C. No. 825 of 2000, dated 21.8.2001, at the instance of the claimant seeking for enhancement of compensation and reversal of the finding as to liability to pay compensation.2. Shortly stated, it may be recorded that the accident took place on 14.6.2000 when jeep bearing registration No. CIJ 9838, in which the claimant was travelling, turned turtle due to rash and negligent driving of the driver resulting in serious injuries to the claimant. C-5 and C-6 bones of vertebrae were fractured resulting in non-function of both the lower limbs and choking of urinary system. Massive treatment could not improve his condition; he lies in bed as a disabled person and is looked after by an attendant; lakhs of rupees he has spent on treatment and compensation of Rs. 21,50,000 has been claimed holding the driver and owner jointly responsible for payment of compensation with ultimate lia...
Lalta Bai Vs. Sanjay Kharvani and anr.
Court: Madhya Pradesh
Decided on: Jan-02-2003
Reported in: 2005ACJ642
Bhawani Singh, C.J.1. This appeal is directed against the award dated 28.9.1994, passed by 2nd Additional Motor Accidents Claims Tribunal, Mandla, in M.V.C. No. 3 of 1992.2. Accident took place on 15.12.1988 in which Virandas (25) died. Allegation is that the vehicle was being driven rashly and negligently, resulting in accident and death of the deceased. Compensation of Rs. 90,000 has been awarded. Through this appeal, enhancement is sought apart from liability to pay compensation by the insurance company, which has been exonerated by the Claims Tribunal on the ground that it was not proved that the vehicle was insured with the insurance company.3. The claimant has filed the insurance policy in this court. There is no dispute with regard to the factum of vehicle being insured with Oriental Insurance Co. Ltd. Even in the absence of insurance policy, the Claims Tribunal should have held the insurance company responsible, since it failed to file written statement in the case and deny the...
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