Madhya Pradesh Court January 2003 Judgments
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Kailashibai and ors. Vs. United India Insurance Co. Ltd. and ors.
Court: Madhya Pradesh
Decided on: Jan-20-2003
Reported in: III(2003)ACC53; 2004ACJ1961
Deepak Verma and A.K. Gohil, JJ.1. Appellants-claimants have filed this appeal under Section 173 of Motor Vehicles Act, for enhancement of compensation, being aggrieved against the award dated 17.3.2001 passed by Second Additional Motor Accidents Claims Tribunal, Mandsaur, in Claim Case No. 34 of 2000.2. The brief facts of the case are that on 13.1.2000 deceased Bhanwarnath, a pedlar, was going to village Chisauli which comes under the Police Station, Babina, District Jhansi, on bicycle for selling blankets. He was on the left side of the road. One bus bearing registration No. UAI-702 which was being driven by the respondent No. 3 Mumtaz Khan came and dashed the bicyclist. On account of this dash the bicyclist came under the bus and was crushed and died on spot. The incident was reported to the Police Station, Babina and thereafter a criminal case was registered against the driver of the bus. Respondent No. 2 is the owner of the bus and the said bus was insured with respondent No. 1, i...
Ashima and ors. Vs. Hariprakash and ors.
Court: Madhya Pradesh
Decided on: Jan-20-2003
Reported in: III(2003)ACC229; 2005ACJ55
Verma and Gohil, JJ.1. This appeal is directed under section 173 of the Motor Vehicles Act, 1988 against the award dated 10.2.2000 passed by XV Addl. M.A.C.T., Indore in Claim Case No. 9 of 1999 for enhancement of compensation.2. The brief facts of the case are that on 11.9.1998 at about 4 p.m. while deceased Rajeshkumar Gupta was walking along the AB Road near Dewas Naka, opposite Gopal Weighing Centre, one truck bearing registration No. MP 09-KB 902 belonging to respondent No. 1 and was being driven rashly and negligently by the respondent No. 2 hit the deceased and he died on the spot. A report of the said accident was lodged at P.S., Lasoodiya on the same day. The claimants, wife, son and parents of the deceased, filed claim petition seeking compensation of Rs. 15,00,000. The respondent Nos. 1 and 2, despite service, remained absent and were proceeded ex pane in the trial. The respondent No. 3, insurance company, filed its reply denying the liability on the ground that respondent N...
Shambhu and anr. Vs. Daulatram and ors.
Court: Madhya Pradesh
Decided on: Jan-20-2003
Reported in: III(2003)ACC199
ORDER1. Appellants/claimants have filed this appeal under Section 173 of the Motor Vehicles Act, for enhancement of compensation being aggrieved against the Award dated 22.2.2001 passed by Second Additional Motor Accident Claims Tribunal, Mandsaur, in Claim Case No. 139/2000.2. The brief facts of the case are that on 18.5.2000 deceased Prakash Meena was travelling as a pillion rider on motor-cycle bearing registration number RJ-06/M-9451 from Kukdeshwar to Rampura. One Balbeer Singh was driving the said motor-cycle. From opposite side bus bearing registration number MP-14/K-2711 was coming which was being driven by respondent No. 1 driver Daulatram rashly and negligently and dashed the motor-cyclist. On account of the accident deceased Prakash Meena died on spot. He was taken to Kukdeshwar Government Hospital where he was examined. The matter was reported to the Police Station Kukdeshwar and criminal case was also registered. The deceased was unmarried and aged about 20 years. The fath...
Shiv Kumar and ors. Vs. Yagyabhan and ors.
Court: Madhya Pradesh
Decided on: Jan-20-2003
Reported in: 2005ACJ1067
Bhawani Singh, C.J.1. This appeal is directed against the award dated 17.1.1996 passed by the III Additional Motor Accidents Claims Tribunal, Satna, in Claim Case No. 23 of 1995.2. Accident took place during intervening night of 9/10.2.1995. Ashok Kumar Mishra (deceased) was hit by Yagyabhan (driver) due to rash and negligent driving, as a result, he died on the spot. This accident was reported at the Police Station, which registered the F.I.R. and investigated the matter. Driver was prosecuted before the trial court, before he died on 7.5.1996.3. Before the Claims Tribunal, Yagyabhan (the driver) and Ratanlal Kushwaha (owner) filed written statement admitting the accident having been caused by the offending truck. Thereafter, they were proceeded ex parte.4. The case of Oriental Insurance Co. Ltd., respondent No. 3 is that the death was under suspicious circumstances, it was not caused by the offending truck, therefore, false claim has been filed to obtain compensation. There is no all...
Oriental Insurance Co. Ltd. Vs. Dalla and ors.
Court: Madhya Pradesh
Decided on: Jan-20-2003
Reported in: II(2003)ACC332
ORDER1. Heard.The Insurance Company has filed this appeal against the award dated 9.5.2002 passed by MACT, Jhabua in Claim Case No. 81/2000 challenging the quantum of compensation.2. It was submitted by the Counsel for the appellant that the multiplier applied in this case by the Tribunal is on the higher side. The deceased was aged about 50 years and the Tribunal has applied a multiplier of 12 whereas it ought to have applied a multiplier of 11.3. Having heard the Counsels for the parties, we find that the Tribunal after discussing the age of the deceased has applied an appropriate multiplier in this case which calls for no interference by this Court in appeal, even otherwise the appellant-Insurance Company cannot challenge the award on the ground of quantum of compensation. Thus, this appeal being devoid of merit is hereby dismissed....
Sachiv, Krishi Upaj Mandi Samiti Vs. Kalyan Singh and anr.
Court: Madhya Pradesh
Decided on: Jan-17-2003
Reported in: [2003(97)FLR566]; (2003)IIILLJ338MP; 2003(2)MPHT274
ORDERA.M. Sapre, J.1. The decision rendered in this petition shall also govern disposal of other connected writ petitions being W.P. Nos. 7, 8, 9, 11, 12 and 13 of 2003, as they arise out of a common order.2. Having heard the learned Counsel for the petitioner and having perused the record of the case, I find no merit in the writ and hence, it merits dismissal in limine.3. It is a writ under Article 227 of the Constitution of India, It seeks to assail an award dated 28-10-2002, passed by Labour Court, Khandwa in Case No. 20 of 2001, whereby the Labour Court has been pleased to answer the reference made under Section 10 of the Industrial Disputes Act in favour of respondent by directing his reinstatement in service with full back wages.4. I concur with all the factual findings recorded by the Labour Court while answering the reference in respondent's favour. As observed supra, consequent upon the termination of respondent from service, an industrial reference under Section 10 of the Act...
Radheshyam Ladha Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jan-17-2003
Reported in: 2003(2)MPHT442
ORDERA.M. Sapre, J.1. Having heard the learned Counsel for the petitioner and having perused the record of the case, I find no merit in the writ and hence it merits dismissal in limine.2. What is sought to be challenged in the writ is one resolution dated 8-5-2001 (Annexure P-5) passed by the Society of which the petitioner is a share-holder. He says that such resolution ought not to have been passed and if passed the same deserves to be quashed,3. No writ lies to challenge the resolution passed by a society at the instance of one shareholder. It does not involve any statutory infraction or violation of fundamental right. Every Society has a right to pass a resolution and act on it. If any member of such society feels that resolution suffers from some defect he must resort to a remedy available in law and under the Act in which the society is formed. Writ Court is not the forum to examine the legality of the alleged resolution passed.4. Even otherwise perusal of resolution shows no inf...
Sunil Pillai Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Jan-17-2003
Reported in: 2003(2)MPHT459
ORDERDipak Misra, J.1. Invoking the extra-ordinary jurisdiction of this Court the petitioner, a member of the Bar, has prayed for issue of a appropriate writ declaring that part of Section 320 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') whereby certain persons have been exclusively authorised to compound the offence punishable under Section 494 of the Indian Penal Code (in short 'the IPC') as ultra vires.2. It is averred in the petition that the petitioner is a practising Advocate at Jabalpur. He was enrolled in the State Bar Council of Madhya Pradesh in the year 1998. It is putforth by him that he is writing a treatise on certain facets of law relating to corruption which has brought immense appreciation from various streams of society. He is amongst the persons interested in criminal law and in the dispensation of justice and hence, he has noticed that there is a lacunae in the table contained in Section 320 of the Code which has prompted him to fi...
Ankur Vidya Mandir Vs. Regional Provident Fund Commissioner and anr.
Court: Madhya Pradesh
Decided on: Jan-17-2003
Reported in: (2003)IILLJ658MP
ORDERA.M. Sapre, J.1. Petitioner seeks to challenge the order dated November 28, 2002, passed by the Regional Provident Fund Commissioner, whereby it is held that petitioner is liable to comply with the provisions of the Provident Fund Act for their institution.2. Heard Shri C.B. Patne, learned counsel for the petitioner on the question of admission.3. Having heard the learned counsel for the petitioner and having perused the record of the case, I find no case to interfere. In other words, the petition has no life.4. Petitioner is a School. In an inquiry made by the sleuths of the Provident Fund Department, in relation to petitioner School, it was noticed that it has employed 20 persons in the instifution. Accordingly the petitioner is asked by the impugned orders to comply with the requirement of the Act by contributing payment of P.F. for the employees working in the institute. By this petition, the petitioner says that they do not have 20 employees but have less than 20 and hence th...
New India Assurance Co. Ltd. Vs. Bhanumati Devi and ors.
Court: Madhya Pradesh
Decided on: Jan-17-2003
Reported in: 2005ACJ728
Bhawani Singh, C.J.1. This appeal arises out of the award passed by the Motor Accidents Claims Tribunal, Bhopal, in M.V.C. No. 293 of 1990.2. The claimants are legal heirs of Ram Vriksha. The claim petition seeks compensation of Rs. 12,00,000 on the death of Ram Vriksha, husband of Bhanumati Devi and father of four children. The accident had occurred on 1.12.1989 at 9 p.m., when Ram Vriksha going on his scooter, was hit by tractor bearing registration No. MKB 2493. He was shifted to the hospital where he died on the next day.3. Allegation is that the accident took place due to rash and negligent driving of tractor driver Abdul Rashid. Abdul Rashid and Abdul Wahid Khan submit that the deceased was dead drunk and was driving the scooter rashly and negligently. Accordingly, he hit the tractor and sustained the injuries. New India Assurance Co. Ltd. alleges that the deceased contributed to the accident. He did not possess a valid driving licence to drive the scooter. The liability of the i...
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