Madhya Pradesh Court February 2003 Judgments
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Madhya Pradesh State Road Trans. Corpn. Vs. Madan Kuwar and ors.
Court: Madhya Pradesh
Decided on: Feb-04-2003
Reported in: 2005ACJ1330; 2003(4)MPLJ6
Bhawani Singh, C.J.1. Through these appeals, common award of Motor Accidents Claims Tribunal, Sehore in M.C.C. Nos. 43 and 51 of 1986 dated 30.6.1992 has been challenged. Since both appeals arise out of the same accident, they are being decided by this order.2. Accident took place on 29.9.1983 on Indore-Jabalpur Road between two buses bearing registration Nos. MPB 6746 and CPO 9076, owned by the appellant. As a result of collision between the two buses due to rash and negligent driving on the part of drivers thereof, Narendra Kumar (31) died while Rameshwar Chouhan sustained injuries. The appellant and drivers denied allegations of rash and negligent driving. The Claims Tribunal framed issues and tried all the cases jointly. For the death of Narendra Kumar, compensation of Rs. 2,00,000 has been awarded and for injuries suffered by Rameshwar Chouhan, compensation amount of Rs. 25,000 has been awarded.3. Mr. P.K. Mishra, learned counsel for the appellant has challenged the award submitti...
Lalu Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-03-2003
Reported in: 2003CriLJ1992; 2003(2)MPHT345; 2003(1)MPLJ606
S.L. Kochar, J.1. The unsuccessful appellant Lalu, dissatisfied with the judgment dated 16-1-1995 rendered by the Additional Sessions Judge, Barwaha in Sessions Trial No. 300/94, thereby convicting the appellant for the offence punishable under Section 302 of the Indian Penal Code and sentencing him to imprisonment for life and fine of Rs. 1,000/-. In default of payment of fine, he was directed to suffer additional R.I. for six months, has preferred this appeal.2. The case of the prosecution in nut-shell before the Trial Court was that on 7-8-1994 at about 7.15 PM, deceased Ditya alongwith his wife Dashribai (P.W. 1), Bholu (P.W. 2), Gangaram (P.W. 4) and Dhannalal were sitting at his house. At that juncture, accused/appellant Lalu came over there and asked Ditya as to why he was calling his wife a witch (Dakan), Ditya told that it was a matter between women-folk. Thereafter, accused/appellant Lalu took out a knife and inflicted knife blows on the deceased. Dhannalal and Bholu tried to...
Ashok Kumar and ors. Vs. Arvind Kumar and ors.
Court: Madhya Pradesh
Decided on: Feb-03-2003
Reported in: II(2004)ACC154; 2004ACJ109; 2003(3)MPHT96
ORDERBhawani Singh, C.J.1. Through this appeal, award of Motor Accidents Claims Tribunal, Mandla in Claim Case No. 36 of 1998 dated January 18, 1999 has been challenged. 2. Briefly stated, appellants arc parents and brother and sisters of Rajesh Kumar Kuchwaha (21) who died in the motor accident on February 22, 1995 when Truck No. CPK 7955 driven by Anand Kumar Patel, owned by Arvind Kumar and insured with National Insurance Company Limited, hit truck No. MPQ 6636 which was being repaired by the deceased at the relevant time. Allegation is that the accident took place due to the negligence of driver of Truck No. CPK 7955. Deceased was earning Rs. 2000/- per month by way of salary and Rs. 1000/- as Mechanic with Hind Motor Garage, Mandla. As a result of this accident, the truck he was repairing fell on him resulting in serious injuries on feet, thigh, waist, knees, buttock and chest. He was taken to hospital for treatment but he died on the way. Compensation of Rs. 17,60,000/- is claime...
Smt. Munni Bai and ors. Vs. Sardar Man Mohan Singh Hora and ors.
Court: Madhya Pradesh
Decided on: Feb-03-2003
Reported in: 2005ACJ780; 2003(3)MPHT71; 2003(4)MPLJ10
ORDERBhawani Singh, C.J. 1. Through this appeal, award of Claims Tribunal, Jabalpur in M.V.C. No. 103 of 1997, dated August 28, 1999 has been challenged. 2. Shortly stated, accident occurred on 6-4-1997 at Tripuri Chowk, Garha Road, Jabalpur. When Nanheveer Sahu, deceased, was going on his bicycle to attend his work, Truck No. M.K.M. 1935 driven rashly and negligently dashed with the bicycle of the deceased from behind. As a result, deceased suffered injuries in the head and other parts of the body. He died on the spot. Deceased Nanheveer Sahu was 35 years old. He was raj-mistri (Skilled Mason) earning Rs. 150/- per day. Claimants are dependents of the deceased, therefore, they claimed compensation of Rs. 13,10,000/-.3. Driver of vehicle has been proceeded ex parte. Owner of vehicle states that the vehicle was being driven by Ramakant at the relevant time. Accident occurred due to negligence of the deceased. Insurance Company states that it was not informed about the taking place of ac...
Munni Bai Sahu and ors. Vs. Man Mohan Singh Hora and ors.
Court: Madhya Pradesh
Decided on: Feb-03-2003
Reported in: IV(2005)ACC413
Bhawani Singh, C.J.1. Through this appeal, award of Motor Accident Claims Tribunal, Jabalpur in M.V.C. No. 103 of 1997 dated 28.8.1999 has been challenged.2. Shortly stated, accident occurred on 6.4.1997 at Tripuri Chowk, Garha Road, Jabalpur when Nanheveer Sahu, deceased, was going on his bicycle to attend his work, truck No. MKM 1935 driven rashly and negligently dashed with the bicycle of the deceased from behind. As a result, deceased suffered injuries in the head and other parts of the body. He died on the spot. The deceased Nanheveer Sahu was 35 years old. He was a raj-mistri (skilled mason) and earning Rs. 150 per day. The claimants are dependants of the deceased, therefore, they claimed compensation of Rs. 13,10,000.3. Driver of vehicle has been proceeded ex parte. Owner of vehicle states that the vehicle was being driven by Ramakant at the relevant time. Accident occurred due to negligence of the deceased. Insurance Company states that it was not informed about the taking plac...
Neena Bajaj and ors. Vs. Uttam Lakh and ors.
Court: Madhya Pradesh
Decided on: Feb-03-2003
Reported in: I(2006)ACC334; 2005ACJ1925
Bhawani Singh, C.J.1. This appeal is directed against the award of Motor Accidents Claims Tribunal, Satna, in Claim Case No. 241 of 1995, dated 20.1.1996.2. Shortly stated, Sunil Bajaj (deceased) along with Kailash Sharma and Ashish Thakur came to Satna in jeep bearing registration No. MP 21-6548, on 25.2.1994. Driver Uttam Lakh drove jeep rashly and negligently and turned it abruptly on curve, as a result it turned turtle. The deceased suffered serious injuries, taken to District Hospital for treatment, but he died. Matter was reported at Police Station, Satna and the vehicle subjected to mechanical examination. Later, criminal case was initiated against the driver. At the time of accident, the deceased was 33 years old. He was working in Saravgi Mahavidyalya, Katni, as Assistant Professor, receiving salary of Rs. 3,300 per month. Accordingly, claim for compensation has been made by the legal heirs.3. The respondents allege that the accident took place due to mechanical fault, therefo...
Dinesh Vs. Rajendra and 2 ors.
Court: Madhya Pradesh
Decided on: Feb-03-2003
Reported in: III(2003)ACC430
ORDERA.K. Gohil, J.1. This appeal is directed under Section 173 of the Motor Vehicles Act for enhancement of compensation against the Award dated 8th September, 1997 passed in Claim Case No. 145/1997 by the Third Additional Motor Accident Claims Tribunal, Dhar.2. The brief facts of the case are that on 3.4.1995 appellant Dinesh was working as a Hammal on Tata Truck No. MP-11-A/4147. The said truck was going from Dhamnod to Sehore. The said truck was owned by respondent No. 1 Rajendra s/o Omprakash Patidar and being driven by respondent No. 2 Manoj @ Gullu s/o Onkarlal Deshwali and was insured with Respondent No. 3 United India Insurance Company. The said track was driven by respondent No. 2 rashly and negligently and hit the another truck bearing registration number MBD-8530, which was standing on the left side of the road near Borwali Chowki, Sonkutch, District Dewas. As a result of this accident, appellant received fracture in both the legs and also received injuries in head and his ...
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