Madhya Pradesh Court March 2003 Judgments
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Sukkho Bai and anr. Vs. Janak Raj and anr.
Court: Madhya Pradesh
Decided on: Mar-10-2003
Reported in: 2004ACJ1054
Bhawani Singh, C.J.1. This appeal is directed against the award of Motor Accidents Claims Tribunal, Jabalpur in M.V.C. No. 57 of 1995 dated 12.1.1996.2. Shortly stated, when Gulab Kachhi (deceased) was getting down from Tempo on 8.7.1993 at about 4.30 p.m., jeep No. MUK 91 owned and driven by Janak Raj and insured with United India Insurance Co. Ltd., hit the deceased resulting in serious injuries. He was shifted to the hospital where he died on 10.7.1993.3. The allegation is that the accident took place due to rash and negligent driving of the jeep by the driver. The deceased was 50 years old with good health. He was the sole earning member of the family and was earning Rs. 60-70/- per day. He could live up to 70 years. The compensation of Rs. 3,60,000/- with interest at the rate of 18 per cent per annum has been claimed. The owner-driver states that he was not driving the jeep nor the deceased was alighting from Tempo. He was not hit by him, nor was he driving the jeep rashly and neg...
Preetam Singh and anr. Vs. Vijay Yadav and ors.
Court: Madhya Pradesh
Decided on: Mar-10-2003
Reported in: 2004ACJ1427
Bhawani Singh, C.J.1. This appeal is directed against the award of the Motor Accidents Claims Tribunal, Mandla, dated 12.5.1998 in Claim Case No. 40 of 1995.2. Shortly stated, on 9.6.1993 deceased Santosh (20) was travelling in truck bearing No. MKJ 8031. Since the truck was being driven rashly and negligently by the driver, the deceased fell from it and died. There is no dispute about taking place of accident and death of deceased, as alleged. The Claims Tribunal decided this issue in favour of the claimants rejecting the defence taken by the respondents. Compensation of Rs. 65,000 has been awarded with interest at the rate of 12 per cent per annum.3. Short question for consideration is whether the claimants have been awarded just compensation by the Claims Tribunal?4. Learned counsel for the parties heard. Record perused. Counsel for the claimants submits that the Claims Tribunal has not assessed the compensation properly, since it did not consider the relevant evidence properly. Mr....
Smt. Sukhobai and anr. Vs. Janakraj and anr.
Court: Madhya Pradesh
Decided on: Mar-10-2003
Reported in: III(2003)ACC353
Bhawani Singh, C.J.1. This appeal is directed against the award of Motor Accident Claims Tribunal, Jabalpur, M.V.C No. 57/1995 dated 12.1.1996.2. Shortly stated, when Gulab Kachhi (deceased) was getting down from the tempo on 8.7.1993 at about 4.30 p.m., jeep No. MUK 91 owned and driven by Janak Raj and insured with United India Insurance Company Ltd. hit the deceased resulting in serious injuries. He was shifted to the Hospital where he died on 10.7.1993.3. The allegation is that the accident took place due to rash and negligent driving of the jeep by the driver. The deceased was 50 years old with good health. He was the sole earning member of the family and was earning Rs. 60/70 per day. He could live up to 70 years. The compensation of Rs. 3,60,000/- with interest at the rate of 18% per annum was claimed. The owner/driver states that he was not driving the jeep nor the deceased was alighting from the tempo. He was not hit by him, nor was he driving the jeep rashly and negligently. C...
Ganpatlal Chauhan Vs. Dilip Kumar and ors.
Court: Madhya Pradesh
Decided on: Mar-07-2003
Reported in: 2003(2)MPHT214
A.M. Sapre, J.1. Appellant is the defendant/tenant. He has suffered eviction decree at the instance of plaintiff inter alia on the ground covered under Section 12(1) (f) and (c) of M.P. Accommodation Control Act from two Courts below. It is against this judgment/decree, the defendant/tenant is in second appeal under Section 100 of C.P. Code. It arises out of judgment/decree, dated 30-10-1999, passed by learned 1st Additional District Judge, Shajapur, in C.A. No. 4-A of 1998, which in turn arises out of Civil Suit No. 15-A of 1987, decided by Vth Civil Judge, Class I, Sarangpur, on 23-7-1997. It was admitted for final hearing on following substantial questions of law :--'(1) Whether the learned Judge has erred in passing a decree on the ground of Section 12 (1) (c) when the appeal has only challenged the derivative title ? (2) Whether the learned Judge has erred in confirming the judgment and decree under Section 12 (1) (f) without deciding the point of genuine need of the plaintiff and...
M.J. Exports Ltd. Vs. Kalyan Solvent Extraction Ltd.
Court: Madhya Pradesh
Decided on: Mar-07-2003
Reported in: [2004]50SCL114(MP)
A.M. Sapre, J. 1. This company petition is filed by the creditor of the respondent-company on the ground covered under Section 433(e) of the Companies Act. It is the case of petitioner that there money dues arc outstanding on the respondent-company and despite the demand made and statutory notice served as required under Section 434 of the Act on the respondent-company, the same not having been paid, the need to file this company petition under Section 433(e) of the Act i.e. on the ground of inability to pay debt has arisen.2. It is not in dispute that during pendency of this company petition, the respondent-company was declared as sick industrial company by BIFR under the provisions of the SICA and eventually the BIFR by order dated 5-12-1994 passed under Section 20(2) ibid in case No. 82 of 1991 referred the case of respondent-company to this Court for passing the winding up of Company. It was held by BIFR that the respondent-company is not a viable company, that it has lost its subs...
Depot Manager, Madhya Pradesh State Road Trans. Corpn. and ors. Vs. Sh ...
Court: Madhya Pradesh
Decided on: Mar-07-2003
Reported in: 2004ACJ1417; 2003(4)MPLJ3
Bhawani Singh, C.J.1. Through this appeal, award of Motor Accidents Claims Tribunal, Sohagpur in Claim Case No. 7 of 1993 dated 21.3.1997 has been challenged.2. Harjit Singh (18) was carrying on restaurant at Pachmarhi (Tourist Resort) under the name and style of 'Khalsa Hotel & Restaurant'. On 26.10.1992, he was going on his scooter No. 50 UTT 2269 with Mahesh Kanojiya, pillion rider, towards Forty Holiday Home, Pachmarhi. Bus No. CIW 7249 owned by the appellant M.P. State Road Transport Corporation and driven by Charan Singh came from opposite side and hit the scooter of Harjit Singh. As a result of the accident, Harjit Singh and Mahesh Kanojiya suffered injuries. They were shifted to hospital at Pachmarhi. Later Harjit Singh was shifted to Medical College Hospital, Jabalpur where he died on 27.10.1992. Allegation is that accident took place on account of rash and negligent driving of the bus by its driver otherwise it would not have happened. Report was lodged at Police Station, Pac...
Somwati and ors. Vs. Pankaj Kumar and ors.
Court: Madhya Pradesh
Decided on: Mar-07-2003
Reported in: 2005ACJ6
Bhawani Singh, C.J.1. This appeal is directed against the award of Motor Accidents Claims Tribunal, Murwara, in Claim Case No. 86 of 1992 dated 16.5.1997.2. Briefly, it may be stated that the accident took place on 14.6.1992 at about 7/8 p.m. when truck No. UP 78-B 3949, owned by Jasbir Singh, driven by Pankaj Kumar and insured with Oriental Insurance Co. Ltd., came in the grip of electric hotline of 3300 volts and the deceased fell dead. It is stated that accident is the result of rash and negligent act of the driver for having parked the vehicle at that place knowing fully well of the danger that hotline of 3300 volts was passing through it. Consequently, Rs. 11,86,000 is claimed as compensation.3. Non-claimant No. 3 denies the allegation and liability to pay the compensation. According to it, the accident took place due to rash and negligent act of the driver, the vehicle was not insured with it and the driver did not possess valid driving licence; therefore, it is not liable to pay...
Trilok Singh Vs. Kawaljeet Kaur and ors.
Court: Madhya Pradesh
Decided on: Mar-07-2003
Reported in: 2005ACJ377
Bhawani Singh, C.J.1. This appeal is directed against the award of Motor Accidents Claims Tribunal, Khandwa, in Claim Case No. 134 of 1992, dated 1.5.1993.2. The claimant sought compensation of Rs. 3,60,000 for permanent disability he suffered in the motor accident that took place on 2.2.1987. The truck No. DEG 1655 owned by Kawaljeet Kaur, driven by Dalbir Singh Bhawanlal and insured with National Insurance Co. Ltd., turned turtle when the driver hit it against the rock. As a result of this accident, claimant suffered serious leg injury. He was pulled from the accident site by the people who gathered there, was shifted to hospital at Burhanpur and thereafter to Delhi. His left leg was amputated. The accident took place due to rash and negligent driving of the truck by the driver. The claimant, at the time of accident, was sitting in the cabin.3. The owner and driver of the truck did not appear to contest the claim and, therefore, proceeded ex parte, while the insurance company denied ...
Depot Manager, M.P. State Road Transport Corporation and ors. Vs. Smt. ...
Court: Madhya Pradesh
Decided on: Mar-07-2003
Reported in: III(2003)ACC425
Bhawani Singh, C.J.1. Through this appeal, award of Motor Accident Claims Tribunal, Sohagpur in Claim Case No. 7 of 1993 dated March 21, 1997 has been challenged.2. Harjit Singh (18) was carrying on restaurant at Pachmarhi (Tourist Resort) under the name and style of 'Khalsa Hotel and Restaurant'. On October 26,1992, he was going on his scooter No. 50-UTT 2269 with Mahesh Kanojiya, pillion rider, towards Forty Holiday Home, Pachmarhi. Bus No. CIW 7249 owned by the appellant M.P. State Road Transport Corporation and driven by Sardar Charan Singh came from opposite side and hit the scooter of Harjit Singh. As a result of the accident, Harjit Singh and Mahesh Kanojiya suffered injuries. They were shifted to Hospital at Pachmarhi. Later Harjit Singh was shifted to Medical College Hospital, Jabalpur where he died on October 27, 1992. Allegation is that accident took place on account of rash and negligent driving of the bus by its driver otherwise it would not have happened. Report was lodge...
In Re: Kailash Joshi
Court: Madhya Pradesh
Decided on: Mar-06-2003
Reported in: 2003(2)MPHT75; 2003(3)MPLJ251
ORDERUma Nath Singh, J.1. This contempt has been registered as per the order of Hon'ble the Chief Justice dated 7-10-2002 for making wild and baseless allegations against then District Judge, Bhind, Shri K.K. Bhardwaj. In reply to a show-cause notice issued by the District Judge to the contemner, before referring the matter in contempt, the contemner not only repeated the allegation thrice saying that the Judge has accepted Rs. 70,000/- in bribe in a case pending before him, wherein the contemner was a party, but also made a complaint in writing to that effect to Hon'ble the Chief Justice. Though the contemner was granted repeated opportunities to file his reply, he has done so with a belated apology today only. His only explanation is that he had heard someone making this allegation against the District Judge and being an illiterate person herepeated it in writing. This appears to be only an afterthought as on earlier dates he had been seeking time to substantiate the allegation by en...
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