Madhya Pradesh Court April 2003 Judgments
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M.P.S.R.T. Corporation Vs. Kumari Gudia and ors.
Court: Madhya Pradesh
Decided on: Apr-03-2003
Reported in: 2003(4)MPHT258
ORDERBhawani Singh, C.J.1. This appeal is directed against the award of Motor Accidents Claims Tribunal, Bhopal, M.C.C. No. 108 of 1993, dated 3-2-1994. 2. Claimants Kumari Gudia (8) and Pappu (7) are minor children of Motu alias Aslam (father). They claimed compensation of Rs. 3,60,000/-from the appellant (MPSRTC) on account of the death of their father in the motor accident which took place on 11/12-3-1991 at about 0.30 hrs when Bus No. MBW 1485 owned by the appellant, driven by Mohan Prasad Sharma hit the scooter CPF 4892 of the deceased with two occupants. As a result of this accident, deceased sustained grievous injuries and died in Hamidia Hospital on 12-3-1991. 3. The deceased was selling fruits, earning Rs. 2000/- per month and spared Rs. 1700/- to the family. The respondents denied the allegation stating that the bus was in standing position. With a view to overtake it and other vehicles, the deceased lost balance and dashed against the standing bus. Assuming the accident took...
State of Madhya Pradesh Vs. Smt. Farida Bano
Court: Madhya Pradesh
Decided on: Apr-03-2003
Reported in: 2003(4)MPHT295; 2003(4)MPLJ180
ORDERAjit Singh, J.1. This petition, by the State under Section 482 of the Code of Criminal Procedure, 1973 is directed against the order dated 15-7-99 passed by the VIth Additional Sessions Judge, Bhopal, in Criminal Revision No. 184/99 reversing the orders of confiscation of the truck.2. Sometime in the midnight of 3-3-97 Deputy Ranger, Incharge of the Flying Squad, on a routine patrol duty, found a truck bearing registration No. CPO 7385 unlawfully carrying 8000 pieces of green bamboos. Since he had sufficient reason to believe commission of forest offence, he seized the truck from the possession of Mohammed Saleem, who is a husband of the respondent. The truck is registered in the name of respondent but she is only a benamidar and Mohammad Saleem is the actual owner of the same and it is he who carries on the business of transport from the said truck. Forest offence POR No. 629/2002 was registered and information in that regard was sent to the Authorised Officer and also to the Jud...
Mansingh and ors. Vs. Banne and ors.
Court: Madhya Pradesh
Decided on: Apr-03-2003
Reported in: 2004ACJ1467
Bhawani Singh, C.J.1. Through this appeal, the award of the Motor Accidents Claims Tribunal, Raisen, dated 30.6.97 in Claim Case No. 21 of 1997, is challenged.2. The claimants are father and brother of deceased Awadh Narayan (22), who died in the motor accident on 21.7.1985, when jeep No. MPD 8524 hit Madhya Pradesh State Road Transport Corporation (M.P.S.R.T.C.) bus No. MPH 891. Allegation is that the jeep was being driven rashly and negligently otherwise the accident would not have taken place. The deceased left behind father, 2 brothers and Shardabai (widow). It is stated that the deceased was grain merchant earning Rs. 1,000 per month.3. The respondents state that the accident was not caused by M.P.S.R.T.C. bus, it was caused by the driver of the jeep. Accordingly, it is submitted that the claim be dismissed.4. After recording of evidence, the Claims Tribunal found that the jeep was responsible for causing the accident. However, compensation of Rs. 15,000 has been awarded on the gr...
Mahila Shanti Devi and ors. Vs. Chambal Rural Development Company and ...
Court: Madhya Pradesh
Decided on: Apr-02-2003
Reported in: I(2004)ACC240
S.S. Jha, J.1. This appeal is by claimants for enhancement of award.2. On 27th June, 1992, at about 10.00 in the night, jeep No. M.P. 07/B-724 was plying from Gwalior towards Morena. The jeep dashed against a truck which was standing by the side of road. On account of accident, Roopram, who was travelling in the jeep, died on spot. Petitioners had filed petition for claiming damages before the Third Additional Motor Accident Claims Tribunal, Morena (hereinafter referred to the 'Tribunal'). The Tribunal awarded compensation of Rs. 1,68,600/- to claimants. The Tribunal has recorded a finding that monthly income of deceased was Rs. 1,311/-. On the basis of income of Rs. 1,311/- per month the dependency was determined at Rs. 800/-, and multiplier of 16 was applied to determine the compensation.3. Counsel for appellants submitted that the Tribunal has not considered the future prospects and future increase in salary of deceased. Deceased was a Government servant and there were every chance ...
Phool Singh Vs. Pankhi and ors.
Court: Madhya Pradesh
Decided on: Apr-01-2003
Reported in: 2004ACJ843; 2003(4)MPLJ28
Bhawani Singh, C.J.1. This appeal is directed against the award of Motor Accidents Claims Tribunal, Panna in Claim Case No. 5 of 1994 dated 20.3.1997.2. Accident took place on 3.1.1993. Tractor-trolley, owned by Phool Singh, driven by Ramlal, met with accident. According to the claimants it happened due to rash and negligent driving of tractor-trolley by the driver. Tractor-trolley was carrying agricultural produce belonging to the owner. It is alleged that trolley tilted and the deceased fell into a ditch and was hit by tyre of the trolley. He died instantaneously. Compensation of Rs. 13,64,000 is claimed since family was dependent on him being the sole bread-earner.3. Insurance company alleges that the tractor-trolley was being used in violation of insurance policy since it was carrying passengers and goods of other persons. As per insurance policy it could not carry any passenger, therefore, insurance company is not liable to pay compensation. Other respondents said that the occupan...
Ochi Bai and ors. Vs. Munna Lal and ors.
Court: Madhya Pradesh
Decided on: Apr-01-2003
Reported in: 2003ACJ1811
Rajendra Menon, J.1. This appeal is for enhancement of compensation awarded by the VI Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 27 of 1993 vide award dated 29.8.1997.2. It is contended that the appellant No. 1 is mother of the deceased Matadeen and appellant Nos. 2 and 3 are the dependent brother and sister of Matadeen, who was aged 22 years and died on 3.2.1993 when he was travelling in truck No. CPH 7790 from Gwalior to Guna, at about 2 in the night, a truck bearing No. CPG 7590 came from the opposite direction dashed against the truck in which Matadeen was travelling, as a result of the accident, Matadeen died on the spot. Matadeen was working in CIMCO Factory, Gwalior, he was earning Rs. 2,200 p.m. and Rs. 300 as overtime. That apart, he was being paid Rs. 4,000 as annual bonus. Accordingly, claim made was for payment of Rs. 13,42,000 as compensation.3. After considering the material that had come on record, the learned Tribunal by the impugned judgment has awarded...
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