Madhya Pradesh Court January 2005 Judgments
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Ku. Priya Thakur and ors. Vs. Ghatge Patil Transport Ltd. and ors.
Court: Madhya Pradesh
Decided on: Jan-14-2005
Reported in: 3(2005)ACC471
ORDERS.K. Seth, J.1. Mr. S. Abhayankar, learned Counsel for the petitioners.2. None for the respondent Nos.1 and 2.3. Mr. S.V. Dandawate, learned Counsel for the respondent No. 3.4. Mr. C.P. Singh, learned Counsel for the respondent No. 4.5. Mr. Dandawate assured the Court that he would file the Vakalatmama on behalf of respondent No. 3 within a week. Mr. Abhayankar, learned Counsel appearing for the petitioners submitted that respondent Nos. 1 and 2 were ex parte before the Claims Tribunal.6. With consent, arguments heard.7. The present writ petition under Article 227 of the Constitution of India is directed against the proceedings dated 2.11.2004 recorded by XXth Additional Motor Accident Claims Tribunal, Indore in Claim Case No. 25/04. By the order impugned, learned M.A.C.T. refused to grant adjournment to the petitioners and closed their right to lead evidence. Petitioners are claimants before the learned M.A.C.T. On 2.11.2004, the examination-in-chief of affidavit of the petitione...
M.P. Audhyogik Kendra Vikas Nigam Vs. Abrar Construction Company and o ...
Court: Madhya Pradesh
Decided on: Jan-13-2005
Reported in: 2005(2)MPHT172
ORDERDipak Misra, J.1. The grievance of the present petitioner, revisionist, the M.P. Audhyogik Kendra Vikas Nigam (in short 'the Nigam') is that for no fault of it, the M.P. Arbitration Tribunal (in short 'the Tribunal') in Reference Case No. 15 of 1999 filed by the claimant, respondent No. 1, has saddled the liability making the petitioner, Nigam as well as the State jointly and severally liable to pay a sum of Rs. 45,482/- and interest of Rs. 6367/- with a further postulate to pay 12% interest on Rs. 45,482/- from the date of presentation of reference petition that is 2-2-1990 till realisation. In addition, cost of Rs. 600/- and Counsel fee of Rs. 2000/- have also been awarded.2. Sans unnecessary details, what is requisite to be stated is that the claimant had taken a contract for construction of 80 ft. wide bound metal road in the Industrial Area, Mandideep. On execution of Agreement No. 33/1984-85, the Nigam deducted Rs. 5000/- from the running bill and Rs. 42,800/- from the final...
Naresh and Co. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jan-12-2005
Reported in: 2005(2)ARBLR21(MP); 2005(2)MPHT297; 2005(1)MPLJ604
Dipak Misra, J 1. In this civil revision preferred under Section 19 of M.P. Madhyastham Adhikaran Adhiniyam, 1983 (for brevity, 'the Act') the petitioner has called in question the warrantableness of the order passed by M.P. Arbitration Tribunal (in short, 'the tribunal') in Reference Case No. 254 of 1991 on 04.05.1995 whereby the tribunal has expressed the view that part of the claim put forth before the tribunal was barred by limitation.2. The facts that have given rise to the present revision are that the petitioner was awarded earth work in respect of Project Work of Right Bank, Main Canal of Kolar Project and petitioner completed the work in question on 30th October, 1986. The final bill was prepared by the respondents and certain amount was paid to the petitioner.3. The grievance of the petitioner was that cost of earth work, actual lead and lift and escalation while doing earth work, actual lead and escalation was not paid by the respondents. The petitioner entered into communic...
Smt. Rampyaribai Vansh Vs. Western Coalfields Ltd. and ors.
Court: Madhya Pradesh
Decided on: Jan-12-2005
Reported in: 2005(3)MPHT163
ORDERDipak Misra, J.1.The petitioner who was working as an 'Aaya' in Area Hospital, Pathakheda run by the Western Coalfields Limited suffered from various ailment as a consequence of which in the year 1997 she applied for retirement on medical ground. Her prayer was conceded to and she was extended the benefit of retirement on medical ground with effect from 29-8-1997. At the time of retirement she applied for compassionate appointment in the Western Coalfields Limited in respect of her son, Dwarka Prasad, who is a physically handicapped, as one of his legs has been amputated after accident. It is setforth that the said Dwarka Prasad is handicapped by 60% and he is totally dependant on the petitioner.2. According to the writ petitioner as per the Sixth National Coal Wage Agreement that had come into effect from 1-7-1996 one of the dependants of an employee of the Company is entitled for compassionate appointment, keeping in view the conception of social security. A reference has been m...
National Insurance Co. Ltd. Vs. Mannibai and ors.
Court: Madhya Pradesh
Decided on: Jan-12-2005
Reported in: 2006ACJ115
N.K. Mody, J.1. This order will also govern M.A. Nos. 36, 37, 38, 39, 41 and 42 of 2001. Being aggrieved by the award dated 31.7.2000 passed in Claim Case No. 6 of 1991 by 1st M.A.C.T., Katni, whereby the award has been granted in favour of the claimants, the present appeal has been filed by appellant insurance company.2. Short facts of the case are that the appellant filed this appeal on the ground that on the date of accident, i.e., 14.12.1990, 12 passengers were travelling in the offending truck which was in violation of Rule 111 of the Motor Vehicles Rules, 1974 (which shall be referred hereinafter as 'the Rules'). It was further challenged on the ground that driver, respondent No. 3, was having a fake driving licence.3. Learned counsel for the appellant Mr. S.K. Rao submits that while holding the appellant responsible for the awarded amount, learned Tribunal has committed error in holding that the documentary evidence produced by the appellant insurance company to prove the licenc...
C.K. Asati Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Jan-11-2005
Reported in: AIR2005MP96; III(2005)BC287; 2005(1)MPHT475; 2005(1)MPLJ573
ORDERS.K. Seth, J. 1. This order shall also govern the disposal of W.P. Nos. 1433/2004, 1558/2004 and 1559/2004 as the common question of law and facts involved in all the cases. For the sake of convenience, the facts of W.P. No. 1432/2004 may be noticed.2. Petitioner is aggrieved by the communication dated 10-11-2004 issued by the respondent No. 3 - Executive Engineer, C.P.W.D., Indore Central Division No. 1, Indore whereby the application submitted by the petitioner for issuance of tender documents was rejected.3. The facts lie in narrow compass. One Smt. Chandrakala Asati was running a proprietary concern. She was a registered civil contractor. Later on, Smt. Chandrakala Asati and 4 other persons formed a partnership firm in the name and style of M/s. C.K. Asati. This aforesaid partnership firm was duly registered by the Registrar of Firms & Societies. The respondents floated a NIT which is available on record as Annexure P-2. One of the condition mentioned in the NIT was as under :...
Suraj and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-11-2005
Reported in: 2005CriLJ1849
A.K. Shrivastava, J.1. By this appeal, the appellants have challenged their judgment of conviction and order of sentence passed by trial Court.2. In brief, the case of prosecution is that on 13-6-1990 in the evening at 7.00 accused persons namely Suraj, Bablu, Ramesh, Bhura and Gopal pacified one Gulab at his house that he should not keep any relation with Ramdayal because accused persons were having inimical relations with said Ramdayal, however, when Gulab did not accept the request of accused persons and told them that he is having good relation with Ramdayal, at that juncture, accused persons Suraj, Bablu, Ramesh, Matru and Gopal gave blows of fists and kicks to him, he was also assaulted by lathi. These persons refrained Gulab who was going to lodge report. On the same day, during night hours, when Gulab, his mother Bhuri Bai, brother Bhagwandas and Tarwar alias Nanha (hereinafter referred to as the deceased) were sleeping, at that juncture, accused Suraj having 'Baka', Bablu with...
Karansingh and anr. Vs. Sitaram and ors.
Court: Madhya Pradesh
Decided on: Jan-11-2005
Reported in: AIR2005MP145; 2005(2)MPLJ577
S.K. Gangele, J.1. THIS is the plaintiffs second appeal against the judgment and decree passed by III Additional Judge to the Court of District Judge, Shajapur in civil appeal No. 13-A 1982 dated 5-7-1989 affirming the judgment and decree passed by Civil Judge, Class-II, Susner in civil suit No. 134-A 1979 dated 10-12-1981 dismissing the suit of the plaintiffs.2. The appeal was admitted vide order dated 9-3-1990 on following substantial questions of law :-1. 'That, the learned Judge has erred in not approaching the question about the fact of marriage between Sitaram and Sardarbai from the correct standpoint, erred in not drawing legal inference; and presumptions arising from proved facts.'2 'It be held that Sitaram and Sardarbai was validly married what is the effect on paternity of the plaintiff-appellant?'3 'Whether the procedure of examining defendant as Court witness adopted by the trial Court is erroneous and causes prejudice to the appellant?'3. Plaintiffs filed civil suit mentio...
Oriental Insurance Co. Ltd. Vs. Siyaram and ors.
Court: Madhya Pradesh
Decided on: Jan-11-2005
Reported in: I(2006)ACC552; 2006ACJ912; 2005(3)MPLJ10
S.S. Jha and A.K. Gohil, JJ. 1. This appeal is filed by insurance company praying therein that the insurance company is not liable to indemnify the owner of the vehicle under Section 147 of the Motor Vehicles Act. No other finding recorded by Claims Tribunal is challenged in this appeal.2. Counsel for appellant submitted that deceased Rakesh was travelling in a goods vehicle and, therefore, insurance company is not liable to indemnify the owner of the vehicle.3. On the other hand, counsel for the respondents-claimants submitted that the deceased was travelling with his goods in the vehicle, therefore, insurance company is bound to indemnify the owner of the vehicle. Both the counsel relied upon the judgment in the case of New India Assurance Co. Ltd. v. Asha Rani : AIR2003SC607 and counsel for respondents submitted that since the deceased was travelling with his goods in the vehicle, the insurance company is liable to indemnify the owner of the vehicle. However, both the counsel agreed...
Pahari Lal and ors. Vs. Mahesh Ram and ors.
Court: Madhya Pradesh
Decided on: Jan-11-2005
Reported in: II(2006)ACC80; 2006ACJ1853; 2005(3)MPLJ523
N.K. Mody, J.1. Being aggrieved by the award dated 23.12.1994, passed in Claim Case No. 1 of 1993 by the Second Addl. M.A.C.T., Mandla, whereby an award of Rs. 72,000 along with interest at the rate of 12 per cent per annum has been awarded, the present appeal has been filed by the claimants for enhancement.2. Short facts of the case are that the appellants-claimants filed a claim case alleging that deceased Dumare Bai was the wife of appellant No. 1 and mother of rest of the appellants. It was alleged that the deceased Dumare Bai was employed on the said truck bearing registration No. MPJ 4596. While she was sitting in the truck, at that time she slept and fell down. The accident took place on 8.12.1992. The offending vehicle was driven by the respondent No. 1, owned by the respondent No. 2 and insured with respondent No. 3 at the relevant time. It was also alleged that because of rash and negligent driving of respondent No. 1, she died. A criminal case was registered at Crime No. 290...
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