Madhya Pradesh Court November 2005 Judgments
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Jaipalsingh Vs. Rayis and ors.
Court: Madhya Pradesh
Decided on: Nov-10-2005
Reported in: I(2006)ACC132; 2006(1)MPHT341
ORDERAshok Kumar Tiwari, J.1. This appeal, under Section 173 of Motor Vehicle Act, has been filed by the appellants/claimants for enhancement of the sum awarded to them vide award dated 3-2-2001, passed by the learned Member, First Motor Accident Claims Tribunal, Kukshi District Dhar (M.P.) in Claim Case No. 20/99.2. On 9-7-98 the appellant was returning back from his school on foot, near a culvert on Itawa road, Dewas, a truck bearing registration No. MP-13/E-0778, owned by the respondent No. 2, insured with the respondent No. 3 and driven rashly and negligently by the respondent No. 1 dashed against him. Due to the forceful impact the appellant sustained severe injuries in his legs and other parts of the body including fracture in his right leg. Huge amount of money had to be spent on his treatment, yet he has suffered permanent disablement in his leg. The appellant filed a claim petition claiming Rs. 4,60,000/- to be awarded as compensation for the loss caused to him due to the inju...
Asharam and ors. Vs. Smt. Gangabai and ors.
Court: Madhya Pradesh
Decided on: Nov-10-2005
Reported in: 2006(2)MPHT195; 2006(1)MPLJ619
U.C. Maheshwari, J.1. Being aggrieved by the judgment and decree dated 5-9-1992, passed by the First Additional District Judge to the Court of District Judge, Raisen in M.J.C. No. 10/91, by which an appeal filed by the appellants/defendants was dismissed by dismissing the application filed under Section 5 of the Limitation Act for condonation of the delay in filing the appeal. Resultantly, the judgment and decree dated 3-4-1991, passed by Civil Judge, Class-II, Raisen in Civil Original Suit No. 54-A/95 has been upheld in favour of the respondent Nos. 1 and 2, appellants have preferred this appeal under Section 100, Civil Procedure Code.2. Facts giving rise to this appeal are that the predecessor of the respondent Nos. 1 and 2 has filed a Civil Suit for perpetual injunction against the present appellants and also by impleading the respondent No. 3 as formal defendant. Such suit was decreed by the Trial Court. Subsequent to it, the appeal was not preferred within the limitation the same ...
Smt. Laxmi Kushwah Vs. Mohan Kushwah
Court: Madhya Pradesh
Decided on: Nov-10-2005
Reported in: 2006(2)MPHT211
ORDERS.S. Dwivedi, J.1. The appellant has preferred this appeal under Section 19 of the Family Court Act, 1985, being aggrieved by the judgment and decree dated 5-4-2003 passed by Ku. Premlata Pradhan, Presiding Judge of the Family Court, Bhopal in Civil Suit No. 285-A of 2002 whereby the petition filed by the respondent for the decree of judicial separation under Section 13(1) of the Hindu Marriage Act, 1955 (hereinafter referred to as Act for brevity) has been decreed.2. Briefly stated the facts of the case are that parties are wife and husband, their marriage solemnized on 24-6-1993 at Bhopal as per Hindu rites and as per custom prevailing in their community, the parties lived together up till on 4-8-2001. Respondent/petitioner filed the petition under Section 13 of the Act, with the allegations that the appellant/respondent is not willing to live with the petitioner; and normally wanted to live with her parents on getting each and every opportunity she used to go to her parents hom...
Reena Vs. Mohd. Rafeeq and ors.
Court: Madhya Pradesh
Decided on: Nov-10-2005
Reported in: I(2006)ACC690; 2007ACJ769
N.K. Mody, J.1. Being aggrieved by the inadequacy of the amount awarded vide award dated 9.2.1998 passed by the Third M.A.C.T., Dewas in Claim Case No. 167 of 1997, whereby a sum of Rs. 51,000 has been awarded along with interest at the rate of 12 per cent per annum, the present appeal has been filed.2. Learned Counsel for the appellant submits that in the accident appellant who was aged seven years at the time of accident sustained injuries in her hand. It is submitted that right hand of the appellant was crushed. Appellant was hospitalised from 18.8.1994 to 27.9.1994. Break-up of amount awarded is as under:Towards medical expenses Rs. 5,000Towards expenditureincurred on attenders Rs. 5,000Towards future expectationsof life Rs. 5,000Towards future loss ofincome Rs. 36,0003. It is submitted that amount awarded is at lower side. From the medical evidence it is proved that appellant has sustained permanent disability of 48 per cent for which the medical certificate of Dr. Das is on recor...
Bherusingh Vs. K. IkramuddIn Ansari and anr.
Court: Madhya Pradesh
Decided on: Nov-10-2005
Reported in: I(2007)ACC874
N.K. Mody, J.1. This order shall also govern the disposal of MA No. 370/ 2002 as both the cases are arising out of the same accident.2. Being aggrieved by the award dated 24th November, 2001, passed by IV MACT, Dhar in Claim Case No. 17/2001 whereby the claim petition filed by the appellant has been allowed and a sum of Rs. 80,000 has been awarded along with interest @ 9% per annum and respondent No. 3 has been exonerated, the present appeal has been filed. In M.A. No. 370/2002 the award dated 24th November, 2001, passed by IV MACT, Dhar in Claim Case No. 18/2001 whereby a sum of Rs. 95,000 along with interest @6% per annum has been awarded by the learned Tribunal and the same has been challenged by the appellant.3. Short facts of the case are that an accident took place on 13th January, 1998, at about 1.00 p.m. when appellant of both cases were going on a tractor bearing registration No. MP-11-A/4422 which was being driven by the respondent No. 5, owned by the deceased Gobaji and was ...
Deobala and ors. Vs. Padwal Janaji and ors.
Court: Madhya Pradesh
Decided on: Nov-09-2005
Reported in: I(2006)ACC50; 2007ACJ111
Ashok Kumar Tiwari, J.1. This appeal, under Section 173 of Motor Vehicles Act, has been filed by the appellants-claimants for enhancement of the sum awarded to them vide award dated 23.8.2001, passed by the learned Third Additional Member, Motor Accidents Claims Tribunal, Dewas (MP) in Claim Case No. 121 of 1998.2. The deceased Amarsingh, who was working in Sri Ummed Higher Secondary School, Jodhpur (Rajasthan) had visited Dewas. On 10.6.1998, at about 4.30 p.m., after having 'darshan of Deviji' while he was returning back, a Maruti car bearing registration No. MP 09-HA 2021, owned by respondent No. 2 and driven rashly and negligently by respondent No. 1 dashed against him and deceased Amarsingh sustained severe injuries. At the relevant point of time the said car was insured with the respondent No. 3. The deceased was taken to District Hospital, Dewas and then was referred to Indore for further treatment. At Indore, during his treatment at Gokuldas Hospital, on 15.6.1998, he passed aw...
Northern Coalfields Ltd. Vs. Sri Dadai (Dead) Through His L.Rs. Smt. S ...
Court: Madhya Pradesh
Decided on: Nov-08-2005
Reported in: 2006(1)MPHT336; 2006(1)MPLJ352
ORDERA.K. Shrivastava, J.1. This appeal has been preferred under Section 20 of the Coal Bearing Areas (Acquisition and Development) Act, 1957(for brevity 'the Act') against the order/award dated 30-9-95 passed in Case No. 246/90 by the Tribunal, Sidhi constituted under the Act (hereinafter referred to as 'the Tribunal').2. The respondents are the legal representatives of original applicant, Dadai, who died during the pendency of this appeal. For convenience, hereinafter the applicant would mean deceased applicant Dadai.3. The undisputed facts are that applicant was the owner of the disputed land. In public interest, the Government of India for the purpose of extraction of the coal acquired the disputed area on 15-11-1976 and fixed the amount of compensation to be paid.4. The applicant submitted an application under Section 17(2) of the Act claiming Rs. 20,000/- per acre for compensation for the land in dispute which is 6.50 acres. There were 14 trees of Mahua on the disputed land and h...
Mohan K. Prajapati Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Nov-08-2005
Reported in: 2006CriLJ632
S.K. Kulshreshtha, J.1. This appeal by the convicted accused, is directed against the judgment dated 24-3-2003 of the learned VIIIth Addl. Sessions Judge, Indore, in Session trial No. 239/2000 by which, while acquitting co-accused Prakash-chandra Chouhan and Ms. Binu Chouhan, the learned Judge has convicted the appellant under Section 302 and 364 of the Indian Penal Code and sentenced him under each count to undergo imprisonment for life and pay fine of Rs. 100/-.2. The appellant was prosecuted for the offence Under Section 364, 364A, 302 and 201 of IPC along with the acquitted accused who were prosecuted for the said offence r/w. Section 34 of the IPC, on the allegation that on 24-8-1994, at about 7.00 a.m., they had kidnapped Gaurav s/o Satishchandra, aged 12 years, with a view to demand ransom and otherwise to cause his death and in pursuance thereof demand for ransom was made and eventually, the child, the demand having not been fulfilled, was murdered. The case of the prosecution ...
New India Assurance Co. Ltd. Vs. Dilip Kumar and ors.
Court: Madhya Pradesh
Decided on: Nov-08-2005
Reported in: 2007ACJ314; 2006(2)MPHT256
ORDERAshok Kumar Tiwari, J.1. This appeal has been filed by the appellant/Insurance Company under Section 173 of Motor Vehicles Act, 1988, against the award passed by the learned 2nd Additional Member, Motor Accident Claims Tribunal, Khargone, West Nimar (M.P.) in Claim Case No. 32/93 on 31-8-1999.2. The claimant/respondent No. 1 was working with State Bank of Indore as auditor at its Head Office at Indore,on the date of accident. On 19-10-92, when he was going with his colleague Sudheer Reghe as pillion rider on a scooter bearing registration No. MP-09/F-9637 respondent No. 2 Gulam Ali drove motorcycle bearing registration No. MKN-4830 rashly and negligently, which dashed against the scooter and respondent No. 1 sustained injuries, due to the accident. Respondent No. 1 Dilip Kumar preferred Claim Case No. 32/93 against the respondent Nos. 2, 3 and the appellant. Sudheer Reghe, who also sustained injuries in the accident preferred Claim Case No. 31/93 against the respondent Nos. 2, 3 a...
Rameshwar Dayal Namdeo and ors. Vs. Jagdish Thareja and ors.
Court: Madhya Pradesh
Decided on: Nov-08-2005
Reported in: II(2007)ACC331; 2006ACJ1694
P.K. Jaiswal, J.1. This order shall govern the orders in all the three appeals as they arise out of the same accident dated 13.9.1998.2. Appellant Rameshwar Dayal Namdeo and others have filed Misc. Appeal No. 481 of 2000 and appellants Komesh Kaurav and others have filed Misc. Appeal No. 482 of 2000. Appellants Shashi and others have filed Misc. Appeal No. 512 of 2000 for enhancement of award dated 28.4.2000 in Claim Case Nos. 36, 35 of 1998 and 1 of 1999 respectively, wherein compensation of Rs. 1,20,000 is provided in Claim Case No. 36 of 1998, compensation of Rs. 2,58,000 is provided in Claim Case No. 35 of 1998 and compensation of Rs. 1,96,000 is provided in Claim Case No. 1 of 1999. All the appeals are filed for enhancement of compensation.3. Brief facts of the case are that on 13.9.1998 Vishambhar Singh hired a truck No. MP 07-8722, for the transportation of grain from Gwalior to Indore, owned by Jagdish Thareja, respondent No. 1. The truck was driven by respondent No. 1 and dece...
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