Madhya Pradesh Court November 2005 Judgments
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Kumari Ankita Sinha Vs. the Rajiv Gandhi Proudyogiki Vishwavidyalaya a ...
Court: Madhya Pradesh
Decided on: Nov-08-2005
Reported in: AIR2006MP62; 2006(1)MPLJ489
ORDERRajendra Menon, J.1. Petitioner has filed this petition being aggrieved by order, Annexure P/1 dated 11th January 2005 issued by the respondent No. 1, University cancelling the admission granted to the petitioner in B.E., (Bachelor of Engineering) course in the institute of respondent No. 2.2. Petitioner had appeared in the Class XII examination conducted by the Central Board of Secondary Education from Patna. She was a student of Patna Central SCH S. Vihar. According to the petitioner, examination was conducted in March 2004. She appeared in the examination but in the main examination she was declared as failed in two subjects, namely; Chemistry and Mathematics. Accordingly, as per rules of the Central Board of Secondary Education, she was permitted to take up in supplementary examination of any one of the two subjects. She appeared in the Mathematics subject and was declared as passed and marks sheet, Annexure P/2 was issued to her. According to the petitioner, as per the norms ...
Mohanlal and anr. Vs. Gulabchandra and ors.
Court: Madhya Pradesh
Decided on: Nov-08-2005
Reported in: 2006ACJ1394
N.K. Mody, J.1. Being aggrieved by the inadequacy of the amount awarded vide award dated 30.11.2001 passed by the M.A.C.T., Barwah in Claim Case No. 68 of 2001 whereby a sum of Rs. 1,25,000 has been awarded along with interest at the rate of 9 per cent per annum, the present appeal has been filed.2. Learned counsel for the appellants submits that the deceased Rajesh was aged 16 years who passed away in the motor accident. The appellants are parents of the deceased. Learned Tribunal has awarded Rs. 1,25,000. It is submitted that no breakup has been given by the learned Tribunal as to how it has reached to the conclusion that the amount of Rs. 1,25,000 is just and proper. Learned counsel further submits that deceased was a milk vendor. It has been proved that deceased was selling milk more than 30 ltrs. per day and was also helping his father in cultivating the agricultural land. It is submitted that income of the deceased was Rs. 3,500 per month, therefore, the learned Tribunal committe...
Laxmibai and ors. Vs. Kanhaiyalal (Deceased Through Lr) and anr.
Court: Madhya Pradesh
Decided on: Nov-08-2005
Reported in: I(2006)ACC520
ORDER1. This is an appeal filed by the claimants under Section 163 of the Motor Vehicle Act against an award dated 7.8.2002 passed by VIIIth Addl. Member, Motor Accident Claims Tribunal, Indore, in Claim Case No. 250/2000. By impugned award the learned Member of the Tribunal has awarded total sum of Rs. 2,16,000 for the death of one Omprakash who died on 1.1.2000 in vehicle accident. The short question that arises for consideration in this appeal is whether claimant i.e., appellant is entitled for more compensation than what has been awarded by the Tribunal and if so, to what extent?2. Heard Mr. M. Jain, learned Counsel for appellants and Mr. S.V. Dandwate learned Counsel for respondent No. 2.3. Having heard learned Counsel for the parties and having perused the record of the case we are inclined to allow the appeal in part and dismiss the cross-objection filed by respondent No. 2, Insurance Company dated 13.8.2004.4. It is not in dispute that the claim petition was filed by the claima...
Mayabai Vs. Bhuru Shah and anr.
Court: Madhya Pradesh
Decided on: Nov-08-2005
Reported in: I(2006)ACC316
ORDERAshok Kumar Tiwari, J.1. This appeal under Section 173 of the Motor Vehicles Act, 1988, has been preferred by the claimant against the award dated 12.2.1999 passed in Claim Case No. 108/99 by learned Second Additional Member, Motor Accident Claims ' Tribunal, Dhar.2. On 22.2.1998 at about 9.30 a.m. Mayabai was going with the cattle carried for grazing. While she was moving with the cattle, a jeep bearing registration No. CPZ-3703, owned by respondent No. 2 and driven rashly and negligently by respondent No. 1 came from the direction of Amjhera and dashed against her. Due to the impact appellant sustained severe injuries on her right leg, face, waist, head and other parts of the body. She sustained severe fracture on her right leg. She was taken immediately to the hospital. Due to injuries sustained in the accident, she suffered permanent disablement, despite the expensive treatment given to her.3. On the aforesaid grounds the appellant filed a claim petition before the Claims Trib...
Narsingh Lal Shah Vs. Kamal and ors.
Court: Madhya Pradesh
Decided on: Nov-07-2005
Reported in: I(2006)ACC510; 2006ACJ1844
N.K. Mody, J.1. Being aggrieved by the inadequacy of the amount awarded vide award dated 24.7_2002 passed by the 5th M.A.C.T. (Fast Track), Ratlam in Claim Case No. 54 of 2001 whereby a sum of Rs. 50,000 has been awarded along with interest at the rate of 9 per cent per annum, the present appeal has been filed.2. learned Counsel for the appellant submits that break up of Rs. 50,000 is as under:Towards medical expenses Rs. 25,000Towards special diet,Transport and conveyance Rs 15,000 Towards pain and suffering Rs. 10,0003. It is submitted that appellant was aged 68 years at the time of accident. He was contractor and agriculturalist. He was earning Rs. 70,000 to Rs. 80,000 per year. On account of accident the appellant was hospitalized in various hospitals at Baroda, Alot and Jawra. He was also treated at Khandwa, Indore and Nagda of which ample evidence is on record. learned Counsel for appellant further submits that appellant was having composite fracture of L-l vertebra with fragment...
National Insurance Co. Ltd. Vs. Kalyan Singh and ors.
Court: Madhya Pradesh
Decided on: Nov-07-2005
Reported in: 2007ACJ1932
P.K. Jaiswal, J.1. All the three revisions arise out of the same accident, therefore, they are decided by this common order.2. The facts of the case are that all the three deceased were travelling in the trailer of a tractor along with wheat bags. It is pleaded that each passenger had paid Rs. 5 per bag to the tractor driver Bahadur. When they were returning from village Nithau to village Sujarama, trolley of the tractor overturned at about 8.30 in night on 22.7.1995 which resulted into the death of Munni Devi and Birbal on the spot and Ramprasad died in the hospital 7-8 days after the accident.3. Claim petitions have been filed by the legal representatives of Ramprasad, Birbal and Munni Devi. They have also filed the applications under Section 140 of the Motor Vehicles Act, 1988, for interim compensation. The Claims Tribunal vide order dated 2.11.1998 allowed these applications and directed the insurance company to pay Rs. 50,000 each to the legal representatives of the deceased as an...
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