Madhya Pradesh Court May 2005 Judgments
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Ram @ Ramesh Vs. Babukhan and ors.
Court: Madhya Pradesh
Decided on: May-11-2005
Reported in: I(2006)ACC36
A.K. Gohil, J.1. This is claimant's appeal for enhancement of compensation in the injury case. Third Motor Accident Claims Tribunal, Alirajpur, in Claim Case No. 149/2000 has awarded a compensation of Rs. 66,724 with interest at the rate of 9% per annum thereon.2. As per the claimant's case, the accident took place on 15.4.2000 at about 6 p.m. the claimant was travelling in a Jeep No. MP-09-S/382 and he was going towards Ambua. At the same time, one dumper bearing No. MP-11-A/4333 came from the opposite side, which was being driven by respondent No. 1 Babukhan rashly and negligently. He turned his dumper on extreme right side and brought it on the road and dashed the jeep. Due to accident the jeep turned turtle and the persons who were sitting in the jeep received injuries. They were referred to Civil Hospital, Alirajpur, where the appellant was treated. The appellant has produced medical bills Exts. P/8 to P/45. As per the medical evidence there was fracture in the left humerous bone ...
Mahendrasingh Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: May-10-2005
Reported in: 2005(4)MPHT25; 2004(1)MPLJ274
ORDERN.K. Mody, J.1. Being aggrieved by order dated 11-3-2002 passed by respondent No. 2 whereby the petitioner has been removed from the post of member of Krishi Upaj Mandi Samiti, Indore and the order dated 26-6-2002 passed by respondent No. 1 whereby the appeal filed by the petitioner has been dismissed, the present petition has been filed.2. Brief facts of the case are that the petitioner is an elected member of M.P. Krishi Upaj Mandi Samiti, Indore who is respondent No. 4 herein. On 1-3-2001, respondent No. 2 issued a show-cause notice to the petitioner wherein it was alleged that there were complaints of illegal recovery from the check-posts of Fruit and Vegetable Market against the petitioner. It was alleged that in the preliminary enquiry, complaints were found true and the petitioner is found guilty. It was further alleged that the act of the petitioner is amounting to encroachment upon the provisions of Section 27 of M.P. Krishi Upaj Mandi Adhiniyam, 1972. The petitioner was ...
Dilip Kumar and ors. Vs. Rajesh Agrawal and ors.
Court: Madhya Pradesh
Decided on: May-10-2005
Reported in: 2006ACJ400
Dipak Misra and S.R. Waghmare, JJ.1. The claimants-appellants, the wife and minor children of the deceased Shiv Kumar Gupta, have called in question the legal validity of the award passed by the Motor Accidents Claims Tribunal, Shahdol (in short 'the Tribunal') whereby the Tribunal has awarded a sum of Rs. 95,000 as against this the claim put forth by the claimants for a sum of Rs. 25,76,000.2. The facts that have given rise to the institution of the claim case are that while the deceased was travelling in a motor cycle, a truck bearing registration No. MKJ 9737 being rashly and negligently driven by respondent No. 1 dashed against it as a consequence of which he sustained injuries and died on the spot.3. The claimants filed the aforesaid claim petition seeking compensation on the foundation that the deceased was getting Rs. 80,000 from agricultural income and Rs. 36,000 from the hire charges of the tractor. The Tribunal considering the material on record granted a lump sum amount of R...
New India Assurance Co. Ltd. Vs. Arun Kumar and ors.
Court: Madhya Pradesh
Decided on: May-10-2005
Reported in: I(2006)ACC270; 2006ACJ2587; 2005(3)MPLJ351
S.K. Seth, J.1. This order shall also govern the disposal of following appeals, viz., C.R. No. 1220 of 1999 and M.A. Nos. 90, 92, 100 to 109 of 2000 details of which are given in Annexure 'A' appended to this order, (omitted) as all of them arise out of the common award whereby various claim petitions were disposed of by the learned First Additional Motor Accidents Claims Tribunal, Barwani.2. Various petitions arose out of a road accident between two motor vehicles, viz., a school bus bearing registration No. MKT 7094 and truck bearing registration No. DL 1-G 8664. The accident took place on 5.1.1994 on A.B. Road near village Segwal Phata. It is not disputed before us that at the time of accident, the truck which was owned by Kuldeep Singh, respondent No. 3 herein, was being driven by Gurdayal Singh, respondent No. 4 herein. The school bus was being driven by respondent No. 5 herein, Bhuwaniram and it was owned by Kusum Patidar. On account of the aforesaid accident, 5 persons lost thei...
President, Nagar Panchayat and anr. Vs. Rakesh Kumar Sehgal
Court: Madhya Pradesh
Decided on: May-09-2005
Reported in: 2005(3)MPHT338; 2005(3)MPLJ553
Subhash Samvatsar, J.1. This appeal is filed by the defendant challenging judgment and decree dated 29-7-2000 passed by Addl. District Judge, Pichhore, District Shivpuri in Civil Suit No. 1-B/98 whereby the Court below has decreed the plaintiff's suit for recovery of Rs. 15,261/- alongwith interest at the rate of 12% per annum if the plaintiff fails to pay the said amount within a period of 2 months from the date of judgment.2. Brief facts of the case are that the respondent plaintiff has filed the present suit for recovery of Rs. 75,261/- alleging that the present appellant defendant has placed an order No. 239 dated 21-9-95 for supply of electric goods like Tube Rods, Bulbs, Chokes, Mercury lights etc. Plaintiff has supplied the said goods as per the order and the cost of the said goods was Rs. 1,25,261/-. Out of this amount defendant has paid an amount of Rs. 50,000/- hence an amount of Rs. 15,261/- is still outstanding. Said amount is not paid by the defendant in spite of the repea...
Ramnarayan and ors. Vs. Dalpatsingh and ors.
Court: Madhya Pradesh
Decided on: May-09-2005
Reported in: I(2006)ACC262; 2007ACJ212
A.K. Gohil, J.1. This is claimants' appeal under Section 173 of Motor Vehicles Act for enhancement of compensation as well as against the direction of Tribunal exonerating the insurance company on the ground of breach of terms and conditions of the insurance policy.2. There is no dispute about the accident or about the negligence of the driver of mini truck bearing registration No. RJ 06-G 2139. The incident took place on 5.4.1998. One Fakirchand, father of the appellants, was going from Neemuch to Nayagaon on his bicycle. Respondent was driving laden mini truck rashly and negligently. Said mini truck dashed against Fakirchand resulting in death of Fakirchand on the spot. The truck is owned by respondent No. 2. It was a third party claim. Deceased Fakirchand was aged about 60 years and was working as a labourer. Tribunal awarded compensation of Rs. 1,00,500 (rupees one lakh and five hundred).3. Contention of the learned Counsel for the appellants is that Tribunal has wrongly exonerated...
Adarsh Kumar Patel Vs. Board of Secondary Education and anr.
Court: Madhya Pradesh
Decided on: May-06-2005
Reported in: 2005(3)MPHT213; 2005(3)MPLJ368
K.K. Lahoti, J.1. Petitioner has invoked extra-ordinary jurisdiction of this Court under Article 226 of the Constitution of India for issuance of following directions against the respondents: -'(i) That the direction to respondent No. 1 is needful to petitioner be appeared in the annual examination as a regular student as well as also direction to enter into the practical examination in the interest of justice. .(ii) That the respondent No. 2 principal of said school liable to be punished from the illegal action which has been committed with the petitioner as per this action of the principal sessions of petitioner being spoiled therefore he is also liable to be punished.(iii) That the order of respondent No. 1 dated 24-1 -2005 liable to be quashed in the interest of justice 'Annexure P-4'.(iv) That the petitioner is entitled to get the compensation for the illegal act of respondents.(v) That the petitioner's father is Govt. servant and he is a teacher therefore authority is given threa...
Smt. Dev Kunwar Ben Shah Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: May-06-2005
Reported in: 2005(4)MPHT175; 2005(4)MPLJ12
S.S. Jha, J.1. This appeal is filed by the plaintiff against dismissal of her suit by the Trial Court.2. Facts of the case are that plaintiff filed a civil suit for declaration and mandatory injunction. Plaintiff claimed that the defendant-State wanted to establish Krishi Upaj Mandi at Village Mirjapur for which notification was issued for acquisition of 20.216 hectare of land. In the said notification, Khasra No. 30 having total area of 4.620 hectare was also included. Out of the said land, plaintiff, is the owner of 2.530 hectare. Preliminary notification under Section 4 of the Land Acquisition Act (hereinafter, referred to as the Act) was issued on 15-12-1995 and final notification under Section 6 of the Act was issued on 10-5-1996. Plaintiff pleaded that under Section 11A of the Act, compensation was required to be determined within two years from the date of publication of declaration under Section 6 of the Act. Plaintiff claimed that it is mandatory to pass award within two years...
Nagar Palika and anr. Vs. Shivshankar Gupta
Court: Madhya Pradesh
Decided on: May-05-2005
Reported in: 2005(4)MPHT19; 2005(4)MPLJ392
Subhash Samvatsar, J.1. This appeal is filed by the defendants challenging judgment and decree dated 9-4-1999 passed by First Additional District Judge, Morena in Civil Suit No. 26-B/96 whereby the Court below has passed a decree for recovery of Rs. 91,571.00 with interest at the rate of 15% per annum from 10-8-1996 till the date of passing of the decree and 6% from 9-4-99 till realisation of the said amount.2. The brief facts of the case are that the plaintiff - respondent filed the present suit for recovery of an amount of Rs. 91,571.00 against the defendant which is a Municipality constituted under the provisions of M.P. Municipalities Act, 1961. The plaintiff carries on business of tent house in the name and style Gupta Tent House as a proprietor. In the year 1994 an advertisement dated 22-10-1994 was issued calling tenders for erecting a tent and supply of chairs, tables, cushions, stage-covers etc. The plaintiff submitted his offer in pursuance of the said tender notice. His tend...
Champalal Pachore and ors. Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: May-05-2005
Reported in: 2005(4)MPHT407
ORDERR.V. Raveendran, C.J.1. The petitioners arc para-medical staff of the Ordnance Factory, Itarsi (which is a Unit of Ordnance Factory Board) run by the Ministry of Defence, Government of India, registered as a 'Factory' under the Factories Act, 1948. According to the petitioners, the prescribed working hours of the Factory was 44-3/4th hours in a week. The Ordnance Factory issued an order/circular granting employees who work beyond 44-3/4th hours in a week, over-time allowance at single rate, up to 48 hours a week. The petitioners were paid overtime (single rate) as per the said order upto March, 1991. However, it was stopped between April 1991 to April, 1998. It was again paid from May, 1998. Being aggrieved by the non-payment between April, 1991 to April, 1998, petitioners approached the Central Administrative Tribunal, Jabalpur Bench in O.A. No. 725 of 1999 seeking a direction to the respondents to pay them overtime allowance for the said period at single rate for the overtime wo...
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