Madhya Pradesh Court July 2005 Judgments
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Sampatbai Vs. Karnail Singh and ors.
Court: Madhya Pradesh
Decided on: Jul-28-2005
Reported in: 2006ACJ300
Arun Mishra and U.C. Maheshwari, JJ.1. There is delay of two days in filing this appeal. M.C.P. No. 3537 of 2002 has been filed seeking condonation of delay. Application is supported by an affidavit. In the facts and circumstances of the case the delay in filing this appeal is condoned.2. Heard on the question of admission. Admit. Heard finally with the consent of learned counsel for the parties.3. This appeal has been preferred by the claimant mother seeking enhancement of compensation. She is aggrieved by the award dated 26.12.2001 passed by the M.A.C.T., Maihar, District Satna in Claim Case No. 125 of 1998. On account of death of Sarman alias Shravan Kumar who was cleaner of jeep No. MP 19-A 8055 died in an accident dated 13.6.1998 when jeep met with head-on collision with truck No. MUJ 2441. Truck was owned by Milinder Kaur Tuli and was insured with New India Assurance Co. Ltd. The jeep was owned by Krishnanand Mishra and insured with Oriental Insurance Co. Ltd.4. The age of Shrava...
Jamila Begum and ors. Vs. Divisional Railway Manager, Central Railway
Court: Madhya Pradesh
Decided on: Jul-28-2005
Reported in: 2006ACJ1636
U.C. Maheshwari, J.1. These appeals have been preferred under Section 30 of the Workmen's Compensation Act, 1923 (for short 'the Act') against the order dated 8.10.2001 passed by the Commissioner for Workmen's Compensation, Labour Court No. 1, Jabalpur (in short 'the Commissioner') in Case No. 27/98/Fatal. The M.A. No. 1804 of 2001 is initiated at the instance of the claimants for granting interest and penalty on the amount of compensation as ordered while M.A. No. 1805 of 2001 has been preferred for setting aside the award at the instance of the employer Divisional Railway Manager, Central Railway, Jabalpur (MP).2. The appellants of M.A. No. 1804 of 2001 have been impleaded as respondents in M.A. No. 1805 of 2001 and respondents of aforesaid former appeal are appellants in the latter appeal and they are called in this order as claimants and employer.3. The husband of claimant No. 1 and father of other claimants, namely, late Lal Khan, was employed as gang-man under the employment of t...
Municipal Corporation Vs. Saffun Mills
Court: Madhya Pradesh
Decided on: Jul-28-2005
Reported in: IV(2006)BC82
ORDERN.K. Mody, J.1. Being aggrieved by the order dated 31.8.2004 passed by District Judge, Ratlam in Civil Suit No. 1-B/2001, whereby the civil suit filed by the appellant for realisation of a sum of Rs. 12 lacs has been returned to the appellant with a direction to present the suit before Board of Industrial and Financial Reconstruction (BIFR/ or Appellate Authority namely Industrial and Financial Reconstruction (AAIFR), the present appeal has been filed.2. Short facts of the case are that the appellant filed a suit before the District Judge Ratlam on 27.8.2001 for realisation of a sum of Rs. 12 lacs alleging that after winding up of the Unit of respondents an advertisement was published by the respondent No. 3 on 13.7.1998, whereby the tenders were invited for sale of surplus land situated at Ratlam. It is submitted that appellant submitted the rates and also deposited a sum of Rs. 12 lacs as the rates submitted by the appellant were highest. When it was found that the title of the ...
Mehboob Khan Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-27-2005
Reported in: 2006(1)MPHT162; 2005(4)MPLJ338
A.K. Gohil, J.1. Appellant being aggrieved by the judgment of conviction dated 30-6-92 passed by Third Additional Sessions Judge, Bhind in Sessions Trial No. 143/86 convicting him under Section 302, IPC and sentencing him to imprisonment for life, has filed this appeal under Section 374, Cr.PC.2. Prosecution story as per First Information Report is that one Karu lodged the FIR at Police Station Amayan, District Bhind on 3-5-86 at about 9 a.m. that in the last night of 2nd and 3rd May, 1986 he was sleeping at his bran (Khalihan). His son Ramfal was sleeping nearby him and Bhure Khan was also sleeping near them on a cot. In the night at about 12 p.m. he heard the noise of fire and he had seen that appellant Mehboob Khan shot at Bhurekhan at Katta. Bhure Khan was lying on a cot and struggling for life. Seeing it when he cried, Mehboob Khan threatened him that he will also kill him; whereupon Karu and his son Ramfal ran away from there. Thereafter, they came to the village and informed the...
Ravish and ors. Vs. Rakesh and ors.
Court: Madhya Pradesh
Decided on: Jul-27-2005
Reported in: 2006ACJ317
Arun Mishra, J.1. This appeal is preferred by the claimants aggrieved by the award dated 10.4.2001 passed by First Motor Accidents Claims Tribunal in Claim Case No. 06 of 2000.2. Claimants are legal representatives of the deceased and three minor children of late Jagdish Yadav. Jagdish Yadav was working as Senior Agriculture Development Officer in Narmada Valley Development Authority. He was drawing salary of Rs. 8,580 per month. On 17.10.1999 when he was going from Khandwa to Khargone along with pillion rider Praveen Dubey on his motor cycle, he met with an accident on Deogaon-Bhikangaon Road with Tempo Trax MP 10-A3125, it was alleged that Rakesh drove Tempo Trax in a rash and negligent manner and dashed the motor cycle owing to which Jagdish Yadav and Praveen Dubey sustained serious injuries. Jagdish died on the way to the hospital. The motor cycle was also damaged. The F.I.R. of the accident was lodged at Police Station, Deogaon, by Praveen Dubey, CW 1. The offence was registered a...
National Insurance Co. Ltd. Vs. Smt. Maina Singh and ors.
Court: Madhya Pradesh
Decided on: Jul-27-2005
Reported in: 2006(1)MPHT537
ORDERArun Mishra, J.1. These appeals have been preferred by the claimants and insurer, Claimants have filed M.A. No. 121/2001 for enhancement of compensation whereas other Misc. Appeal No. 2513/2000 has been preferred by the insurer as against the joint and several liability which has been fastened on it to make payment of compensation.2. In an accident dated 24-11-96 at about 11.30 PM deceased Shri Moolchand, Head Constable was going to Police Station, Panagar on his scooter (MUJ-7572), when he reached near Village, Kewalari truck (MP20-G/0820) came at high speed, dashed against the scooter, deceased fell down, sustained severe injuries and died on the spot. Another Constable Shri Ravishankar who was coming behind, lodged the report at the concerned police station. Truck was driven by Shri Sulkhan Singh, owned by Smt. Shashi Pandey, insured with National Insurance Co. Ltd. It was claimed that deceased was earning a sum of Rs. 4,370/- per month- His age was 45 years. Compensation of Rs...
Saheen and anr. Vs. Kartar Singh and ors.
Court: Madhya Pradesh
Decided on: Jul-27-2005
Reported in: 2006ACJ601
Arun Mishra, J.1. This appeal has been preferred by the claimants for enhancement of compensation aggrieved by an award dated 23.7.1999, passed by Addl. Motor Accidents Claims Tribunal, Maihar, District Satna, in Claim Case No. 50 of 1996.2. In an accident dated 28.4.1996 respondent No. 1 drove the truck No. HR 30-2527 on Lakhanpur Highway and dashed with the truck No. MP 21-7137, owing to which the driver of the truck, Abdullah died, whose age was claimed to be 27 years and was found to be of 32 years. Claims Tribunal has awarded a compensation of Rs. 1,40,000 along with interest at the rate of 12 per cent per annum from the date of filing of the claim petition.3. The only question raised by the appellant in this appeal is that the income has been taken on lower side. The income of the deceased was Rs. 3,000 per month. In addition diet allowance of Rs. 50 used to be paid. Thus, monthly income of the deceased was Rs. 4,500. Claims Tribunal has taken the income of the deceased at Rs. 15...
New India Assurance Co. Ltd. Vs. Pancham Singh (Dead) Through Sheela B ...
Court: Madhya Pradesh
Decided on: Jul-27-2005
Reported in: 2007ACJ486
S. Samvatsar, J.1. This appeal is filed by the insurance company under Section 30 of the Workmen's Compensation Act challenging the award dated 16.3.1993 passed by the Commissioner for Workmen's Compensation, Circle 1, Gwalior in Case No. 19 of 1990 W.C.A. (Fatal).2. Brief facts of the case are that Brajendra Singh, aged 23 years, son of Pancham Singh, respondent No. 1, died in an accident on 4.2.1990. Claimant No. 1 is the father of the deceased and claimant No. 2 is his son. They filed an application for compensation before the Commissioner, Workmen's Compensation. Commissioner by the impugned award has awarded an amount of Rs. 70,384 as the compensation plus 50 per cent penalty for delayed payment and interest at the rate of 6 per cent per annum, in case of default of payment within a month from the date of award the interest was payable at the rate of 12 per cent per annum.3. Insurance company has filed this appeal challenging the part of the award whereby the Commissioner has awar...
S.K. Shrivastav and ors. Vs. Safiq Shah and ors.
Court: Madhya Pradesh
Decided on: Jul-27-2005
Reported in: III(2006)ACC628
P.K. Jaiswal, J.1. This appeal is filed by the claimants for enhancement of compensation.2. Ashish Shrivastava was the only son of the claimant Nos. 1 and 2. At the time of accident, he was aged 21 years old and was studying IInd year of B.E. in the Institute of Engineering and Technology, Devi Ahilya Vishwavidyalaya at Indore. It is alleged that the deceased had bright future and after completion of B.E., he could earn between 10,000 and 15,000 rupees per month. On 9th January, 1999 at about 9.00 p.m., he was going to Bhopal from Indore by Ambassador car bearing registration No. M.B.W. 1649, which was driven rashly and negligently by respondent No. 1, Safiq Shah alias Aktar Khan (driver). He dashed against the stationary truck bearing registration No. M.P. 04/F-4895, which was parked on the side after the road at kachha sarak. Asa result of this accident, Ashish Shrivastava died. The vehicle was owned by Aktar Mohamed, respondent No. 2 and insured with United India Insurance Company L...
New India Assurance Company Ltd. Vs. Pancham Singh (Dead) Through Shee ...
Court: Madhya Pradesh
Decided on: Jul-27-2005
Reported in: I(2007)ACC683
S. Samvatsar, J.1. This appeal is filed by the Insurance Company under Section 30 of Workmen's Compensation Act challenging the award dated 16th March, 1993 passed by the Commissioner of Workmen's Compensation, Circle 1, Gwalior in Case No. 19/90 W.C.A. (Fatal).2. Brief facts of the case are that Brajendra Singh, aged 23 years, son of respondent No. 1 Pancham Singh died in an accident on 4th February, 1990. Claimant No. 1 is the father of the deceased and claimant No. 2 is his son. They filed an application for compensation before the Commissioner, Workmen's Compensation. Commissioner by the impugned award has awarded an amount of Rs. 70,384 as compensation plus 50% penalty for delayed payment and interest at the rate of 6% per annum, in case of default of payment within a month from the date of award the interest was payable at the rate of 12% per annum.3. Insurance Company has filed this appeal challenging the part of the award whereby the Commissioner has awarded the amount of penal...
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