Madhya Pradesh Court July 2005 Judgments
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Oriental Insurance Co. Ltd. Vs. Shailendra Singh and ors.
Court: Madhya Pradesh
Decided on: Jul-14-2005
Reported in: 2007ACJ1655
Arun Mishra, J.1. This appeal has been preferred aggrieved by an award dated 24.8.2002 passed by the Eighth Additional Motor Accidents Claims Tribunal, Jabalpur in M.V.C. No. 225 of 2001 awarding total compensation of Rs. 32,000 along with 9 per cent interest from the date of filing of claim petition and cost.2. The only question raised by learned Counsel appearing for the appellant is that though the driver possessed the valid driving licence but on the date of accident, it had expired. On specific query being made by this Court that driving licence has been renewed or not, learned Counsel appearing for appellant is not aware of fact. There is nothing on record to indicate that disability was incurred by the driver and licence was not renewed. It is not case set up that it was to knowledge of owner that licence was not renewed nor any evidence is pointed out showing that non-renewal was due to any disability incurred by driver which contributed for accident.3. In National Insurance Co...
Urmila Shukla and ors. Vs. Pavan Kumar and ors.
Court: Madhya Pradesh
Decided on: Jul-14-2005
Reported in: II(2007)ACC826; 2007ACJ418
Arun Mishra, J.1. This appeal has been preferred for enhancement of compensation aggrieved by an award dated 30.9.2000 passed by Motor Accidents Claims Tribunal, Satna in Claim Case No. 59 of 1999 on account of death of Shankar Prasad Shukla, teacher, aged about 38 years in an accident dated 6.3.1998 when respondent No. 1 drove the jeep No. MP 19-A 8115 in a rash and negligent manner and vehicle turned turtle near village Bhedra, Shankar Prasad suffered injuries and succumbed to them. Total compensation of Rs. 14,98,000 was claimed, he was earning Rs. 5,450 per month, has left behind widow, children and parents.2. In the reply filed by the driver and owner it was contended that there was no negligence on part of driver, excessive compensation has been claimed, vehicle was insured as such insurer was liable to make the payment.3. Insurer in the written statement contended that vehicle was driven in violation of terms and conditions of policy as such insurer is not liable. There is collu...
Kamalkumar Pradeepkumar Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jul-14-2005
Reported in: (2008)11VST721(MP)
ORDERA.M. Sapre, J.1. By filing this writ under Article 227 of the Constitution of India the petitioner seeks to challenge the appellate order dated December 17, 2004 (annexure P/7) passed by the Commercial Tax Appellate Board in three appeals.2. By the impugned order the cases have been remanded to competent assessing authority for making assessment in the cases of petitioner under the provisions of the M.P. Commercial Tax Act, 1994. It is these remand orders which are sought to be impugned by the petitioner in this writ.3. Heard A.K. Sethi, learned Counsel for petitioner, and Shri AS. Kutumbale, learned AAG, for respondents.4. Having heard learned Counsel for the parties and having perused the record of the case I find no substance in this writ. It is accordingly dismissed in limine.5. Firstly, remand order being perfectly in accordance with law. No interference in the remand order is called for. Secondly even the petitioner has not seriously challenged the remand order in this writ....
Lal Singh and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-13-2005
Reported in: 2006(1)MPHT34; 2005(1)MPLJ348
A.K. Gohil, J.1. In Sessions Trial No. 272/2000 vide judgment dated 25th August, 2003 appellant No. 1 has been convicted under Section 307, IPC and sentenced to 10 years R.I. and fine of Rs. 20,000/- and appellant No. 2 has also been convicted under Section 307/34, IPC and sentenced to 10 years R.I. with fine of Rs. 5,000/-. Being aggrieved by the said judgment of conviction and sentence the appellants have filed this appeal under Section 374 of the Code of Criminal Procedure.2. Prosecution case as narrated in the F.I.R. is that in the night of 18-3-2000 complainant Chhotelal was sleeping in the Chapara out of his house and his brother's son was also sleeping nearby. While he was sleeping, he became aware that somebody has come; he saw that Lalsingh was having mouser gun and Guddu was with him. Lalsingh moved the mouser gun towards him and said that 'you have not given evidence in our case, therefore, the accused persons could not be convicted, today we will not leave you alive'. Compl...
Chandra Bai Vs. Bhagya Laxmi Saw Mills and anr.
Court: Madhya Pradesh
Decided on: Jul-13-2005
Reported in: 2007ACJ1895
Arun Mishra, J.1. This appeal has been preferred by the appellant as against award dated 30.10.2002 passed by the Motor Accidents Claims Tribunal, Chhindwara in Claim Case No. 40 of 2002.2. The claimant filed application seeking compensation on account of death of Premchand who was the driver of the truck No. MHG 7673, he was taking the truck as per the direction of the employer to coal kiln at Junnardeo. When the truck was negotiating uphill road on the hillock, all of a sudden, owing to mechanical failure it could not go ahead and was reversed, driver fell down owing to imbalance and suffered injuries in various parts of body and died. The total compensation claimed was Rs. 8,50,000. It was submitted that deceased was earning as driver a sum of Rs. 3,000 per month, he has left behind widow.3. In the written statement, the owner has contended that the accident took place owing to negligence of driver, he violated the traffic rules as such owner is not liable to make payment of compens...
Radhabai Vs. Hukum Singh
Court: Madhya Pradesh
Decided on: Jul-13-2005
Reported in: I(2006)ACC16
N.K. Mody, J.1. Heard on LA. No. 4837/2005 which is an application for dispensing with services of respondent Nos. 1 and 2. Application is allowed at the risk of the appellant.2. Also heard on MCP No. 2392/2004 which is an application for condonation of delay. Delay is of 37 days. Sufficient ground is made out for condoning the delay.3. Being aggrieved by the award passed by Addl. MACT, Dhar in Claim Case No. 104/2003 whereby a sum of Rs. 2,60,000 has been awarded along with interest @ 8% per annum, the present appeal has been filed.4. Learned Counsel for appellant submits that age of the deceased has been assessed at 42 years by the learned Tribunal and multiplier of 12 has been applied which is not correct. As per table prescribed under the provisions of Motor Vehicles Act, multiplier of 15 ought to have been applied instead of 12.5. Learned Counsel for respondent No. 3 submits that reasons have been assigned by learned Tribunal in para 25 of the award for applying the multiplier of ...
Mohan Singh Rathore and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-12-2005
Reported in: 2006(2)CTLJ102(MP); 2006(1)MPHT32; 2006(1)MPLJ271
ORDERS.L. Jain, J.1. Invoking extra-ordinary jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, the petitioner has filed this petition for quashing FIR on the basis of which Crime No. 402/02 has been registered against the petitioners at Police Station, Jahangirabad, District Bhopal and also for quashing the proceedings in regular Trial No. 1354/02, pending in the Court of Judicial Magistrate First Class, Bhopal.2. The facts leading to the registration of the case succinctly narrated are thus:--(1) The applicants are employees of M/s. Doon Motors. The ICICI Limited appointed M/s. Doon Motors as 'Ware House Keepers' vide agreement dated 2-5-2002. The ICICI Limited financed a motor cycle Bajaj Caliber bearing Registration No. M.P. 04-NG 6684 to applicant Anjum Jamal. As per hire purchase agreement deed Anjum Jamal was bound to pay the monthly instalment in time. He committed as breach of the conditions of hire purchase agreement and the employees of ICICI Ltd...
Ajab Rao Vs. Rekha Bai and anr.
Court: Madhya Pradesh
Decided on: Jul-12-2005
Reported in: I(2006)DMC665; 2005(4)MPLJ579
ORDERS.L. Jain, J.1. Invoking revisional jurisdiction of this Court under Section 397 read with Section 401 of the Criminal Procedure Code (henceforth 'the Code'), the applicant has filed this revision for setting aside the order dated 21.2.2000 passed by JMFC, Chhindwara in MJC No. 57/96.2. The facts giving rise to the application are that : non-applicants filed an application before the JMFC Chhindwara, under Section 125 of the Code for granting maintenance. The application was allowed granting maintenance at the rate of Rs. 250 per month. As the applicant failed to comply with the order, the non-applicants filed an application for enforcement of the order of maintenance which was registered as MJC No. 57/96.3. During the pendency of this miscellaneous case, non-applicants on 11.1.2000 filed an application praying that the applicant may be sentenced to imprisonment under Sub-section (3) of Section 125 of the Code. The learned Magistrate vide impugned order allowed this application an...
Rajesh and ors. Vs. Bahadur and ors.
Court: Madhya Pradesh
Decided on: Jul-12-2005
Reported in: II(2006)ACC632
S.S. Jha, J.1. All the three appeals arise out of the same accident, therefore, they are decided by this common order.2. Claims Tribunal held that the Insurance Company is not liable to indenmnify the insured. Counsel for the appellants submitted that these appeals are filed for enhancement of compensation and for the liability of the Insurance Company to indemnify the insured.3. Facts of the case are that all the three deceased were travelling in the trailor of a tractor along with wheat bags. It is pleaded that each passenger had paid Rs. 5 per bag to the tractor driver, respondent No. 1 Bahadur. When they were returning from village Nithau to village Sujarama trolley of the tractor overturned at about 8.30 in the night on 22nd July, 1995 which resulted into the death of Munnidevi, Birbal on the spot and Ramprasad died in the hospital 7-8 days after the accident.4. Claim petitions have been filed by the legal representatives of Ramprasad, Birbal and Munnidevi. In the evidence, witnes...
Kumari Indira Vs. Achal Singh and ors.
Court: Madhya Pradesh
Decided on: Jul-12-2005
Reported in: II(2006)ACC346
Rajendra Menon, J.1. Records indicate that when the matter was listed before the Lok Adalat on 2nd July, 2005 then also none appeared for claimant.2. This appeal under Section 173 of the Motor Accident Claims Tribunal is for enhancing of the compensation awarded by the Motor Accident Claims Tribunal, Guna in Claim Case No. 112/96 by award dated 4th October, 2000. By the aforesaid award for the injury sustained by the claimant in the accident a sum of Rs. 35,000 (Rupees thirty five thousand only) was awarded to appellant against a claim made for more than Rs. 15,00,000 (Rupees fifteen lacs only).3. Claimant sustained injury when she met with an accident on 5th August, 1996 in the evening at 6.15 when the vehicle in question being M.P. 04-J/2576 was carrying various passengers, appellant was one of them when the vehicle collided with a tanker No. HR 29-A/0559 coming from the opposite direction. Said tanker was insured by respondent No. 3 and liability to pay compensation has been casted ...
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