Madhya Pradesh Court July 2005 Judgments
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Kachru Alias Langdu Vs. Sunil (Died) Through L.Rs. and ors.
Court: Madhya Pradesh
Decided on: Jul-06-2005
Reported in: 2006ACJ452; 2005(3)MPHT424; 2006(2)MPLJ2
ORDERShantanu Kemkar, J. 1. This appeal has been preferred against the award dated 20-10-2004 passed by Additional Motor Accident Claims Tribunal, Multai, District Betul in Claim Case No. 101/2000.2. As per the claim petition the appellant a patient of polio was going on his tricycle on 22-5-2000. When his tricycle reached near Madina Maszid at Multai, a motor cycle No. MP-05-9271 driven by the first respondent rashly and negligently came from behind and dashed the appellant's tricycle. As a result of which the appellant fell down and the motor cycle ran over his right leg. The appellant sustained fracture of his right femur and his four teeth were broken.3. The respondents opposed the claim petition and denied the occurrence of accident. It was stated that the appellant was already disabled person and therefore the injuries can not be said to be caused due to the alleged accident.4. The Claims Tribunal framed issues and recorded evidence and held that the appellant sustained grievous ...
United India Insurance Co. Ltd. Vs. Chandrasi and ors.
Court: Madhya Pradesh
Decided on: Jul-06-2005
Reported in: 2006(1)MPHT159; 2005(4)MPLJ35
ORDERU.C. Maheshwari, J.1. This appeal under Section 173 of Motor Vehicle Act is directed against the award dated 14-9-1997 passed by Motor Accident Claims Tribunal, Chhindwara in Claim Case No. 2/94, whereby the claim petition of respondent Nos. 1 to 5 for Rs. 1,44,000/- allowed along with interest at rate of 12% per annum regarding death of Ritabi.2. According to the facts of claim petition, on 8-2-1994 predecessor of respondent Nos. 1 to 5 namely Ritabi was dead due to accident caused by tractor bearing No. MKK 9143 driven by respondent No. 6 in rash and negligental manner while respondent No. 7 was registered owner of it and the same was insured with appellant. The accident was reported to police and on registering the offence respondent No. 6 was charge-sheeted. Legal representatives of the deceased filed a claim petition for Rs. 4,10,000/- against the respondent Nos. 6, 7 and appellant in which they have submitted their written statements, according to that respondent Nos. 6 and ...
Yashwant Singh Baghel and anr. Vs. Shiv Prasad Vishwakarma and ors.
Court: Madhya Pradesh
Decided on: Jul-06-2005
Reported in: 2006ACJ2325; 2005(4)MPLJ531
U.C. Maheshwari, J.1. Being aggrieved by the award dated 13.3.1996, passed by the Third Additional Motor Accidents Claims Tribunal, Satna in Claim Case No. 38 of 1994 whereby application under Section 166 of Motor Vehicles Act, 1988 filed by the appellants, was dismissed. Appellants have preferred this appeal under Section 173 of Motor Vehicles Act.2. The facts giving rise to this appeal are that on 25.1.1992 Yashwant Singh, appellant No. 1, was travelling in a bus bearing registration No. MK A 35 from Babupur to Satna and such bus had huge passenger rush and was being driven by respondent No. 1 in a rash and negligent manner consequently met an accident near Badkhal Nala and due to opening of the gate of it appellant No. 1 fell down outside resultantly got injured. He was shifted to District Hospital, Satna where Dr. S.K. Jain, AW 4, treated him and subsequently referred to Bombay for further surgical treatment. According to the pleadings of the appellants, he got fractures of tibia a...
Dr. Hajarilal Agrawal Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jul-06-2005
Reported in: 2006(4)MPHT237
ORDERArun Mishra, J.1. This appeal valued at Rs. 1,95,72,450/-, has been preferred as M. A. No. 215/2005 under Section 54 of the Land Acquisition Act against an award passed by First Additional District Judge, Katni in Land Acquisition Case No. 66/2000, 68/2000 and 18/2001 on 6-10-2004. The Court fee which has been paid is Rs. 15/- payable on miscellaneous appeal. An application has been filed under Section 149 of CPC in which prayer has been made that appellant may be allowed to make payment of Court fee at the time of final decision of the appeal on compensation which may be determined. Another application has been filed to convert the miscellaneous appeal into first appeal.2. Ad valorem Court fee is required to be paid on the valuation made in the appeal, of which enhancement has been prayed for in the appeal.3. Shri S.K. Dwivedi, learned Counsel appearing for the appellant has submitted that appellant may be allowed to make the payment of Court fee at the time of final decision of ...
Mangilal and ors. Vs. Sheikh Rafiq and anr.
Court: Madhya Pradesh
Decided on: Jul-06-2005
Reported in: III(2005)ACC816; 2007ACJ601
A.M. Sapre, J.1. Claimants have come up in appeal under Section 173 of Motor Vehicles Act, 1988 against an award dated 5.10.2001, passed by learned Additional Member, Motor Accidents Claims Tribunal, Barwah, District West Nimar (M.P.) in Claim Case No. 58 of 2001. By impugned award, the learned Member of the Claims Tribunal has awarded a total compensation of Rs. 1,69,000 together with interest at the rate of 9 per cent per annum for the death of one Kadwaji. According to the claimants (i.e., appellants herein) who are legal representatives of the deceased Kadwaji, the compensation awarded by the Claims Tribunal is on lower side and hence, need to be enhanced so as to make it reasonable, adequate, proper and in conformity with the provisions of Motor Vehicles Act. It is essentially for this reason, the claimants have filed this appeal claiming enhancement. So the short question that arises for consideration in this appeal is, whether any case for enhancement in the compensation awarded...
Chandrakant Goswami Vs. Ramkesh Patel and ors.
Court: Madhya Pradesh
Decided on: Jul-05-2005
Reported in: 2007ACJ2268; 2005(4)MPHT40
ORDERShantanu Kemkar, J.1. This appeal is directed against the award dated 3-3-2000 passed by the Additional Motor Accident Claims Tribunal, Maihar District Satna in Claim Case No. 153/1997.2. As per the claimant/appellant, on 26-8-1997 he was returning on scooter from Maihar to Jabalpur. When he reached near Itma Mandi a Truck No. UGY 8507 driven rashly and negligently by the respondent owned by the second respondent and insured with the third respondent came from the opposite side and dashed his scooter. As a result, the appellant and the pillion rider Rajendra Bihari sustained grievous injuries. The appellant, therefore, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation of Rs. 5,95,000/- from the respondents.3. The respondents resisted the claim petition and denied the averments made in the claim petition. The Tribunal framed issues and after recording evidence held that the appellant is entitled for compensation of Rs. 74,000/-. However, ...
Galal Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-05-2005
Reported in: 2005(4)MPHT345
S.L. Kochar, J.1. By this appeal, the appellant seeks to set aside the judgment dated 27-3-2001 rendered by the learned Sessions Judge, Jhabua in Sessions Trial No. 382/2000 thereby finding the appellant guilty of the offence punishable under Section 302, Indian Penal Code, convicted and sentenced him to suffer imprisonment for life with fine of Rs. 500/-, and in default of payment whereof, to suffer additional R.I. for three months.2. Briefly stated, the prosecution case for the purposes of disposal of this appeal is that on 27-4-2000 at 3.00 AM P.W. 6 Dolsingh lodged a report at Police Station, Kakanwani that in the previous evening after taking meals he himself, his both daughter-in-laws and daughter Dalibai were sleeping in the courtyard situated between the hutments. Deceased Mansingh was sleeping underneath the branches of tree in the courtyard and appellant Galal was sleeping in the verandah. At about 1.00 and 1.30 AM in the night he overheard some sound. He got up and went to t...
Rameshchandra Vs. Citizen Transport Company Pvt. Limited and ors.
Court: Madhya Pradesh
Decided on: Jul-05-2005
Reported in: IV(2005)ACC68; 2006(2)MPLJ12
ORDER1. This is an appeal filed by the claimant under Section 173 of the Motor Vehicles Act against an award, dated 26.7.2001, passed by learned 1st Additional Member, Motor Accident Claims Tribunal, Shajapur (M.P.) in Claim Case No. 48 . of 1999.2. It is an injury case sustained by the claimant, aged 40 years in car accident on 2.2.1999. The injury was in his right leg which got fractured. Due to this injury, he was hospitalized 3 times and underwent operations. In the opinion of doctor, Dr. N.K. Gupta (P.W. 3), claimant suffered in his leg what is called in medical terminology 'Osteoporosis' in his fibula bone in leg due to which 35% disability of permanent nature resulted in leg. The claimant filed claim petition against owner, driver and Insurance Company of the offending vehicle. He also led evidence. On contest, the Tribunal by impugned award, awarded a total sum of Rs. 70,000/- by way of compensation to the claimant. It is against this award the claimant'has filed this appeal se...
Jagdish Devda Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-04-2005
Reported in: 2005(4)MPHT148
S.L. Kochar, J.1. This appeal aims at setting aside the judgment dated 14-9-99 passed by the learned Sessions Judge, Rajgarh (Biaora) in Sessions Trial No. 210/97 thereby finding the appellant guilty of the offence punishable under Section 302, Indian Penal Code, convicted and sentenced him to suffer imprisonment for life with fine of Rs. 100/-, and in default of payment of fine to further suffer additional S.I. for 15 days.2. In nut-shell, the prosecution case as unfolded before the Trial Court was that the deceased-widow was serving as maid servant in the house of the appellant Jagdish Devda. The appellant assured her for Court-marriage. On 25-6-97, in the night she went to the appellant at 9.00 PM for deliberations regarding expenses of the Court-marriage. During the course of talks, quarrel developed between them and the appellant threatened her to eliminate her whereupon the deceased herself brought kerosene in a bottle from her aunt and while standing by the side of the appellant...
Bapulal Vs. Chunnilal
Court: Madhya Pradesh
Decided on: Jul-04-2005
Reported in: IV(2006)BC19; 2005(4)MPLJ200
ORDERA.M. Sapre, J.1. This is a revision filed by the plaintiff against an appellate order dated 16.4.2004 passed by III Addl. District Judge, Mandsaur, whereby the suit filed by the plaintiff for recovery of Rs. 814 was dismissed. This revision is, therefore, filed Under Section 9 of the Provincial Small Cause Court Act read with Section 115 of C.P.C.2. Having gone through the impugned judgment under challenge, I find absolutely no case to interfere. I can do no better except to quote the decision rendered by Nagpur High Court in the case of Rajeshwar v. Dashrath AIR 1943 Nag. 117. It is in this case their Lordships made following observations constituting full Bench consisted of three eminent Judges of Nagpur Bench of which one member (Vivian Bose, J.) later became Chief Justice of this Court and then Judge of Supreme Court. In the words of Their Lordships:Per Full Bench - There should be no interference on a question of fact or of law, even though the decision may appear to be erron...
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