Madhya Pradesh Court August 2005 Judgments
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Rajesh Vs. Munni Bai Choudhary and ors.
Court: Madhya Pradesh
Decided on: Aug-10-2005
Reported in: 2006ACJ321
Arun Mishra, J.1. The owner has preferred an appeal aggrieved by an award dated 5.4.2004 passed by the Additional Motor Accidents Claims Tribunal, Umaria in Claim Case No. 28 of 2003. The learned Claims Tribunal has awarded compensation of Rs. 1,87,000 on account of death of Bhola Das to the widow and children of the deceased who died in an accident dated 17.4.2003.2. The factum of accident, question of negligence and quantum of compensation has not been assailed in this appeal by the learned Counsel appearing on behalf of the appellant. However, he has assailed the compensation and submitted that insurer ought to have been saddled with the responsibility to make the payment of compensation.3. Mr. R.K. Tiwari, the learned Counsel appearing on behalf of the appellant has submitted that vehicle was insured. It was not clearly stated in the claim petition that fare was paid, at which place fare was paid has not come on the record. The Claims Tribunal has erred in law in relying on the sta...
Kamla Vyas and ors. Vs. Basant and ors.
Court: Madhya Pradesh
Decided on: Aug-10-2005
Reported in: I(2006)ACC566; 2006ACJ1306
Deepak Verma and Ashok Kumar Tiwari, JJ.1. This appeal under Section 173 of the Motor Vehicles Act, 1988, has been preferred by the claimants against the award dated 28.11.2002 passed in Claim Case No. 155 of 2000 by 14th Additional Member, Motor Accidents Claims Tribunal, Indore.2. One Chandulal Vyas had met with a motor road accident on 27.9.1998 while he was travelling as bona fide passenger in an Ambassador car bearing registration No. MH 15-E 444. The said car was owned and driven by respondent No. 1 at the relevant point of time and was insured with respondent No. 2. Due to rash and negligent driving of the car by respondent No. 1, the same landed in a ditch in which Chandulal Vyas, a passenger, sustained bodily injuries and succumbed to the same. He was aged about 57 years at the time of accident and was working as Chief Manager with Central Bank of India. The aforesaid facts have not been disputed by learned Counsel appearing for the respondent. Appellants, i.e., wife, son and ...
Shyamlal Vs. Sudhir and ors.
Court: Madhya Pradesh
Decided on: Aug-10-2005
Reported in: IV(2005)ACC91
ORDER1. Feeling aggrieved by the award dated 14.11.2002, passed in Claim Case No. 903/2002 by 1st Additional Member, Motor Accident Claims Tribunal, Dhar, the appellant has filed this appeal.2. For the injuries sustained by the appellant in a road motor accident he has been awarded a sum of Rs. 47,724/-. The facts giving rise to the accident are mentioned hereinbelow:On 15.7.2001, at about 8.30 in the evening, the appellant was travelling in a car bearing registration No. MP-14/E-7470. The car was being driven by respondent No. 1, owned by respondent No. 2 and insured with respondent No. 3. The car was travelling between Sardarpur and Dhar. Due to rash and negligent driving of the car, it dashed against a tree. Due to this, the appellant sustained bodily injuries. Hence, he filed a claim petition before the aforesaid Tribunal.3. According to the appellant, he was aged about 40 years at the time of the accident and was engaged in business of running a roadside restaurant. He was require...
Sunil Kumar Vs. Basant and ors.
Court: Madhya Pradesh
Decided on: Aug-10-2005
Reported in: IV(2005)ACC145
ORDER1. It has not been disputed before us that appellant herein Sunil Kumar, aged about 30 years, had met with a motor road accident on 17.10.2001. He used to work as a Hammal and Cleaner in the Trailor. At the time of the accident the said Trailor was being driven by respondent No. 2, owned by respondent No. 1 and insured with respondent No. 3. In the said accident this appellant had sustained 80% permanent disability due to amputation of his right hand from the shoulder joint and right leg above the knee.2. According to appellant he was getting Rs. 1,500/- per month as salary, but when his employer was confronted with one of the documents which he has sent to the Insurance Company claiming compensation, he admitted that appellant was being paid Rs. 1,000/- p.m. as salary. Working out the said income, the 6th Addl. Motor Accident Claims Tribunal, in M.V. Case No. 136 of 2002, decided on 22,7.2003, awarded a sum of Rs. 2,86,767/- under different heads. This appeal is for enhancement.3...
Halli Mysore Subbaraya Nagraj Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Aug-09-2005
Reported in: 2005(4)MPHT357; 2005(4)MPLJ449
ORDERA.K. Shrivastava, J.1. This petition was originally filed before the State Administrative Tribunal at Indore on 1-11-2001. However, on account of abolition of the Tribunal, this petition has been received by this Court for its adjudication.2. By this petition the petitioner has challenged the validity of Annexure A-7 dated 15-10-2001 issued by respondent No. 2 as well as order dated 16-10-2001 (Annexure A-8) passed by respondent No. 1 holding that the case of petitioner is not at par with that of Ashok Chandra Joshi and therefore the promotion order passed to the post of Assistant Engineer is erroneously given and the same has been withdrawn.3. The unfolded facts are that on 6-10-1967 vide Annexure A-1 the petitioner was appointed on the post of Overseer (Civil) on work charge establishment. The petitioner at the time of entering in his service was already holding diploma in Civil Engineering as he did this course in the year 1967. At the time of entry in his service, since there ...
Rajkumari Arora and ors. Vs. Raja Ram and ors.
Court: Madhya Pradesh
Decided on: Aug-09-2005
Reported in: II(2006)ACC361
S. Samvatsar, J.1. This appeal is filed by the claimants challenging award dated 19th March, 1997 passed by Fifth Member Judge, Motor Accident Claims 6 Tribunal, Gwalior in Claim Case No. 39/88, whereby the Claims Tribunal has dismissed the claim petition filed by the present appellants.2. The brief facts of the case are that appellant No. 1 are widow of deceased Ram Prakash Arora while appellant Nos. 2 to 5 are his sons and daughter. The claim petition was filed alleging that on 19thMay, 1986 the deceased Ram Prakash Arora f at about 1 O'clock in the noon was driving scooter, when he reached near President Hotel one tempo bearing No. CPH-5132, which was driven by respondent No. 1 Rajaram owned by respondent No. 2 and insured with respondent No. 3 dashed against the deceased Ram Prakash Arora. Deceased Ram Prakash Arora due to hand injury became unconscious on the spot and when he was took to the hospital, he died there.3. According to the claimants that the earning of the deceased was...
Dinesh Kumar Khare Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Aug-08-2005
Reported in: 2006(1)MPHT185; 2005(4)MPLJ10
ORDERA.K. Shrivastava, J.1. This petition was originally filed before the State Administrative Tribunal at Jabalpur on 14-12-1989. However, on account of abolition of the Tribunal, this petition has been received by this Court for its adjudication.2. By this petition, the petitioner is seeking following reliefs :-(i) The operation of the impugned order (Annexure R-1) may kindly be stayed as also the transfer made thereunder and the same be declared null and void.(ii) The respondent Nos. 1 and 2 be directed to not to give effect to the new Scheme of October, 1989 in so far as it related to abolition of the Time Bound Promotion Scheme with retrospective effect.(iii) (a) That the applicant is entitled to seniority as Reader from 1985 with all benefits thereunder.3. Plain and simple case of the petitioner is that after completing requisite years of qualifying service under the Time Bound Promotion Scheme the petitioner was promoted on the next higher pay scale vide order Annexure R-2, date...
Kaluram Rai Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Aug-08-2005
Reported in: [2005(107)FLR1126]; 2006(1)MPHT45; 2005(4)MPLJ357
ORDERA.K. Shrivastava, J.1. This petition was originally filed before the State Administrative Tribunal, Jabalpur on 7-1-1999, however, on account of abolition of the Tribunal, this petition has been received by this Court for its adjudication.2. Initially this petition was submitted for seeking relief in regard to acceptance of the joining report w.e.f. 19-5-1987 and to pay all the monitory benefits to the petitioner as well as seniority etc. On 11-1-1999 the Tribunal issued show- cause notice to the respondents and in the return the stand which has been taken by the respondents is that vide Annexure R-15, dated 6-2-1991 the petitioner has been punished by an order of removal after holding ex-parte departmental enquiry against him in which charges of his long absence has been found to be proved.3. The unfolded facts are that the petitioner, at the relevant point of time, was posted on the post of Senior Agriculture and Development Officer. Unfortunately he fell ill and he applied for ...
Amjad Vs. Angrej Singh and ors.
Court: Madhya Pradesh
Decided on: Aug-08-2005
Reported in: I(2006)ACC716; 2007ACJ149; 2005(3)MPLJ562
Deepak Verma, J.1. Appellant Amjad was aged about 21 years on 23.5.2002 and was working as a mason when he had met with a motor road accident on the said date. Accident had taken place due to rash and negligent driving of tanker bearing registration No. MP 09-KC 1788. The said tanker was being driven by respondent No. 2, owned by respondent No. 1 and insured with the respondent No. 3. Due to rash and negligent driving of the tanker the appellant had sustained bodily injuries and was required to undergo treatment for several months, initially in the M.Y. Hospital at Indore and thereafter in Verma Union Hospital, Indore. The aforesaid facts are not in dispute before us.2. For the permanent disability of 36 per cent sustained by the appellant in his left leg and shortening of leg by 2', Tenth Additional Motor Accidents Claims Tribunal, Indore in M.V. Case No. 77 of 2002 decided on 20.9.2004, awarded a sum of Rs. 1,30,000 together with interest at the rate of 6 per cent per annum from the ...
Deepa Singh and ors. Vs. Madhya Pradesh State Road Transport Corporati ...
Court: Madhya Pradesh
Decided on: Aug-08-2005
Reported in: 2007ACJ1577
Arun Mishra, J.1. These appeals have been preferred against the award dated 12.9.2002, passed by the Fifth Additional Motor Accidents Claims Tribunal, Rewa, in Claim Case No. 8 of 2000. Claimants have preferred M.A. No. 2273 of 2002 for enhancement of compensation, whereas the M.P.S.R.T.C. has filed M.A. No. 2331 of 2003 as insurer of the vehicle, United India Insurance Co. Ltd. has not been saddled with the liability to make the payment of compensation.2. Claimants preferred claim petition on account of death of Ravendra Bahadur Singh in an accident dated 17.5.2000. The deceased was travelling in bus (MP 22-B 7238) owned by the erstwhile M.P.S.R.T.C. The said bus met with an accident and had collided with truck No. KA 01-8588. The passengers travelling in the bus sustained injuries. The deceased, Ravendra Bahadur Singh also sustained severe head injury and was referred to the hospital at Jabalpur. He succumbed to the injuries on 21.5.2000. The deceased was teacher in Government Higher...
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