Madhya Pradesh Court September 2006 Judgments
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Sumitra Sana Vs. Ramsakha Chourasia and ors.
Court: Madhya Pradesh
Decided on: Sep-19-2006
Reported in: 2007ACJ1718
Arun Mishra, J.1. Out of these four appeals, three appeals arise out of Claim Case No. 30 of 2004 and M.A. No. 1874 of 2006 arises out of Claim Case No. 28 of 2004.2. The appellants are aggrieved by common award dated 13.1.2006 passed by Fifth Additional M.A.C.T. (Fast Track), Satna. In an accident dated 17.5.2004 when the deceased Samreen Sana was travelling in bus No. MP 17-A 4835, it collided with JCB machine. Bus was driven by Ram sakha Chourasia, owned by Prahlad Singh and insured with Oriental Insurance Co. Ltd. whereas JCB machine was driven by Rajesh Maruti. It was owned by Ramakant Pandey and insured with New India Assur ance Co. Ltd.3. The Claim Case No. 30 of 2004 was filed by widow of late Samreen Sana. Deceased was senior engineer. Claimants alleged negligence of driver of the bus. Bus was driven in a rash and negligent manner as per claimants. Age of deceased Samreen Sana was 26 years. Salary of the deceased was Rs. 25,000 per month. He was in the service of Tata Telecom ...
Bhura Vs. Manohar Singh and ors.
Court: Madhya Pradesh
Decided on: Sep-19-2006
Reported in: 2008ACJ653
A.M. Sapre, J.1. Mr. R.C. Chhazed, learned Counsel for the petitioner. Heard on the question of admission as also finally because looking to the nature of controversy it is not necessary to hear any of the respondents.2. This revision is filed by the claimant under Section 115 of the Civil Procedure Code, 1908, challenging the order dated 15.5.2006 passed by Second Additional M.A.C.T., Mhow in Claim Case No. 15 of 1997. Facts of the case lie in a narrow compass. They, however, need to be mentioned in brief.3. Claimant filed a petition under Section 166 of Motor Vehicles Act before the Claims Tribunal claiming compensation for the injuries sustained by him in the accident being Claim Case No. 15 of 1997. By award dated 25.7.2000, the learned Member of the Tribunal allowed the claim petition in part and awarded a total sum of Rs. 1,58,250 together with interest payable on the said amount at the rate of 12 per cent per annum to the claimant. This award was challenged by the claimants by f...
Sitabai and ors. Vs. K.B. Saxena and anr.
Court: Madhya Pradesh
Decided on: Sep-18-2006
Reported in: I(2007)ACC446
ORDERN.K. Mody, J.1. Being aggrieved by the award dated 27.3.2004 passed by MACT, Narsingharh, District Rajgarh in claim cash No. 55 of 2003 whereby the claim petition filed by the appellants has been dismissed, the present appeal has been filed.2. Short facts of the cash are that a claim petition was filed by the appellants alleging that in a motor accident, one Mangilal died who happened to be husband of appellant No. 1 and father of appellant Nos. 2 to 5. In the claim petition it was also alleged that accident took place with the vehicle bearing registration No. MP-20W 2069 which was being driven by the deceased Mangilal, owned by respondent No. 1 send insured with respondent No. 2. Claim petition was contested by respondent No. 2 on various grounds including the ground that since the offending vehicle was being driven rashly and negligently by the deceased Mangilal himself, the claim petition deserves to be dismissed.3. Learned Tribunal framed the issues, recorded the evidence and ...
Chandubai and anr. Vs. National Insurance Co. Ltd. and ors.
Court: Madhya Pradesh
Decided on: Sep-15-2006
Reported in: II(2007)ACC270
ORDER1. In this appeal preferred under Section 173 of the Motor Vehicles Act, 1988 the claimant appellants have called in question the legal propriety of the award passed by the Motor Accident Claims Tribunal, Kukshi in Claim Case No. 67/05 whereby the Tribunal while accepting that the deceased Gambhirsingh was engaged in digging through a machine had determined his yearly income at Rs. 30,000 and further relying on the post-mortem report which indicated that he was 55 years of age has applied the multiplier of 11 and accordingly fixed the amount of compensation at Rs. 2,27,000 which also includes compensation on two heads, namely, loss of consortium and funeral expenses.2. It is worth noting here that the learned Counsel for the appellant did not dispute at the bar any other facet except the factum relating to the age and the determination of multiplicand and multiplier by the Tribunal. First we shall deal with the income. The Tribunal has accepted on the basis of material on record t...
Mahendra Singh and ors. Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Sep-15-2006
Reported in: 2006(4)MPLJ464
ORDERA.K. Gohil, J.1. The petitioners, who are husband, brothers-in-law, in-laws and sister-in-law of the respondent No. 2 wife, have filed this petition under Section 482 of Criminal Procedure Code against the order dated 21-3-2006 and for quashing the proceedings of Criminal Case No. 134/04 pending before the Additional Chief Judicial Magistrate, Gwalior, for the offences under Section 498A, IPC.2. In nutshell the case of the petitioners is that the marriage of petitioner No. 1 - Mahendra Singh with respondent No. 2 - Smt. Sunita took place on 29-1-2003 as per the Hindu Customs and rites at Dabra. Petitioner Nos. 2 and 3 are brothers-in-law (Jeth and Devar), petitioner No. 4 is father-in-law and petitioner No. 5 is mother-in-law and petitioner No. 6 is sister-in-law (Jethani) of the respondent No. 2-wife. On 18-7-2004 the respondent No. 2 wife lodged FIR at Mahila Police Station, Padav, District Gwalior against the petitioners that they used to harass, demand dowry, beat her and prac...
Raj Kumari Singh and ors. Vs. Rambeer and ors.
Court: Madhya Pradesh
Decided on: Sep-15-2006
Reported in: 2008ACJ36
Arun Mishra and Sushma Shrivastava, JJ.1. This appeal has been preferred by the claimants seeking enhancement of compensation aggrieved by an award dated 11.12.2003 passed by Ninth Additional Motor Accidents Claims Tribunal, Jabalpur in M.V.C. No. 45 of 2002.2. In an accident dated 2.6.2001 when Rajendra Singh was going in his Maruti van No. MP 21-2488 near village Gint, he was dashed by a truck No. HR 38-E 1278. Truck was driven as per the claimants at excessive speed and dashed the car of the deceased, consequently Rajendra Singh died and another person sustained injuries. Truck was driven by Rambeer alias Arvind, owned by Jaswant Singh and insured with New India Assurance Co. Ltd. Rajendra Singh was driving a Maruti van. He was travelling from Jhansi to Jabalpur along with G.P. Vishwakarma and Ram Bai on Sagar-Jhansi Road, NH 26, accident took place near village Gint in spite of the fact that deceased stopped Maruti van on one side, still driver of the truck dashed the stationary Ma...
Subelal and ors. Vs. Phulbhansha and ors.
Court: Madhya Pradesh
Decided on: Sep-14-2006
Reported in: 2008ACJ231
Arun Mishra, J.1. These appeals have been preferred by the claimants dissatisfied with the quantum of compensation awarded by the learned Motor Accidents Claims Tribunal, Chhindwara in Claim Case Nos. 83 of 2002 and 6 of 2003 as per award dated 11.5.2004.2. M.A. No. 1807 of 2004 has been filed by the claimants, Subelal and others claiming compensation on account of death of Raju aged 24 years. Claim petition has been filed by the widow, daughter, parents and sister of the deceased. Tikaram has filed Claim Case No. 6 of 2003. He has preferred M.A. No. 1810 of 2004. He also sustained injury in the accident, perforation in the abdominal area. He was operated upon.3. Deceased Raju and claimant Tikaram had gone to forest to load sand. Tractor was driven by Phulbhansha alias Phulla, owned by Waseem Ahmed and insured with New India Assurance Co. Ltd. Owing to rash and negligent driving, tractor turned turtle. Raju sustained severe injuries. He died on the spot. His age was 24 years. He used t...
Ramesh Kuraria Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Sep-14-2006
Reported in: 2008ACJ163
Arun Mishra, J.1. This appeal has been preferred under Section 23 of the Railway Claims Tribunal Act, 1987 by the appellant aggrieved by judgment dated 22-3-2002.2. Late Sanjay Kuraria in an effort to board 1390 Up Allahabad-1tarsi Passenger on 23-5-98 at Sihora Road Station fell down from the train and was run over by it, as a result of which he died on the spot. The case was set up by the appellant that late Sanjay Kuraria faced too much difficulty in boarding the train as both sides doors of each compartment were jammed and occupied by firewood loaded by the woodcutters illegally and unauthorizedly as per daily routine and practice. He slipped down while boarding the train at Sihora road.3. The Railways in the written statement denied that late Shri Sanjay Kuraria fell down from the train on the contrary as per the record. this is a run over case. Their stand is that case does not fall within the scope of Section 123 of the Railways Act, 1989 (hereinafter referred to as 'the Railway...
Urmila @ Uma and ors. Vs. Rajendra and ors.
Court: Madhya Pradesh
Decided on: Sep-14-2006
Reported in: I(2007)ACC795; 2008ACJ286
Dipak Misra, J.1. The claimant-appellants have called in question the legal propriety of the award dated 12.12.2003, passed by the Motor Accident Claims Tribunal, Shajapur (in short 'the Tribunal'), in Claim Case No. 83/2003 whereby the Tribunal being moved by an application preferred under Section 166 of the Act by the legal representatives of the deceased Mahesh Prasad Saxena, a constable, aged about 44 years, who was working in the M.P. Police and getting salary of Rs. 6,229, granted compensation of Rs. 6,37,100, which included Rs. 10,000 towards love and affection and another Rs. 10,000 towards expectation for life.2. The factum of accident, the validity of insurance policy, non-breach or conditions of licence, the income of the deceased, the aged of the deceased and other ancillary and subsistence facts, which are essential to be addressed for the purpose of adjudication of claim are not disputed by the learned Counsel for the parties. The cavil, in essence, relates to quantum.3. ...
Kamlesh Vs. Madan Singh and ors.
Court: Madhya Pradesh
Decided on: Sep-13-2006
Reported in: 2008ACJ373
W.A. Shah, J.1. M.S. Jain, learned Counsel for the appellant. Learned Counsel is heard on LA. No. 5598 of 2006.2. This is an application for dispensing the appellant with the need of depositing the statutory deposit under the provisions of Section 173 of the Motor Vehicles Act, 1988 ('the Act' hereinafter). It is submitted by the learned Counsel for the appellant that the appellant is the owner of the concerned motor vehicle and learned Tribunal has directed the insurer to first make the payment and may then recover it from the owner. He has submitted that under these circumstances the first proviso attached to Section 173 of the Act is not attracted therefore, this application may be allowed. He has relied upon Abdul Rahiman v. Rajan : 2004(2)KLT1113 , therein it has been held as under:Motor Vehicles Act, 1988, Section 173(1), first proviso-Appeal-Prerequisite of deposit-Insurance company directed to deposit the amount awarded by Tribunal and after satisfying the award insurance compa...
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