Madhya Pradesh Court January 2007 Judgments
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Keshav Prasad Sahu Vs. Smt. Mamta Bai and ors.
Court: Madhya Pradesh
Decided on: Jan-03-2007
Reported in: 2007(2)MPHT247
ORDERArun Mishra, J.1. This appeal has been preferred by the owner on the short ground that insurer ought not to have been exonerated from making payment of compensation and right to recover the compensation from owner in case it is recovered from insurer.2. The factum of accident death of Hukum Singh, negligence of driver and factum of insurance of the vehicle are not in dispute.3. The only question agitated at Bar is with respect to liability of insurer on the ground that though driver held licence but it had expired as on the date on which accident took place, i.e., on 13-10-2003. Driver was issued the licence to drive the kind of a vehicle which he was driving in the year 29-2-1984. Licence was issued to drive Light Motor Vehicle. Licence was renewed on the next very day of accident, i.e., on 14-10-2003 for further period of 4-1-2015. Licence was valid upto 1-1-2003. There was no renewal from 1-1-2003 to 13-10-2003. On 13-10-2003 accident has taken place. There is no evidence on re...
Raj Bai and ors. Vs. Shashi Kant Pandey
Court: Madhya Pradesh
Decided on: Jan-02-2007
Reported in: 2007(2)MPLJ115
ORDERArun Mishra, J.1. This appeal has been preferred as against order dated 19-7-2005 passed by Civil Judge, Panna, in Guardian Ward Case No. 1/2004. The application was filed by Shashikant Pandey, father of Utkarsh, aged 5 years.2. It is not in dispute that Utkarsh for whose custody the case has been filed, is son of Shashikant Pandey born out of second marriage. Shashikant Pandey performed two marriages. First was performed in 1983, from which one daughter was born. First wife died in 1989, thereafter he performed marriage with Aradhana in the year 1990. Second wife Aradhana died on 9-10-2000 leaving behind two daughters and a son Utkarsh. Ekta Pandey daughter born out of first wedlock and two daughters born out of second wedlock are residing with father is not in dispute. Aradhana died, as she caught fire accidentally. Age of Utkarsh was 10-11 months at the time of death of second wife Aradhana.3. It was averred in the application that son Utkarsh was taken by mother-in-law and mat...
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