Court : Madhya Pradesh
Decided on : Mar-10-2003
Reported in : 2004ACJ1054
Bhawani Singh, C.J.1. This appeal is directed against the award of Motor Accidents Claims Tribunal, Jabalpur in M.V.C. No. 57 of 1995 dated 12.1.1996.2. Shortly stated, when Gulab Kachhi (deceased) was getting down from Tempo on 8.7.1993 at about 4.30 p.m., jeep No. MUK 91 owned and driven by Janak Raj and insured with United India Insurance Co. Ltd., hit the deceased resulting in serious injuries. He was shifted to the hospital where he died on 10.7.1993.3. The allegation is that the accident took place due to rash and negligent driving of the jeep by the driver. The deceased was 50 years old with good health. He was the sole earning member of the family and was earning Rs. 60-70/- per day. He could live up to 70 years. The compensation of Rs. 3,60,000/- with interest at the rate of 18 per cent per annum has been claimed. The owner-driver states that he was not driving the jeep nor the deceased was alighting from Tempo. He was not hit by him, nor was he driving the jeep rashly and neg...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-01-2003
Reported in : [2004]134TAXMAN303(MP)
..... . it is not disputed before us that the decision which have been rendered by other high courts making amended rule as intra vires have not referred to section 17(2) of the act but the said high courts have categorically held that there has been no transgression in making of the rules. in view of the obtaining factual matrix and ..... based on latest published all-india census.'12. it is submitted by mr. h.s. shrivastava, learned senior counsel and mr. sumit nema that without amending section 17(2) of the act the rule could not have been amended. per contra, it is submitted by mr. rohit arya that the concept of concession has been totally misconstrued by the ..... which has come into force runs in oppugnation to the main provision and as there is transgression it has travelled beyond the rule making power as stipulated under section 295 of the act. reference has been made to the old rules to show how that had been interpreted by various high courts and how the present rule if studiedly scrutinised .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-13-2003
Reported in : II(2004)DMC256
a.k. awasthy, j.1. appellant/petitioner has filed this appeal under section 28 of the hindu marriage act against the judgment and decree dated 10.10.1996 passed by the ixth additional district judge-indore in hindu marriage case no. 273/1991, against the order of fixing of .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-25-2003
Reported in : I(2004)ACC671; 2004ACJ846
Deepak Verma and S.K. Seth, JJ.1. Mr. Manish Jain, learned counsel for the appellants, none for respondent Nos. 1 and 2 though served and Mr. Anil Goel, learned counsel for respondent No. 3.2. With consent arguments heard. This appeal has been preferred for enhancement of compensation awarded by the M.A.C.T., Shajapur in Claim Case No. 103 of 2002.3. For the death of Makbul alias Kallu Khan, Claims Tribunal by the impugned award dated 28.9.2002 has awarded a sum of Rs. 2,97,500 to claimants-appellants. Appellant No. 1 is the widow, appellant Nos. 2 to 4 are the minor children and the appellant Nos. 5 and 6 are the parents of the deceased. At the time of the accident, the age of the deceased was only 26 years and he was working as a TV mechanic. It is alleged that the deceased used to earn Rs. 3,300 per month. After analysing the evidence, Tribunal came to the conclusion that the respondent No. 2 driver of the offending truck bearing registration No. TN 28-Y 8437, which was coming from ...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-16-2003
Reported in : 2004ACJ1075
Deepak Verma and S.K. Seth, JJ.1. A young girl aged 16 years met with the tragic death when the respondent No. 1 while driving tractor-trolley, could not control it while negotiating the turn, as a result, the trolley turned turtle. The deceased was standing on the road, came beneath it and died on account of the said accident.2. The appellants are the parents of the deceased Mamta. At the time of accident she was only 16 years old.3. The Tribunal below, on the basis of the evidence has awarded only an amount of Rs. 1,00,000 as compensation to the appellants. They are before us in appeal for enhancement.4. The finding of the Tribunal, that respondent No. 1 was responsible for causing the accident on account of his rash and negligent driving, has not been assailed before us, hence, it is hereby confirmed. The finding that offending vehicle was insured with respondent No. 4 has also not been challenged before us, therefore, the same is also hereby confirmed.5. The only question, which re...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-22-2003
Reported in : 2004ACJ132
Bhawani Singh, C.J.1. Through this appeal the award of the Motor Accidents Claims Tribunal, Katni, in Claim Case No. 62 of 1989, dated 27.3.1996 has been challenged.2. Briefly stated, the accident took place on 9.5.1989 when truck No. CPQ 6301, being driven rashly and negligently, dashed against a Fiat car No. MWZ 176. As a result of this head-on collision, deceased occupant of Fiat car died. The Claims Tribunal holds that the accident took place due to rash and negligent driving of the truck by its driver and there was no negligence by the driver of the Fiat car. At the time of accident, deceased was earning Rs. 3,000 per month. Against the claim of Rs. 3,000 per month as income, the Claims Tribunal holds that the deceased may be earning Rs. 1,500 per month and after deducting 1/3rd towards personal expenditure, yearly dependency has been fixed at Rs. 10,000. Consequently, after applying multiplier of 16, compensation amount of Rs. 2,50,400, carrying interest at the rate of 12 per cen...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-28-2003
Reported in : [2004]137TAXMAN358(MP)
..... an application under section 26(1) of the act for drawing of a statement of case and refer the question of law to this court for answer of the same. accordingly the tribunal has drawn up ..... undivided family can make a gift of certain joint family property to his wife and that there is no obstacle or impediment in the way of applicability of section 5(1)(viii) of the act. similar view was expressed by the punjab & haryana high court in the case of cgt v. hari chand .9. in this context, we may profitably ..... huf to the wife or any member of the huf from the assets of the huf would not come under the conception of exemption as postulated under section 5(1)(viii) of the act. the tribunal declined to accept the aforesaid contention raised by the revenue and dismissed the appeal.3. after being unsuccessful in the appeal the department filed .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-09-2003
Reported in : II(2004)ACC397; 2004ACJ113
Bhawani Singh, C.J.1. This appeal is directed against the award of Motor Accidents Claims Tribunal, Katni, in M.A.C.T. No. 18 of 1998, dated 28.1.2000.2. The claimants are wife and daughter of late Harish Khatwani, who died in the motor accident on 1.6.1997 when he was going to Rewa by jeep No. MP 17-A 3222 and truck No. MCY 2634 owned and driven by Habibullah (respondent No. 1), rashly and negligently, collided with it. The deceased suffered serious injuries. He was referred to the Government Hospital, Rewa, then to Jabalpur, but he died due to fractures and head injuries. He was 25 years old at the time of accident. He was Manager in two General Stores owned by his brothers, earning Rs. 4,100 per month.3. Owner/driver did not contest the claim, therefore, was proceeded ex pane. While the insurance company has stated that owner, driver and insurance company of the jeep ought to have been impleaded party to the case and the drivers of the truck and jeep did not possess valid driving li...
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-01-2003
Reported in : [2003]132TAXMAN113(MP)
..... in the agreement that the possession has been handed over to the purchaser, therefore, the transaction cannot be said to be a transfer within the meaning of section 2(47) of the act during the relevant assessment year. to bolster his contention, he has placed heavy reliance on the case of chaturbhuj dwarkadas kapadia v. cit : [2003]260itr491( ..... vehemently contended by him that the possession was not delivered to (the purchaser and, therefore, the transaction was not a transfer within the meaning of section 2(47) of the act. the learned counsel for the assessee by inviting our attention on the various conditions of the agreement dated 11-8-1990 has contended that there is ..... the facts and circumstances of the case, the tribunal was justified in concluding that the appellant had transferred the property in dispute within the meaning of section 2(47) of the act during the assessment year 1991-92 ?2. whether the order of the tribunal is perverse and is based on the material not on record ?'2. .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-20-2003
Reported in : III(2003)ACC199
..... income of the deceased. when there is no evidence on record about income, the tribunal can consider the structured formula of notional income as per ii schedule under section 163a of the motor vehicles act. therefore, in this case even if the notional income of rs. 15,000.00 per year is taken into consideration, the yearly dependency would come to rs ..... order1. appellants/claimants have filed this appeal under section 173 of the motor vehicles act, for enhancement of compensation being aggrieved against the award dated 22.2.2001 passed by second additional motor accident claims tribunal, mandsaur, in claim case no. 139/2000.2. the .....
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