Court : Madhya Pradesh
Decided on : Dec-15-2006
Reported in : 2008ACJ493
..... vicarious liability without any negligence is opposed to the basic principles of law. here in the present case also there was no pleading in an application under section 166 of the act that there was mechanical defect in the vehicle. the appellants during pendency of the claim petition filed an application for amendment on 19.4.1996. application was ..... company by reasons of endorsement no. 16 had agreed to indemnify the insured even as against the liability that they arise under the common law and under section 110aa of the act and dependants are given a choice of filing a claim petition before the motor accidents claims tribunal or the commissioner for workmen's compensation, as the ..... truck was insured with new india assurance co. ltd., respondent no. 5.3. the appellants who are legal heirs of the deceased filed a claim petition under section 166 of the act claiming compensation of rs. 12,80,000 on the ground that the deceased was driver of the truck and he was earning rs. 2,000 as monthly .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-13-2006
Reported in : 2007(1)MPLJ276
..... revenue code is not applicable because the code itself did not come into existence on that date and, therefore, ownership rights of natthu would devolve in accordance to section 8 of the hindu succession act.15. resultantly, this appeal is found to be devoid of any substance and the same is hereby dismissed with cost. counsel fee rs. 1500/-, if pre- ..... of the m.p. land revenue code, as it stood before its amendment by the m.p. no. 38/61 or will be governed by section 8 of the hindu succession act ?8. it has been vehemently argued by shri k.n. agrawal, learned counsel for appellant that since natthu has died in the year 1960 i.e., after coming ..... property of the owner of the agricultural land and, therefore, since natthu died after coming into force of hindu succession act, 1956 (for brevity 'the act of 1956'), therefore, the devolution shall take place in terms of section 8 of the said act. it has also been putforth by him that the sale deed executed by defendant no. 1 chhabi rani in favour .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-13-2006
Reported in : 2007ACJ2031
..... land enacted by the legislature. in support of his contention learned counsel appearing for the appellant made reference to sections 147, 149 read with relevant clause of section 2 (definition section) of the motor vehicles act, 1988 (for short 'the act'). according to him as per policy, appellant had covered the third party risk and the risk of driver only ..... of this court that the insurance company could not be held liable to pay the amount of compensation to the claimants. the word 'tractor' is defined under section 2(44) to mean motor vehicle which is not itself constructed to carry any load except the equipment required for the purpose of propulsion of tractor. propulsion is ..... not defined, therefore, one has to look to the ordinary dictionary meaning. as per chamber's dictionary (deluxe edn.) 'propulsion' is a noun and means 'the act of causing something to move forward; force which causes forward movements'. it is, thus, clear that the only load which can be carried on a tractor is of .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-27-2006
Reported in : 2006(3)MPLJ329
..... short 'the tribunal') in claim case no. 26/99.2. the facts in a nut shell are that the respondent nos. 1 and 2 initiated an action under section 166 of the act on the foundation that on 13-2-1999 their son, jagdish, aged about 15 years was travelling in a bus bearing registration no. mp.15-d/5695 from ..... on the roof top contributes to the accident is correct and we are in respectful agreement with the same keeping in view the statutory provision engrafted under section 123 of the motor vehicles act. once we have accepted that such a passenger would be liable for contributory negligence we are disposed to state that such contributory negligence should be determined at ..... oriental insurance co. ltd. v. jashmani kongari and anr. , a similar question arose and the learned single judge of high court of jharkhand placing reliance on section 123(2) of motor vehicles act came to hold as under:1...on perusal of exh. 3, it was found that a premium of rs. 2,310 was paid for 21 passengers against third .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-04-2006
Reported in : 2008ACJ466; 2007(2)MPHT365; 2007(1)MPLJ302
..... on 16-11-1991.20. a division bench of this court in ishwar singh v. ashok kumar and ors. 2001 act 1714 has held considering sections 147(5) and 149(1) of the act and section 64vb of the insurance act, 1938, that dishonouring of cheque after issuance of certificate of insurance which includes the cover note does not affect the rights ..... gangman in cpwi department of railway and his salary was rs. 4905/- per month.4. the legal representatives of the deceased pawan lodhi filed claim petition under section 166 of the act before the tribunal against the owner, driver and insurer of tanker claiming compensation to the tune of rs. 6,15,000/- on the ground that at the ..... severe injuries, he was immediately taken to the hospital, but during treatment he died.3. the legal heirs of the deceased hannu kushwaha filed claim petition under section 166 of the act before the tribunal against the owner, driver and insurer of tanker claiming compensation to the tune of rs. 15,44,200/- on the ground that at the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-25-2006
Reported in : 2006(4)MPLJ201
..... his hand but he has not inflicted any farsa blow on the vital part of the body, therefore his submission was that casa will fall only under section 304 part ii read with section 34 ipc. his further submission was that the amount of fine may be enhanced. in reply learned counsel for the respondent state shri m.p.s. ..... question for our consideration is that whether the appellants are assailants and whether the case will fall within the purview of section 300 read with section 302 ipc and whether it will fall under section 304 part ii read with section 34 ipc.7. there is no dispute that during trial one accused prem narayan died and the case remained only ..... under section 304 part ii ipc.13. it was contended that the appellant gendalal, nanno lal and parvat singh have suffered jail sentence of more than six and half years and appellant kailash has suffered jail sentence of one year, therefore they be released on undergone jail sentence. for appellant kailash it was argued that his over act has .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-02-2006
Reported in : 2006(4)MPLJ358
..... minimum qualification has been laid down for the md course by the central council of indian system of medicine in exercise of powers under indian system of medicine central council act, 1970. it is provided that the degree course should have been completed in the first attempt for admission in md course. it has not been mentioned that the degree course .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-22-2006
Reported in : 2006(4)MPLJ428
..... 18, rule 4 cpc, on 8-9-2004, and had never raised any objection to the competence of the witness till 23-8-2005, and that under section 118 of the evidence act, the power of attorney holder was a competent witness who could depose on his behalf before the trial court.4. counsel for the petitioner also stated that the ..... he was not aware of any transaction entered into by his late mother and the plaintiff respondent, and for this purpose the power of attorney holder can depose under section 118 of the evidence act.9. whereas considering order 3, rules 1 and 2, cpc in its strictest interpretation would empower the holder of power of attorney to ..... only see whether an inferior court or tribunal had proceeded within its parameters and in exercising the supervisory power under article 227 of the constitution, the high court does not act as an appellate court or a tribunal. the same would not be applicable in the present case since the impugned order required interpretation of order 3, rule 1 of .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-05-2006
Reported in : 2006(3)MPLJ554
..... so the original application itself was returned to respondent no. 4. thereafter respondent no. 4 filed an election petition under section 122 of m.p. panchayat raj avam gram swarj adhiniyam, 1995 (hereinafter referred to as 'the panchayat act'). the sub-divisional officer after recording evidence of both the parties recorded following findings which appears in para 6 of the ..... either to direct recount or to change the results of the election. once the result is declared the only remedy of an aggrieved party is an election petition under; section 122.(13) in this case, as stated above, the appellant had been orally told that he had won. he only came to know that respondent no. 1 had ..... , he could not have approached the returning officer for recount. the only remedy, therefore, available to the appellant was to file an election petition.(14) in view of section 122 and the rules, we are unable to agree with the ratio laid down in ram rati's case. it is not correct to hold that, in an election .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-18-2006
Reported in : 2006(3)MPLJ570
..... only after the notification is issued. shri jain argues that these provisions have been incorrectly interpreted by the election tribunal for dismissing the petition. referring to section 19 of the act of 1993 shri jain points out that every election of sarpanch, up sarpanch and panchas shall be published by the prescribed authority in such manner as ..... words 'true copy' were not written above the signature in the copies. this court further held that there was substantial compliance with section 81(3) of the act and the petition could not be dismissed under section 90(3). that case applies with full force to the facts of the present case, and it must therefore, be held ..... definition of the 'returned candidate' as appearing in the rule 2(c) of the nirvachan niyam, 'ejection' as defined in section 67(a) of the representation of the people act and thereafter placing reliance on section 19 of the adhiniyam of 1993 and rule 90 of the rules of 1995 tried to emphasis that the petitioner had filed .....
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