Court : Madhya Pradesh
Decided on : Sep-27-2006
Reported in : II(2007)ACC307
S.K. Kulshrestha, J.1. By this appeal, appellant challenged inadequacy of the compensation of Rs. 2 lakh awarded by the learned XIX MACT, Indore vide award dated 31.3.2004. Learned Counsel for the appellants submits that the award of compensation in lump sum has been deprecated and in each case the income should be assessed and applying proper multiplier, compensation should be awarded.2. Since the controversy before us is confined to the adequacy or otherwise of the compensation, we need not refer to other facts except that when the deceased was travelling in a Maruti car along with his friend, it collided with the offending vehicle bearing registration No. NH-04-H-4838.3. Learned Counsel for the appellants submits that income of the deceased was Rs. 3,500 as evidenced from his salary certificate (Ex. P/6). However, since the deceased was commuting to Ghatabillod for work, we are of the view that he must, at least, be spending Rs. 500 on fare. The net salary thus comes to Rs. 3,000 pe...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-28-2006
Reported in : II(2007)ACC410; 2006(4)MPLJ432
..... . n.d. singhal, learned counsel for the claimants submitted that virtually it is a case of third party risk and in view of the provisions of section 147 read with section 149 of the motor vehicles act, the insurance company cannot be exonerated from its liability even if it is found proved that the cheque was dishonoured or policy was cancelled. he submitted ..... this high court in the case of national insurance co. limited v. smt. khelli bai and ors. 2000 (2) mpjr 2811. it is true that under section 147 read with section 149 of the motor vehicles act, it is the duty of the insurance company to satisfy the claim of the third party risk. so far as the question of liability of the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-05-2006
Reported in : AIR2007MP118
..... manufacturing unit but only a storage depot for military ammunitions and explosives and no chemical substance having danger to the public is stored in the said depot.8. sections 3 and 4 of the act on which reliance is placed by the petitioner are quoted here in below:section 3.(1) where death or injury to any person ( ..... be utilised for paying relief under the award made by the collector under section 7 of the act in accordance with provisions of the act and scheme made under sub-section (3) of section 7a of the act. he submitted that sub-section (3) of section 7a of the act further provides that the central government by notification will make out a scheme ..... fund remain unutilized and has not been disbursed in accordance with the previsions of sub-section (3)(b) of section 7 and sub-section (2) section 7a of the act. the discretion vested in the central government under sub-section (3) of section 7a of the act thus is coupled with a duty to make and notify a scheme once the contributions .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-11-2006
Reported in : 2007CriLJ3313
..... order and submits that due to cruel treatment and harassment by the applicant/accused to her husband, narendra chatar husband committed suicide, therefore, prima facie charge under section 306, ipc is clearly made out against the applicant and learned trial court has rightly ordered for framing of the aforesaid charge against the applicant and no ..... has ever instigated the deceased for the commission of suicide and thus, learned trial court has committed error by the aforesaid order for framing of the charge under section 306, ipc against the applicant, in view of that, prayed for setting aside of the impugned order and for discharge of the applicant/accused.5. learned ..... in view of the aforesaid facts and the evidence on record, in my considered opinion, being an expensive wife, this act of the applicant/accused herself cannot come within the purview of the provisions of section 107, ipc for instigation of commission of suicide.]9. in view of the overall facts of the case, in my considered .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-11-2006
Reported in : 2007(2)MPLJ74
..... intended to operate.15. accordingly, when the material words are capable of bearing two or more constructions, it is desirable to consider the following matters in construing various sections of the act:1st - what was the law before the making of the amendment ?2nd - what was the mischief and defect for which the law did not provide ?3rd - ..... in itself is not an enacting provision and is not of the same weight as an aid to construction of a section of the act as are other relevant enacting words to be found elsewhere in the act, but the same can still be looked into to arrive at the conclusion the purpose for which the provisions have ..... extradition or otherwise, liable to be apprehended or detained in custody in india.21. the other relevant provisions are contained in the sections 166a and 166b of the code which were inserted by criminal procedure code (amendment act) 10 of 1990. these provisions read as under:166-a. letter of request of competent authority for investigation in a country .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-13-2006
Reported in : II(2007)ACC236; 2008ACJ265
order1. this appeal is filed by the claimants under section 173 of the motor vehicles act challenging award dated 9.5.2005 passed by xv additional member judge, motor accident claims tribunal in claim case no. 19/2004 whereby the claims tribunal has awarded an amount .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-27-2006
Reported in : 2008ACJ949
..... such licence was issued nor it exists in the record of the licensing authority and, therefore, such certificate is admissible in evidence as a public document under section 74 (1) (iii) of the evidence act. learned counsel for the insurance company drew my attention to the decision of this court in the case of oriental insurance co. ltd. v. mulayam bai : ..... 40 years. considering the above, it can be safely held that the deceased was 40 years of age and as such as per second schedule framed under section 163-a of the motor vehicles act, 1988, the multiplier of 15 would be applicable and on applying the multiplier of 15 (i.e., rs. 24,000 x 15 = rs. 3,60,000) ..... that the driver was competent to drive the vehicle. thus, the owner satisfied himself that the driver has a licence and is driving competently, there would be no breach of section 149 (2) (a) (ii) and the insurance company would not then be absolved of its liability.10. in the case of national insurance co. ltd. v. mannibai , the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-30-2006
Reported in : (2007)10VST349(MP)
..... would not form part of the sale price.17. though the arguments raised by the learned counsel for the applicant are attractive, but as per definition in section 2(h) of the cst act, the sale price excludes cost of freight or delivery if such cost is separately charged, which position emerges in this matter also, but the apex court ..... hindustan sugar mills ltd. v. state of rajasthan [1979] 43 stc 13.7. the learned counsel for the respondent submitted that as per the definition under section 2(h) of the cst act, it is very specific that the cost of freight or delivery or the cost of installation if separately charged is not included in the sale price. when ..... order dated august 2, 1996, as question involved in both the appeals was common.3. the question before the board was in respect of interpretation of section 2(h) of the central sales tax act, 1956 (hereinafter referred to as 'the cst') that the freight which was shown in the bills separately, but was not charged from the purchasers, though .....
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 : Nov-04-2006
Reported in : 2007ACJ682; AIR2007MP38; [2007(2)JCR115(MP)]; 2006(4)MPLJ5
..... dies subsequently for some other reason, cannot prosecute or continue to prosecute an application for compensation under sub-section (1) of section 166 of the motor vehicles act, 1988.12. section 1 of the legal representatives suits act, 1855, confers rights on the executors, administrators or representatives of any person deceased to maintain an ..... question of law referred to us.6. mr. devendra choubey, learned counsel appearing for the appellants, submitted that under sub-section (1) of section 166 of the motor vehicles act, 1988, an application for compensation arising out of an accident involving bodily injury to a person arising out of use of a ..... motor accident.11. in melepurath sankunni ezhuthassan v. thekittil geopalankutty nair : air1986sc411 , the supreme court observed that the principle contained in section 306 of the indian succession act, 1925, will apply not only to executors or administrators but also to other legal representatives. paragraph 8 of the judgment of the supreme .....
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