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 : Dec-15-2006
Reported in : 2007(3)ARBLR22(MP); 2007(2)MPLJ144
..... lr 285 (sc) but the same does not take away the effect of the appellate jurisdiction to be exercised by a court under sub-section (2) of section 37 of the 1996 act.section 42 of the 1996 act refers to applications and not to appeals.15. likewise, original civil jurisdiction is not exercised in the state of madhya pradesh by the high ..... and the arbitral proceedings shall be made in that court and in no other court.an order passed by a chief justice or his nominee under sub-section (6) of section 11 of the 1996 act may be a judicial order, as has been held by a seven judge bench of this court in s.b.p. & co. v. patel ..... for the work of installation, commissioning and monitoring of the capacitor banks at various divisions of the respondent.(c) interest @ 18% per annum as permissible under section 31(7) of the act.(d) rs. 10 lacs being the amount spent by the petitioner in forced litigation against the respondent.2. respondent filed a written statement containing denial of liability .....
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