Court : Madhya Pradesh
Decided on : Apr-19-2006
Reported in : II(2006)ACC709
S. Samvatsar, J.1. This appeal is filed by the claimant challenging the award dated 7.9.1999 passed by Eighth Member Judge, Motor Accident Claims Tribunal, Gwalior in Claim Case No. 2/96 whereby the Claims Tribunal has dismissed the claim petition filed by the present appellants on the ground that the claimants have failed to prove that the accident has taken place with the car bearing number HYK 1, which was owned by respondent No. 2, driven by respondent No. 1 and insured by respondent No. 3.2. Brief facts of the case are that appellant No. 1 is the widow of deceased Babulal Batham and appellants 2 and 3 are his daughters. They filed a claim petition alleging that on 5.8.1995 at about 12.00 in the noon deceased Babulal Batham, a handcart-puller was taking his cart on the railway bridge near the University. In the cart, he was carrying a Fridge. At that time, respondent No. 1 who was driving the car dashed against him from the back side which caused him injuries due to which he died.3...
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 : Apr-29-2006
Reported in : (2007)7VST197(MP)
..... /sealing charges of rs. 2.25 per bottle.4. the petitioner m/s. vindhyachal distilleries pvt. ltd. got the registration certificate (p-6) under section 69 of the finance act. after registration the distillers demanded the service tax @ 10.2% on the packaging/sealing charges of rs. 2.25 per bottle from the retail contractors, ..... of the package is specifically included within the packaging activity and it is an independent activity than the process of manufacture as contemplated under section 2(f) of the central excise act, 1944, hence service tax was rightly levied, further considering the tender notice, it is clear that activity of bottling and sealing is ..... that activity of bottling, labelling and sealing of (plain/spiced) country liquor are covered as a packaging activity and attracts service tax under section 65(76)(b) inserted by finance act, 2005. the tax is payable on the value of the taxable service received by the service provider. accordingly such distillers/bottlers shall pay .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-04-2006
Reported in : II(2007)ACC779
..... a sum of rs. 1,44,000 has been awarded which appears to be on lower side. the deceased was aged 30 years, as per second schedule of motor vehicles act the multiplier ought to have been 17. the appellants are entitled for the following amount:-----------------------------------------loss of dependency rs. 2,04,000towards funeral expenses rs. 2,000loss of consortium rs .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-04-2006
Reported in : 2008ACJ816
..... motor vehicles act, it is provided that any of the legal representatives can file the claim petition. widow even after remarriage continues to be the legal representative of her husband as ..... considered the fact that the word 'dependant' does not find place in section 110 of the old motor vehicles act as well as in section 163 of the motor vehicles act, 1988. the principles of fatal accidents act are now not available to the claim petition decided under the motor vehicles act. this view has been taken by the apex court in the case ..... of g.s.r.t.c. ahmedabad v. ramanbhai : [1987]3scr404 . under section 166 of the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-05-2006
Reported in : III(2006)ACC844; 2008ACJ331
..... of depedency is on lower side.27. coming to the question of liability of respondent no. 8 is concerned, the law is well settled after the amendment under section 147 of motor vehicles act, 1988.28. so far as the liability of insurance company is concerned, in the matter of national insurance company ltd. v. v. chlnnamma reported in iii ..... carriage other than a bona fled employee or the owner of the hirer except in accordance with rules. the word goods has been defined under section 2(13) of the motor vehicles act which does not include luggage are personal effect. the volume and the weight of the bags were relevant to determine whether the articles which were ..... capacity of owner of the goods at the time of accident, therefore, insurer cannot escape from the liability and his liability is statutorily covered under section 147 of the motor vehicles act and is jointly and severally liable to make payment of compensation.10. mr. manish jain further submits that claim case is not a plaint and .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-05-2006
Reported in : 2007ACJ2158
a.m. sapre, j.1. this is an appeal filed by the claimant who is legal representative of the deceased under section 173 of the motor vehicles act, 1988 against an award dated 19.2.2002, passed by learned second additional member, motor accidents claims tribunal, indore in claim case no. 327 of 1998. by impugned award, the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-17-2006
Reported in : 2006(3)MPLJ125
..... that conclusion. it cannot touch the merits of that plea in view of jurisdiction conferred upon the rent controlling authority in respect of landlords covered by section 23-j of the act. it is settled law that when an authority is created by statute and matter is committed to its jurisdiction, that authority alone is competent and ..... to the forum of the civil court.7. in nandlal (supra) following dhannalal (supra), a single bench of this court held as under:m.p. accommodation control act (41 of 1961), sections 11-a, 12(1)(a), (d), (e) and 23-j.- suit for eviction by widow landlady- composite plea of eviction- cannot be entertained by civil ..... discarding other matters and directing eviction of the defendant from the tenanted premises specified in plaint on the ground of bonafide requirement under section 12(1)(e) of the m.p. accommodation control act, 1961 ('act' hereafter).2. the respondent/plaintiff filed a suit against the appellant/defendant on 9-11-1998 for arrears of rent, eviction and .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-18-2006
Reported in : AIR2007MP8
..... the written statement that on the written report submitted by defendant, the police prima facie found that plaintiff has committed the offence, eventually, registered a case under section 354 and 506 ipc. the challan was rightly submitted in the competent court. it has been denied that on 3.8.1996 defendant along with prahlad and ..... kerala high court govind j. khona v. k. damodaran and ors. : air1970ker229 , it has been argued that unless and until it is proved that defendant acted without reasonable and probable cause a suit based on malicious prosecution cannot be decreed.17. in order to appreciate and to answer the above said substantial questions of law ..... seen that the defendant has initiated prosecution without himself holding an honest belief in the truth of the charge. thus, it cannot be said that he had acted upon reasonable and probable cause.19. in order to ascertain whether there was a reasonable and probable cause favouring defendant to prosecute the plaintiff it would be .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-19-2006
Reported in : 2007ACJ2100
..... from the different claim cases but relating to the same accident.2. the appellant owner of the offending vehicle has directed this appeal under section 173 of the motor vehicles act, in short 'the act' being aggrieved by the award dated 30-6-1997 passed by the additional motor accident claims tribunal, chhindwara in claim case no. 189/ ..... of the tribunal cannot be faulted, though it seems to have confused between a certificate of insurance and a policy while making a reference to the requirements of section 105.a further question that needs determination is whether in the absence of payment the cover note becomes ineffective and there was no policy which obliged the insurer ..... rickshaw was turned turtle and said namdeo karade and kamla bai were run over by the said truck and died on the spot. the offence was registered under section 304a of ipc against the respondent no. 5. the dead bodies of the deceased were sent to hospital where post-mortem was carried out and after holding investigation .....
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