Court : Madhya Pradesh
Decided on : Jul-13-2006
Reported in : I(2007)ACC305; 2007ACJ2877
..... ; misc. appeal no. 599 of 2003 and misc. appeal no. 609 of 2003. claimants have filed misc. appeal no. 599 of 2003 for enhancement of compensation under section 173 of the motor vehicles act, 1988. insurance company has also filed misc. appeal no. 609 of 2003 disputing its liability and the legal representatives of the owner of respondent varun ground water development ..... tribunal.5. first of all we have perused the cross-objection filed on behalf of the owner and driver of the vehicle. no statutory amount as required under section 173 of the motor vehicles act, 1988 has been deposited by the owner or driver of the vehicle for filing the cross-objection. therefore, on the face of it, the cross-objection is .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-20-2006
Reported in : (2006)204CTR(MP)555
..... or reference with the leave of the court, furnish proof of such withdrawal along with the intimation referred to in sub-section (2). '13. sub-section (2) of section 90 of the finance (no. 2) act, 1998 quoted above provides that the declarant shall pay the sum determined by the assessing authority within thirty days of the passing ..... the material particulars and, therefore, the designated authority should be at liberty to take action in accordance with the said proviso to sub-section (1) of section 90 of the finance (no. 2) act, 1998.11. in this appeal we are not called upon to decide as to whether the material particulars furnished with the declaration by ..... was pending before the concerned authority. he submitted that this view has also been taken by the supreme court while interpreting the provisions of sub-section (4) of section 90 of the finance (no. 2) act, 1998.9. in support of the aforesaid submissions, mr. chaphekar cited the decisions of the supreme court in union of india & ors. .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-20-2006
Reported in : 2006(4)MPLJ264
..... sudden on 22-3-2006, at the stage of addressing the court finally petitioner moved applications under section 91, cr.pc and section 311 of the cr.pc respectively.9. under section 139 of the negotiable instruments act a presumption is drawn against the drawer and in favour of the holder that unless the contrary is ..... prosecution witnesses were examined thereafter, petitioner herein entered in his defence and when the matter was at the stage of advancing final arguments then an application under section 91 of cr.pc was filed, wherein a request was made, summon fir lodged by the complainant (respondent herein) regarding theft of his gpf amount ..... of criminal procedure code, requesting to invoke the extraordinary jurisdiction of this court and to quash both these orders.2. the present petitioner is facing prosecution under section 138 of negotiable instruments act before learned jmfc, bhanpura, on the allegation that two cheques of rs. 50,000/- and rs. 75,000/- respectively issued by the present .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-25-2006
Reported in : 2008ACJ892
..... must be a causal relationship between the accident and the user of the motor vehicle for the purpose of maintainability of a claim under section 92-a of the act.(37) was the accident involving explosion and fire in the petrol tanker connected with the use of tanker as a motor vehicle? in our view, in the facts and ..... dealing with the concept of 'arising out of use of the motor vehicle' provided under section 92-a of the motor vehicles act, 1939, expressed the view as under:(27) the only other question which remains to be considered is whether the explosion and fire which caused injuries to the deceased son of the respondent can be said to ..... advert to other issues and accordingly dismissed the claim petition. being dissatisfied with and aggrieved by the said award the claimants-appellants have preferred the present appeal under section 173 of the act.7. mr. n.k. jain and mr. tiwari appearing for the appellants have submitted that the tribunal has grossly erred in holding that there was no .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-26-2006
Reported in : I(2007)ACC659
ORDERRajendra Menon, J.1. Appellants herein who are the parents of a child aged 4 years have filed this appeal seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Dabra in Claim Case No. 26/2000. It is the case of the appellant at their daughter Hemlata, a child of about 4 years died in a accident that took place in the afternoon at 2.00 p.m. on 17.10.1995 under Police Station Picchore when the child was playing in front of her house and a bus No. MP07 F 162 driven rashly and negligently came and dashed on the child who was standing 6 ft. away from the road. It is stated that Hemlata was dragged for more than 36 ft. and she died on the spot. Inter alia claiming a sum of Rs. 12,60,000 as compensation for death of the child claimants filed the application and the Claims Tribunal has awarded a sum of Rs. 80,000 along with interest at the rate of 12% per annum with effect from the date of filing of the claim application. Seeking enhancement of compensatio...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-31-2006
Reported in : 2008ACJ236
Arun Mishra, J.1. This appeal has been preferred by the claimant aggrieved by the award dated 28.10.2004 passed by the M.A.C.T., Shahdol in Claim Case No. 54 of 2003.2. In an accident dated 30.5.2003 when the deceased was going back to his house from bank after performing his duty, he was dashed by truck No. MP 18-6777 at Banganga Road. The truck was driven by Dharmendra Soni in a rash and negligent manner as per the claimant. The truck was owned by Sitaram Jajodia and insured with New India Assurance Co. Ltd. Satya Narayan Shukla sustained injuries. He was admitted in District Hospital, Shahdol from where he was referred to Jabalpur. He died while he was under treatment. Report was lodged at concerned police station. The deceased was earning a sum of Rs. 15,000 by way of salary from the bank. Claimants are widow and children of the deceased. They were dependent on earnings of the deceased. Compensation of Rs. 31,20,640 was claimed. The age of the deceased was 3972 years.3. The owner a...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-31-2006
Reported in : 2008ACJ250
..... month. total compensation of rs. 8,89,000 was claimed by the parents. after due investigation charge-sheet was filed against driver of tractor for commission of the offence under sections 279 and 304a of indian penal code.3. it was contended by the respondents, owner and driver, that a false criminal case was registered. charge-sheet was also filed based ..... a relative one. it is rather a comparative term. what constitutes negligence varies under different conditions and in determining whether negligence exists in a particular case, or whether a mere act or course of conduct amounts to negligence, all the attending and surrounding facts and circumstances have to be taken into account. in a case of contributory negligence, the crucial question .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-31-2006
Reported in : 2007ACJ2640
..... . v. swaran singh : air2004sc1531 , the apex court has held thus:(83) we have construed and determined the scope of sub-clause (ii) of sub-section (2)(a) of section 149 of the act. minor breaches of licence conditions, such as want of medical fitness certificate, requirement about age of the driver and the like not found to have been the ..... ii) xxx xxx xxx(iii) the breach of policy conditions, e.g., disqualification of driver or invalid driving licence of the driver, as contained in sub-section (2)(a)(ii) of section 149, have to be proved to have been committed by the insured for avoiding liability by the insurer. mere absence, fake or invalid driving licence or disqualification ..... to them is valid or not. thus where the owner has satisfied himself that the driver has a licence and is driving competently there would be no breach of section 149(2)(a)(ii). the insurance company would not then be absolved of its liability. if it ultimately turns out that the licence was fake the insurance company .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-01-2006
Reported in : 2007(1)MPHT278
..... my considered opinion did not commit any illegality in treating the instrument of agreement for sale as conveyance and demanding stamp duty with penalty from the petitioner under section 35(2) of the act before it could be admitted in evidence.9. if the petitioner decides not to pay the stamp duty and penalty as adjudicated by the trial court, the court ..... has to proceed under section 38 of the act. the trial court will have to send the original instrument to the collector who in turn will proceed under section 40 of the act. after the collector has dealt with the instrument under section 40(1)(2) of the act he will return the same to the trial court. as .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-17-2006
Reported in : I(2007)DMC692
..... also been explained by the apex court in hiralal v. state : 2003crilj3711 , wherein it is held that:the expression soon before is very relevant where section 113b of the evidence act and section 304b, ipc are pressed into service. the prosecution is obliged to show that soon before the occurrence there was cruelty or harassment and only in that ..... 'soon before ' is not defined. a reference to the expression 'soon before used in section 114 illustration (a) of the evidence act is relevant. it lays down that a court may presume that a man who is in the possession of goods 'soon after the theft, is ..... for the proof of an offence of dowry death as well as for raising a presumption under section 113b of the evidence act. the expression 'soon before her death' used in the substantive section 304b, ipc and section 113b of the evidence act is present with the idea of proximity test. no definite period has been indicated and the expression .....
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