Court : Madhya Pradesh
Decided on : Jan-24-2003
Reported in : 2005ACJ1935; AIR2003MP276
..... rs. 3,36,500/- (rupees three lac thirty six thousand five hundred).8. shri ruprah submits that insurance company is liable to pay compensation as per the workmen's compensation act, which is rs. 1,53,600/-. we do not appreciate this contention. perusal of insurance policy does not stipulate it, therefore, it cannot be said that the liability of insurance ..... policy is limited to something less than the award being passed in this case, the amount under the workmen's compensation act, 1923.9. consequently, the appeal is allowed. award is set aside. the claimants are held entitled to compensation of rs. 3,36,500/-{rupees three lac thirty six thousand five .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-23-2003
Reported in : 2003CriLJ4426; 2003(3)MPHT74; 2003(3)MPLJ31
..... as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to show that within all probability the act must have been done by the accused and the accused alone.' (iii) in sharad birdhichand sarda v. state of maharashtra, air 1984 sc 1622, the following principles were enunciated :-- '152 ..... of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused.' (iv) in prem thakur v. state of punjab, air 1983 sc 61, chief justice y.v. chandrachud, speaking for the court, observed in ..... orderbhawani singh, c.j.1. this appeal is directed against acquittal of accused for offence under section 302/34, indian penal code by order dated august 28, 1989, in sessions trial no. 79 of 1987 by additional sessions judge, umaria. 2. briefly, prosecution version is that accused .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-23-2003
Reported in : [2004]267ITR682(MP)
..... all other grounds, the appeal has been dismissed.8. it was also contended by learned counsel for the appellant that under the explanation appended to sub-section (6) of section 133a of the act, the survey was not conducted by the authority concerned. even though this ground was not taken specifically in the original appeal preferred by the appellant before ..... assessment years 1994-95 and 1995-96. a survey was conducted on the shop of the appellant-assessee on november 9, 1995. later on, a notice under section 148 of the act was issued to the appellant. upon an enquiry, it was found that certain cash credits and bank deposits were made in the books of account of the assessee ..... two cross appeals preferred by the assessee and the revenue. both were heard and disposed of by this common order.2. both the appeals are under section 260a of the income-tax act, 1961, which requires that the appeal in the high court can be admitted for hearing only when the court is satisfied that the case involves a .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-22-2003
Reported in : 2004ACJ132
Bhawani Singh, C.J.1. Through this appeal the award of the Motor Accidents Claims Tribunal, Katni, in Claim Case No. 62 of 1989, dated 27.3.1996 has been challenged.2. Briefly stated, the accident took place on 9.5.1989 when truck No. CPQ 6301, being driven rashly and negligently, dashed against a Fiat car No. MWZ 176. As a result of this head-on collision, deceased occupant of Fiat car died. The Claims Tribunal holds that the accident took place due to rash and negligent driving of the truck by its driver and there was no negligence by the driver of the Fiat car. At the time of accident, deceased was earning Rs. 3,000 per month. Against the claim of Rs. 3,000 per month as income, the Claims Tribunal holds that the deceased may be earning Rs. 1,500 per month and after deducting 1/3rd towards personal expenditure, yearly dependency has been fixed at Rs. 10,000. Consequently, after applying multiplier of 16, compensation amount of Rs. 2,50,400, carrying interest at the rate of 12 per cen...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-21-2003
Reported in : AIR2003MP117; 2003(2)MPLJ86
..... of the plaintiff.28. it be seen before the enactment of the present specific relief act, 1963, the earlier specific relief act of 1877 was in force. the equivalent section of section 16 of the present act was section 24 of the old act which reads as under :--personal bars to the relief : 24. specific performance of a ..... directed by the court :(ii) the plaintiff must aver performance of, or readiness and willingness to perform, the contract according to its true construction. section 19 of the act pertains the relief which the parties are entitled, which reads as under :--19. relief against parties and persons claiming under them by subsequent title.-- ..... contracts cannot be specifically enforced, namely :--(a) a contract for the non-performance of which compensation is an adequate relief;(b) to (d) ............... section 16 of the act relates to personal bars to relief, which reads as under :--16. personal bars to relief.--specific performance of a contract cannot be enforced in favour of .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-21-2003
Reported in : 2004ACJ1914
..... income of the deceased as rs. 50 per day and rs. 1,500 per month. as per second schedule appended to section 163a of motor vehicles act, 1988, the ratio of notional income of rs. 15,000 per year is applicable to non-earning person, but in this ..... ,000. in this case looking to the age of parents, the tribunal has applied multiplier of 12. as per second schedule appended to section 163a, in case of age of the deceased between 20 and 25 years, multiplier of 17 is applicable, but looking to the age ..... who denied the claim and submitted that the compensation should be recovered from the owner of the loading autorickshaw under workmen's compensation act and also objected that the vehicle was not insured with the respondent insurance company and driver of the offending vehicle was not having ..... a.k. gohil, j.1. this is appellants-claimants' appeal under section 173 of the motor vehicles act for enhancement of compensation against the award dated 2.1.2002 passed by additional motor accidents claims .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-20-2003
Reported in : 2004ACJ1809
..... income of the deceased. when there is no evidence on record about income, the tribunal can consider the structured formula of notional income as per second schedule under section 163a of the motor vehicles act, 1988. therefore, in this case even if the notional income of rs. 15,000 per year is taken into consideration, the yearly dependency would come to rs ..... a.k. gohil, j.1. appellants-claimants have filed this appeal under section 173 of motor vehicles act, for enhancement of compensation being aggrieved against the award dated 22.2.2001 passed by second additional motor accidents claims tribunal, mandsaur in claim case no. 139 of 2000.2. .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-20-2003
Reported in : III(2003)ACC53; 2004ACJ1961
..... income as rs. 1,500 per month and the dependency as rs. 1,200 per month and rs. 14,400 per year. as per second schedule appended to section 163a of motor vehicles act, for a non-earning person the notional income to be taken into consideration is rs. 15,000 per year. pw 1 kailashibai, who is the wife of the ..... deepak verma and a.k. gohil, jj.1. appellants-claimants have filed this appeal under section 173 of motor vehicles act, for enhancement of compensation, being aggrieved against the award dated 17.3.2001 passed by second additional motor accidents claims tribunal, mandsaur, in claim case no. 34 of 2000.2. .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-20-2003
Reported in : III(2003)ACC229; 2005ACJ55
..... insurance company on the ground that from the registration of the vehicle, the weight of the vehicle in question was seen to be 7155 kg. and as per section 2 of motor vehicles act, a vehicle having weight up to 7500 kg. comes within the purview of light motor vehicle, therefore, the vehicle involved in this accident was a light motor vehicle ..... was rightly considered as 32 years, thus, it is obvious that the tribunal has not applied a proper multiplier in this case. as per second schedule of the motor vehicles act, 1988 for the age group of 32-35, the proper multiplier is 17 instead of 12. so far as the income of the deceased assessed by the tribunal is concerned ..... verma and gohil, jj.1. this appeal is directed under section 173 of the motor vehicles act, 1988 against the award dated 10.2.2000 passed by xv addl. m.a.c.t., indore in claim case no. 9 of 1999 for enhancement of compensation.2. the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-20-2003
Reported in : [2003(97)FLR410]; (2003)IILLJ789MP
..... submitted by the respondent no. 2 under section 25o of the act, giving rise to filing of this writ challenging the same.2. the petitioner is an union of employees working in the respondent no. 2. it is the case ..... basis it has come to a conclusion that the respondent no. 2 cannot be regarded as an industrial establishment within the meaning of section 25l(a)(i) of the industrial disputes act read with section 2(k) of the factories act.4. in the absence of any reasons assigned and also in the absence of any material, i am unable to uphold the ..... department) addressed to the respondent no. 2 where it is held that since the respondent no. 2 is not an industrial establishment within the meaning of section 25l(a)(i) of the industrial disputes act, 1947 and hence no relief can be granted to respondent no. 2. it is on this ground the state has declined to entertain the application .....
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