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 : 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 : 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 .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-13-2006
Reported in : 2007ACJ17; 2007(2)MPLJ226
..... included in the transport vehicle and such transport vehicle if its unladen weight is below 7500 kg, shall be a light motor vehicle as defined in section 2, sub-section (21) of motor vehicles act, 1988. unladen weight of matador in question undisputedly was less than 7500 kg. thus, in spite of it being goods vehicle, it was a ..... vehicle' or 'vehicle' as given in clause (28) of section 2 of the act. a light motor vehicle cannot always mean a light goods carriage. light motor vehicle can be non-transport vehicle as well.(11) to reiterate, since a vehicle cannot ..... endorsement to drive a transport vehicle'. we, however, do not subscribe to such a view.(10) definition of 'light motor vehicle' as given in clause (21) of section 2 of the act can apply only to a 'light goods vehicle' or a 'light transport vehicle'. a 'light motor vehicle' otherwise has to be covered by the definition of 'motor .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-11-2006
Reported in : (2007)IILLJ750MP
..... 125 of the said decision. on a scrutiny of the said decision there can be no shadow of doubt that on issue of notification under section 10 of the clra act there can not be automatic absorption of contract labour and the principal employer cannot be required to absorb the contract labour working in the establishment concerned ..... aforesaid case their lordships in paragraph 63 have expressed the view as under 2001-ii-llj-1087 at p. 1117:63. we have extracted above section 10 of the clra act which empowers the appropriate government to prohibit employment of contract labour in any process, operation or other work in any establishment, lays down the procedure ..... including the instance of this court not to adjudicate on the bedrock of notification; that a reference has already been made under section 10 of the industrial disputes act, 1947 for brevity 'the id act'); and that the factual disputes were involved. the learned single judge placing reliance on the decision rendered in the case of air .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-08-2006
Reported in : 2008ACJ856; 2007(2)MPHT234
..... it in the claim petition, otherwise lumpsum amount of rs. 2,500/- can be awarded as per second schedule appended to motor vehicles act, 1988, read with section 2 of the fatal accidents act, 1855.(emphasis supplied)7. it is clear from the aforesaid principle laid down by the division bench that an award of the claims tribunal ..... death and the damages when recovered shall be part of the personal estate of such person. it is by virtue of this provision in section 1 of the legal representatives suit act, 1855 that the legal representatives of the deceased person can also maintain or continue to maintain an application for compensation for personal injury suffered ..... by the impugned order, and therefore, this appeal is filed. shri rajeev jain, counsel for the appellant placing reliance on section 6(dd) of the transfer of property act read with section 306 of the indian succession act submits that as the award made in favour of the narottam prasad is in the form of maintenance to narottam prasad, .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-07-2006
Reported in : (2008)14VST153(MP)
..... buying, selling, supplying or distributing goods directly, within the definition of a 'dealer'.8. as regards the word 'business', it has been defined in section 2(bb) of the said act in inclusive manner. it includes any transaction of sale or purchase of goods in connection with or incidental or ancillary to the trade, commerce, manufacture, ..... material used in the work of repairs stood transferred to the northern coalfields limited (who owned the tyres).6. 'dealer' was defined under section 2(d) of the m. p. general sales tax act, 1958 as follows:'dealer' means any person who carries on the business of buying, selling, supplying or distributing goods, directly or otherwise whether ..... agreement in favour of the petitioners amount to works contract and the petitioner no. 1 falls within the definition of 'dealer' as defined under section 2(h) of the m. p. commercial tax act. accordingly, it was informed that petitioner no. 1 was found liable to sales tax with effect from january 1, 1994 under .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-07-2006
Reported in : 2007(2)MPLJ117
..... sinha (supra), it was laid down by the patna high court that the person travelling without ticket or permission is not passenger within the meaning of section 82a of the railway act, 1890. there is no dispute with the aforesaid preposition. the passengers were travelling without ticket in that case. in the instant case facts are different. ..... /-. the other two members; judicial and member (technical) disagreed with the opinion. it was held by them that definition of 'passenger' is given in section 2(29) of the act which means a passenger travelling with a valid pass or ticket. the applicant was travelling by express train. he was holding iind class ordinary ticket, which was ..... the correctness of an affidavit filed by claimant. thus, on facts, it is clear that the claimant was a passenger as contemplated under section 2(29) read with sections 55 and 124a of the act.10. shri s.p. sinha, learned counsel appearing on behalf of the railway has submitted that the case of oral permission should not .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-06-2006
Reported in : 2008ACJ246
Rajendra Menon, J.1. This is an appeal of the insurance company assailing the award dated 7.2.2005 passed in the Claim Case No. 13 of 2004 by Motor Accidents Claims Tribunal, Morena awarding compensation of Rs. 3,64,015 to the claimants-respondent Nos. 1 to 5.2. The claimants-respondent Nos. 1 to 5 are the parents and brothers of the deceased Murarilal who was a driver of the truck bearing No. MP 07-G 0630 earning Rs. 3,000 per month and died in an accident which took place on 22.2.2002 at 4.15 a.m. when a truck bearing No. UP 80-G 9651 owned by the respondent No. 6 and insured with the appellant driven in a rash and negligent manner dashed against the truck No. MP 07-G 0630 at Atlas Tiraha, Morena as a result Murarilal died on spot.3. Inter alia, claiming compensation claim petition was filed. In the claim petition insurance company took a defence that the truck No. UP 80-G 9651 was being driven by Narendra and as Narendra did not have a valid driving licence, therefore, insurance com...
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