Court : Madhya Pradesh
Decided on : Sep-28-2006
Reported in : II(2007)ACC410; 2006(4)MPLJ432
..... . n.d. singhal, learned counsel for the claimants submitted that virtually it is a case of third party risk and in view of the provisions of section 147 read with section 149 of the motor vehicles act, the insurance company cannot be exonerated from its liability even if it is found proved that the cheque was dishonoured or policy was cancelled. he submitted ..... this high court in the case of national insurance co. limited v. smt. khelli bai and ors. 2000 (2) mpjr 2811. it is true that under section 147 read with section 149 of the motor vehicles act, it is the duty of the insurance company to satisfy the claim of the third party risk. so far as the question of liability of the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-27-2006
Reported in : II(2007)ACC307
S.K. Kulshrestha, J.1. By this appeal, appellant challenged inadequacy of the compensation of Rs. 2 lakh awarded by the learned XIX MACT, Indore vide award dated 31.3.2004. Learned Counsel for the appellants submits that the award of compensation in lump sum has been deprecated and in each case the income should be assessed and applying proper multiplier, compensation should be awarded.2. Since the controversy before us is confined to the adequacy or otherwise of the compensation, we need not refer to other facts except that when the deceased was travelling in a Maruti car along with his friend, it collided with the offending vehicle bearing registration No. NH-04-H-4838.3. Learned Counsel for the appellants submits that income of the deceased was Rs. 3,500 as evidenced from his salary certificate (Ex. P/6). However, since the deceased was commuting to Ghatabillod for work, we are of the view that he must, at least, be spending Rs. 500 on fare. The net salary thus comes to Rs. 3,000 pe...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-20-2006
Reported in : 2007(2)MPLJ152
..... the petitioner to call in question the validity of the order of compulsory retirement contained in annexure p-8 before the competent authority as envisaged under section 55(2) of the 1960 act within a period of thirty days from the date of receipt of the order passed today. mr. anoop nair, learned counsel for the respondents ..... parted so stating, but, there is relief for quashment of the order of compulsory retirement contained in annexure p-8. in this context we may fruitfully refer section 55(2) of the 1960 act which reads as under:55. registrar's power to determine conditions of employment in societies.-(1) **** **** **** ***(2) where a dispute, including a dispute ..... further submitted that order of compulsory retirement passed against the petitioner can be called in question before the competent authority as envisaged under section 55(2) of the m.p. co-operative societies act, 1960.7. it is well settled in law that an employer has the basic right to fix the age of superannuation unless it .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-18-2006
Reported in : I(2007)ACC446
..... moment it is assumed that accident occurred due to rash and negligent driving of deceased mangilal, then too it is immaterial for disposal of claim petition filed under section 163(a) of the act.13. since mangilal had died in motor accident by vehicle which was owned by respondent no. 1 and insured with respondent no. 2, therefore, appellants are ..... for compensation under the section is not defeated by reason of any wrongful act, neglect or default of the person who had died or suffered ..... resulting from an accident arising out of its use. by reason of sub-section (3), the claimant is not required to plead or establish that the death or disablement was due to a wrongful act or neglect or default of the owner or any other person. sub-section (4) is in two parts. the first part states that a claim .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-15-2006
Reported in : 2008ACJ36
Arun Mishra and Sushma Shrivastava, JJ.1. This appeal has been preferred by the claimants seeking enhancement of compensation aggrieved by an award dated 11.12.2003 passed by Ninth Additional Motor Accidents Claims Tribunal, Jabalpur in M.V.C. No. 45 of 2002.2. In an accident dated 2.6.2001 when Rajendra Singh was going in his Maruti van No. MP 21-2488 near village Gint, he was dashed by a truck No. HR 38-E 1278. Truck was driven as per the claimants at excessive speed and dashed the car of the deceased, consequently Rajendra Singh died and another person sustained injuries. Truck was driven by Rambeer alias Arvind, owned by Jaswant Singh and insured with New India Assurance Co. Ltd. Rajendra Singh was driving a Maruti van. He was travelling from Jhansi to Jabalpur along with G.P. Vishwakarma and Ram Bai on Sagar-Jhansi Road, NH 26, accident took place near village Gint in spite of the fact that deceased stopped Maruti van on one side, still driver of the truck dashed the stationary Ma...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-14-2006
Reported in : 2008ACJ163
..... l. shrivastava, learned counsel appearing for appellant has submitted that it was clearly a case of ''untoward incident' as incorporated by way of amendment under section 124a read with section 123(c) of railways act. thus, reliance which has been placed on decision of apex court in union of india and ors. v. sunil kumar ghosh (supra) is ..... boarded the train. it has been further submitted that railways has not adduced any evidence to make out a case under proviso (a) to (e) of section 124a of railways act. thus, it. was clearly an 'untoward incident' for which railways be held viable to compensate.6. shri rajneesh gupta, learned counsel appearing for respondent has ..... back side of the train to board. in view of aforesaid, it is clear that it is clearly an untoward incident' as contemplated under section 123(c)(2) read with section 124a of railways act. thus, railway cannot escape the liability to make payment of compensation. deceased was not negligent. on the other hand, it is clear .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-14-2006
Reported in : 2008ACJ231
Arun Mishra, J.1. These appeals have been preferred by the claimants dissatisfied with the quantum of compensation awarded by the learned Motor Accidents Claims Tribunal, Chhindwara in Claim Case Nos. 83 of 2002 and 6 of 2003 as per award dated 11.5.2004.2. M.A. No. 1807 of 2004 has been filed by the claimants, Subelal and others claiming compensation on account of death of Raju aged 24 years. Claim petition has been filed by the widow, daughter, parents and sister of the deceased. Tikaram has filed Claim Case No. 6 of 2003. He has preferred M.A. No. 1810 of 2004. He also sustained injury in the accident, perforation in the abdominal area. He was operated upon.3. Deceased Raju and claimant Tikaram had gone to forest to load sand. Tractor was driven by Phulbhansha alias Phulla, owned by Waseem Ahmed and insured with New India Assurance Co. Ltd. Owing to rash and negligent driving, tractor turned turtle. Raju sustained severe injuries. He died on the spot. His age was 24 years. He used t...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-07-2006
Reported in : II(2007)ACC398; 2008ACJ1768
..... shall carry interest @ 6% per annum from the date of application.14. coming to the second contention regarding the liability for payment of compensation is concerned, section 2(30) of motor vehicles act, 1988 lays down the definition of 'owner', which reals as under:'owner' means a person in whose name a motor vehicle stands registered and where person ..... rsrtc would be vicariously liable to pay compensation for tort committed by driver.18. in the present case, the accident took place on 22.10.1997, when motor vehicles act (1959 to 1988) was in force and the liability of insurance company, so far as it relates to third party is concerned was unlimited. however, since, the driver ..... personal expenses, the loss of dependency has been assessed @ rs. 4,000 per month and after applying the multiplier of 15 as per second schedule of motor vehicles act, 1988, loss of dependency has been assessed as rs. 7,20,000 which is on higher side. it is submitted that the multiplier of 15 was not the correct .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-05-2006
Reported in : IV(2007)BC436; 2007(2)MPHT14; 2007(1)MPLJ198
..... is thus answered that the two courts below were right in not drawing the statutory presum/a/1, which ption of passing consideration as provided under section 118 of the act. in the peculiar facts and circumstances because execution of promissory note is not proved and, therefore, rightly dismissed the suit of the plaintiff.21. ..... fact based on correct appreciation of evidence which cannot be assailed and set aside in this second appeal.17. the question of statutory presumption under section 118 of the act would arise only if the execution of the promissory note is admitted. since, execution of the same is not proved, there cannot be any ..... has passed;(iv) even if the plaintiff fails to prove that particular consideration mentioned in the promissory note has passed, still presumption continues under section 118 of the act and the plaintiff is entitled to succeed on the basis of this presumption unless the defendant rebuts the presumption by establishing that no form of consideration .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-01-2006
Reported in : 2007ACJ2145
s.k. kulshrestha, j.1. aggrieved by the inadequacy of compensation of rs. 89,050, the appellants have filed this appeal, under section 173 of motor vehicles act.2. the claimants are the unfortunate parents of deceased kamlesh. it was stated that on 21.3.2005 at about 10.30 a.m. their son was going on motor .....
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