Court : Madhya Pradesh
Reported in : 1996ACJ711
..... per annum from 13.6.1988. the amount of rs. 15,000 paid by respondent no. 5 under section 92-a of the act shall be adjusted, if it has not been withdrawn by the respondent no. 5 pursuant to order of the claims tribunal. the ..... , exh. d-1, specifically limits the liability of the insurance company to the extent provided by sections 92-a and 95 of the act in case of a person who suffers death or bodily injury during the course of his employment. therefore, it is wrong to suggest that ..... come to the conclusion that the tractor was being driven for bringing sand for repairing the agricultural well of the appellant and this act of the appellant would amount to use of tractor for the purpose of agricultural operations. the respondent no. 5 has not led any ..... by motor accidents claims tribunal, betul, in motor accident claim case no. 11 of 1988 under section 110-d of the motor vehicles act, 1939. the claims tribunal has awarded in favour of respondent nos. 1 to 4 an award of rs. 30,800/- with interest .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2004ACJ1456
Bhawani Singh, C.J.1. This appeal is directed against the award of Motor Accidents Claims Tribunal, Balaghat in M.A.C. No. 77 of 1999 dated 19.1.2000.2. Briefly, Dr. Shyamlal Borkar was posted as Block Medical Officer, Primary Health Centre, Birasa (Balaghat). With a view to attend meeting at Balaghat and bring some medicines from there, he left Birasa on 22.8.1997 at 11 a.m. along with nurses Manju Rahangdale and Sushila Asole, ward boy Janki Prasad and water1 man Shyam Ratan Vinayak. On the way, Tannod river was in spate; therefore, they waited till 9.30 p.m. for it to abate. Thereafter, the jeep was taken across. However, it was washed away resulting in the death of Dr. Shyamlal Borkar, nurses Manju Rahangdale and Sushila Asole. Accordingly, claim petitions were filed for compensation by legal heirs of Dr. Shyamlal Borkar and nurse Manju Rahangdale, disposed of by the impugned award.3. Obviously, the allegation of claimants is that the accident took place due to rash and negligent d...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006ACJ815
..... had been filed by a claimant which had been rejected by the high court and the claimant had not challenged the same and allow the same to become final, amending act would be of no assistance to him. the instant case presents a different picture and falls in a different compartment. the omission of sub-section (3) of section ..... been rejected by the claims tribunal or the high court, the claimant does not challenge the same and allows the said judicial order to become final. the aforesaid amending act shall be of no help to such claimant. the reason being that a judicial order saying that such petition of claim was barred by limitation has attained finality. but ..... also within thirty days of receipt of such report forward the same to such claims tribunal and insurer.in view of sub-section (6) of section 158 of the act the officer incharge of the police station is enjoined to forward a copy of information/report regarding the accident to the claims tribunal having jurisdiction. a copy thereof has .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2006MP181
A.K. Saxena, J.1. Being aggrieved by the judgment and decree dated 28-3-1990 passed in Civil Appeal No. 32-A/88 by the Court of Second Additional District Judge, Tikamgarh arising out of judgment and decree dated 5-9-1984 passed in Civil Suit No. 22-A/84 by the First Civil Judge Class-II, Tikamgarh, the appellants/plaintiffs preferred this appeal.2. The plaintiffs filed the suit against the defendant/respondent for redemption, recovery of possession of shop No. 12 situated in ward No. 1 Tikamgarh and for mesne profit on these grounds that the plaintiffs took the loan of Rs. 2,000/- from the defendant and they mortgaged the above mentioned property with the defendant. The mortgage deed is a registered document. The plaintiffs created usufructuary mortgage in favour of defendant by giving possession of the disputed shop to him. It was agreed upon between the parties that the defendant shall pay Rs. 50/- per month as rent after deducting Rs. 20/- per month of interest. The property was mo...
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(2008)BC606; [2008]145CompCas302(MP)
..... appellate court has rightly held that the appellant had an efficacious alternative remedy provided under the act and as such committed no irregularity of illegality in dismissing the appeal.in view of aforesaid, the findings of fact given by the courts below could not be said ..... the shares. section 111 provides that a company may refuse registration and against such refusal an appeal is provided to the company law board constituted under section 10e of the act. section 10 provides for an appeal against any decision or order of the company law board to the high court.5. in view of the legal provisions the lower ..... in the facts and circumstances of the case in hand. i find no infirmity with the reasons assigned by the lower appellate court. under section 108 of the companies act, 1956 (for short the act), provision has been made for transfer and registration of the shares and debentures of a company. under section 110 of the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009ACJ1866
..... would be appropriate to assess the income of the deceased at rs. 15,000 per annum as prescribed for non-earning member in the second schedule to the motor vehicles act and applying the multiplier of 15 which is applicable up to the age of 15 years, making 1/3rd deduction towards the self expenditure, annual dependency comes to rs. 10 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996ACJ872
..... wrongly held that mainly because there was no fracture recorded by the doctor, she did not suffer from permanent disability. clause (b) of section 142 of the act relates to destruction or permanent impairing of the powers of any member or joint. the doctor's certificate clearly shows that there is a stiffness in the joint ..... at this stage, no x-ray report was produced. however, it is clear from the certificate that appellant had suffered permanent weakness.4. section 142 of the act defines permanent disablement as follows:permanent disablement.-for the purposes of this chapter, permanent disablement of a person shall be deemed to have resulted from an accident of the ..... . 2. the respondent no. 1 is the truck owner and respondent no. 3 is the insurance company. in their reply to application under section 140 of the act, it is not disputed specifically by the respondents that no permanent disability was caused to the appellant. the appellant had produced the certificate of dr. d.k. swarnkar .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(2001)ACC250
A.M. Sapre, J.1. Claimant who was victim of an accident that occurred on 10.10.1993 with the offending vehicle belonging to respondent No. 1 (M.P.S.R.T.C), and who claimed to have suffered injury in the said accident files this appeal against the impugned award which rejected the claim petition of claimant. The impugned award dated 10.3.1997, passed in Claim Case No. 63/94 by learned M.A.C.T., Kukshi.2. On 10.10.1983, the driver of offending vehicle (passenger bus), dashed to one hill in hilly track on road while moving. The claimant was one of the occupants in the offending vehicle when he suffered fracture in his left hand. A claim was filed by the claimant for compensation for the injuries and loss sustained against the owner of vehicle-M.P.S.R.T.C. and also the driver (but without namina).3. The non-applicant (owner of vehicle) remained ex-parte even after service since inception. The claimant then led unrebutted evidence and proved his case. The learned Member of Tribunal on appre...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(5)MPHT544
..... driving the bus and causing death of deceased, in that even, the liability of insurance company does not exceed to rs. 50,000/- under section 95 of the motor vehicles act, 1939. with a view to appreciate the first submission, evidence has been perused with a view to understand whether the accident took place in the manner suggested by the learned ..... been dismissed by the claims tribunal, shahdol, on august 26, 1991, on the ground that it was not proved that the accident had taken place due to rash and negligent act of the driver of bus no. mpl 4001, as alleged.3. on 9-3-1989 the deceased was travelling by bus no. mpl 4001 owned by ugratara bus service, rewa .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : III(2004)BC41; 2002(5)MPHT187; 2002(4)MPLJ521
..... money.7. in vijay prakash and jawahar v. collector of customs (preventive) bombay, air 1988 sc 2010, the apex court considered similar provision under the customs act and observed that right of appeal contemplated under section 129a and 129e is a conditional one and the legislature in its wisdom has imposed that condition of depositing ..... outrightly in the writ jurisdiction of this court.6. learned counsel for petitioners contend that section 21 of the recovery of debts due to banks and financial institutions act, 1993, an amount of 75% is required to be deposited as such it cannot be said to be an effective remedy. in my opinion, when legislature ..... taking recourse to proceedings under articles 226 and 227 of the constitution or by filing a civil suit which is expressly barred. even though a provision under an act cannot expressly oust the jurisdiction of the court under articles 226 and 227 of the constitution, nevertheless, when there is an alternative remedy available, judicial prudence .....
Tag this Judgment!