Court : Madhya Pradesh
Reported in : 2006ACJ636
S.S. Jha and A.K. Gohil, JJ.1. This appeal is filed by the owner and driver of the vehicle challenging the findings of Claims Tribunal. The learned counsel for the appellants submitted that the accident by the tractor-trolley owned by Hariram, appellant No. 2, has not been proved. He submitted that there is no evidence regarding the factum of accident. He further submitted that the insurance company has improperly been exonerated. He has also assailed the quantum of compensation.2. The counsel for the claimants, i.e., respondent Nos. 1 and 2 submitted that the award is on the lower side. Factum of the accident has been proved. He has filed cross-objection for enhancement of the compensation.3. Counsel for the insurance company submitted that the Claims Tribunal has rightly held that the insurance company is not liable to indemnify the insured.4. Deceased Sitaram s/o Kaluram was aged about 16 years. On 18.5.1995 he was travelling in a trolley of the tractor owned by Hariram, appellant N...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1997CriLJ2804
..... , dr. sharma (pw. 2) recorded dying declaration subsequently. there is discrepancy as to the overt act of this accused in the two dying declarations; one recorded by the police officer shri sharma (pw. 6) vide ex. p/10/14 and the other recorded by dr. sharma ..... sharma (pw. 6) vide ex. p. 14 (document ex.p/10 exhibited in s.t. no. 80/87 and 115/91 there is a mention of the name and overt act of this accused appellant. in the fir lodged by urnraosingh which has rightly been admitted as dying declaration, there is allegation that raghosingh came with stick fitted with farsi. however .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(5)MPHT500; 2001(3)MPLJ480
..... feelings. it is not necessary that in all cases, one should find an intention of undermining the authority of the court. but when the intention behind such an act is clear and intending towards, undermining the authority of the court, the court should not hesitate in taking appropriate action for curbing down the tendency of undermining the ..... act. in many cases the said act may have been prompted on account of innocent reason. there may be a situation arisen out of misunderstanding. there may be a situation arisen out ..... to cross-examine or refusal to answer the query or make gestures indicating disrespect towards the authority of court ab initio comes under the category of an act of per se contempt. but in all such situations, the court should be cautious in coming to the conclusion and taking recourse to provisions of contempt of courts .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(2004)DMC256
a.k. awasthy, j.1. appellant/petitioner has filed this appeal under section 28 of the hindu marriage act against the judgment and decree dated 10.10.1996 passed by the ixth additional district judge-indore in hindu marriage case no. 273/1991, against the order of fixing of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006ACJ649
..... of new india assurance co. ltd. v. asha rani, : air2003sc607 , wherein it is held that while interpreting clause (b) (i) of subsection (1) of section 147 of the motor vehicles act, 1988, which relates to the liability which may be incurred by the owner of a vehicle in respect of death of or bodily injury to any person or damage to ..... his age should be treated as 65-70 years and multiplier of 8 may be applied on this figure. even in second schedule under section 163a of the motor vehicles act notional income of a person is mentioned at rs. 15,000 per annum. since the deceased was involved in selling of milk, therefore, it can safely be presumed that he .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : IV(2006)BC19; 2005(4)MPLJ200
..... , whereby the suit filed by the plaintiff for recovery of rs. 814 was dismissed. this revision is, therefore, filed under section 9 of the provincial small cause court act read with section 115 of c.p.c.2. having gone through the impugned judgment under challenge, i find absolutely no case to interfere. i can do no better except ..... according to law is not whether the high court, or the particular judge presiding over the court in revision would have reached the same conclusion, but whether a judge acting judicially could reasonably have reached it. if he could, then the decision is according to law and the high court cannot interfere. if he could not, then the ..... high court's powers are wider on facts than in second appeal, because the high court can interfere even on facts if the decision is one which no judge acting judicially could reasonably have reached. on the other hand the high court's powers on questions of law are much narrower because unlike on appeal, the high court cannot .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009ACJ1546
..... jawra, distt. ratlam died in a vehicular accident. it is this incident which gave rise to filing of the claim petition by his legal representatives under section 166 of the act claiming compensation for his death. it was filed against non-applicants, who are insured, insurer and driver of the offending vehicle. it was contested by the non-applicants. parties adduced ..... a.m. sapre, j.1. this is an appeal filed by the claimants under section 173 of the motor vehicles act (for short called 'the act') against an award dated 30.4.2005 passed by the third m.a.c.t., ratlam and jawra in claim case no. 19 of 2004. by impugned award, the tribunal .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1(2001)ACC26
ORDERA.M. Sapre, J.1. Claimant is felt aggrieved by an award rendered by Additional M.A.C.T., Mandleshwar dated 21.2.1997 passed in Claim Case No. 127/90. By impugned award, the claimant is awarded a total sum of Rs. 6,000/- for the injuries that he suffered. Claimant is dissatisfied with what has been awarded to him by learned Tribunal. He wants enhancement in the award sum and for that purpose has filed present appeal.2. Facts for disposal of this appeal are these on 1.3.1989 at about 4.00 p.m., claimant was coming from his village and was going on the road Khalghat Road. When claimant was passing from the road, one truck bearing No. MKN-1925 which was driven by respondent No. 1-Darshansingh dashed to claimant as a result of which claimant fell down and suffered injuries. It is this accident causing injuries on the body of the claimant gave rise to filing of claim petition by the claimant before the learned Tribunal. The claimant claimed compensation of Rs. 50,000/- for the injuries ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003CriLJ3685
..... should be a finding by the competent court that vehicle seized has been used for committing an offence, the property seized under section 50 of the wild life (protection) act for an alleged offender cannot become property of the state under clause (d) of section 39(1) unless there is a trial and a finding reached by the competent ..... bench of this court in para 23 at page 299 that--'we hold that any property including vehicle seized on accusation or suspicion of commission of an offence under the act can, on relevant grounds and circumstances be released by the magistrate pending trial in accordance with section 50(4) read with section 451 of the code of criminal procedure ..... the jeep. the forest officials registered a p.o.r., for offences punishable under sections 9, 39b, 39d, 51(2) and 54(4) of wild life (profession)1 act, and arrested the accused persons. they further seized the jeep, the cooking utensils and the flesh found in the jeep. arjun singh, who claims to be the registered owner of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(2004)DMC347
..... appellant has filed the suit for divorce at the behest of her father and the family members. the respondent has filed separate application under section 9 of the hindu marriage act for restitution of conjugal rights with the appellant.6. the learned trial court after framing the issues has examined babita (p.w. 1), rajni (p.w. 2), manohar ..... petition filed by the respondent for restitution of conjugal rights under section 9 of the h.m. act was allowed.3. the petition filed by the appellant for divorce in civil suit no. 16-a/97 and the petition filed by the respondent for restitution of conjugal ..... filed for dissolution of marriage on the ground of cruelty.2. the appellant has filed another appeal (f.a. no. 476/97) under section 28 of the hindu marriage act against the same judgment and decree dated 30.9.1997 in civil suit no. 16-a/97 passed by the same learned iind additional district judge, dewas, whereby the .....
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