Court : Madhya Pradesh
Reported in : 2009ACJ1351
..... in question was not having valid and effective licence, the intimation of the accident was not given.5. the tribunal has found that accident was outcome of rash and negligent act of driver whaid khan. 50 per cent permanent disability has been caused to the claimant and compensation of rs. 4,64,000 has been awarded, out of which rs. 3 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(1995)ACC313
..... truck; he took all precautions to stop the vehicle, but the boy suddenly came before the truck and therefore he could not stop the vehicle. the ingredients of section 304a ipc are not attracted and therefore the conviction and sentence of the appellant is bad in law. he also placed reliance in the case of mahadev hari ..... taking cognizance the case came up for trial before the judicial magistrate, first class, ambikapur, who on consideration of the evidence of the prosecution witness convicted the appellant under section 304b i.p.c. and sentenced him to undergo r.i. for three months and to pay a fine of rs. 200/- in default to undergo further r. ..... the sessions judge, ambikapur in criminal appeal no. 31/94 whereby he dismissed the appeal confirming the conviction and sentence of the appellant under section 304a ipc. the appellant was prosecuted for an offence under section 304a ipc before the magistrate first class, ambikapur in criminal case no. 401/92 on the allegation that on 8.10.1987, p .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002ACJ1809
..... handsome salary. however, in the absence of dependable evidence, it would be desirable to fix his income at rs. 15,000 per annum as per second schedule under section 163a of the motor vehicles act providing income of unemployed deceased. deducting 1/3rd for his personal expenses, annual dependency would be rs. 10,000. the proper multiplier in this case should be ..... birth to a child after the death of deceased. the child is not a party to this case. however, impleadment is not necessary requirement of motor vehicles act, 1988. the claimants in this case act as representatives for his interest as well so far as the entitlement and apportionment of compensation is concerned. the enhanced amount along with interest shall be deposited .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(5)MPHT75; 2001(3)MPLJ65
..... 16 as enunciated by apex court in the case of a janardhan v. union of india, (1983) 2 slr 113 (sc). in p.s. mahal v. union of india, air 1984 sc 1291 it has been laid down that seniority normally should be fixed on continuous length of officiation. as discussed above, the promotion of respondent no. 1 in 1991 was .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : IV(2006)ACC215; 2006ACJ1817
..... disablement. in the instant case there is no evidence regarding performing of scientific test and learned claims tribunal without taking guidance of schedule to workmen's compensation act erred in arriving at the conclusion of the permanent disability. they further submitted that compensation awarded by the claims tribunal is already on higher side. in support ..... the scientific tests and if no scientific tests are conducted, then the court may safely record the percentage of disability from schedule i of workmen's compensation act. he further submitted that in the present case dr. r.c. bandil without performing the scientific test gave a certificate which is inadmissible in evidence and ..... at the rate of rs. 4,800 per annum. but, committed error in not awarding the compensation as per second schedule to motor vehicles act. on the other hand, learned counsel for insurance company submitted that this accident had occurred on 28.3.1994, whereas the second schedule to the motor vehicles .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009ACJ1385
rajendra menon, j.1. this is claimants appeal under section 173 of the motor vehicles act, 1988, assailing the award dated 15.7.2001 passed by the third additional motor accidents claims tribunal, gwalior in claim case no. 35 of 2000 and seeking enhancement of the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002ACJ1903; 2000(3)MPLJ469
..... maxi cab has been defined in section 2(22) of the motor vehicles act, which runs as under:maxi cab' means any motor vehicle constructed or adapted to carry more than six passengers, but not more than twelve passengers, ..... should have been further endorsed that the driver was having the authority to use it as a public service vehicle. transport vehicle has been defined in section 2(47) of the motor vehicles act which runs as under:transport vehicle' means a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle.8. term ..... its renewal period.7. there is no dispute that the driver was having the licence to drive the light motor vehicle. light motor vehicle has been defined in section 2(21) which runs as under:light motor vehicle' means a transport vehicle or omnibus the gross vehicle weight of either of which or a motor car or .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(5)MPHT92
ORDERBhawani Singh, C.J.1. This appeal arises out of the award of the Motor Accidents Claims Tribunal Bhopal, in M.C.C. No. 32/84, dated 30-11-1991, whereby claim for Rs. 3,04,300.00 was made, but the Tribunal awarded Rs. 62,778.08 with interest at the rate of 12% per annum. Claimant is not satisfied with this award, therefore, enhancement is claimed through this appeal.2. The accident took place on 30-12-1983. Appellant was going on his scooter bearing registration No. CPD 4477 at about 10 p.m. from Bogda bridge towards railway station on the left side of the road when jeep bearing registration No. MBB 171 owned by the MPEB, came from the opposite direction, driven rashly, negligently and carelessly, dashed against the claimant's scooter from the front side, resulting in multiple injuries to the claimant and his brother-in-law. It appears that the claimant suffered injuries to second, third and fourth right ribs, shaft of femur (right), lateral condyl of tibia (right), shaft of fibula...
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(2005)DMC421; 2005(1)MPLJ20
..... relied on is mandata singh v. state of rajasthan and anr., : (2004)9scc428 . in this case, the offence was registered under sections 307 and 120b, indian penal code and sections 3/25, arms act and the accused persons were granted bail on 30.5.2002. after their release, number of criminal cases were registered against the accused persons on ..... occasion would come for the non-applicant no. 1 and other co-accused persons to file application for grant of bail for the offence under sections 3/4 of the dowry prohibition act and at that time, the court would consider their prayer.5. the next contention of the learned counsel for the applicant is that after releasing ..... above while granting bail.4. the second submission advanced by the learned counsel for the applicant is that now the mahila police station has also added sections 3/4 of dowry prohibition act and, thus, prayed for cancellation of bail of the non-applicant on 13.10.2004. the applicant also prayed for cancellation of bail of non .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(2006)ACC510; 2006ACJ1844
N.K. Mody, J.1. Being aggrieved by the inadequacy of the amount awarded vide award dated 24.7_2002 passed by the 5th M.A.C.T. (Fast Track), Ratlam in Claim Case No. 54 of 2001 whereby a sum of Rs. 50,000 has been awarded along with interest at the rate of 9 per cent per annum, the present appeal has been filed.2. learned Counsel for the appellant submits that break up of Rs. 50,000 is as under:Towards medical expenses Rs. 25,000Towards special diet,Transport and conveyance Rs 15,000 Towards pain and suffering Rs. 10,0003. It is submitted that appellant was aged 68 years at the time of accident. He was contractor and agriculturalist. He was earning Rs. 70,000 to Rs. 80,000 per year. On account of accident the appellant was hospitalized in various hospitals at Baroda, Alot and Jawra. He was also treated at Khandwa, Indore and Nagda of which ample evidence is on record. learned Counsel for appellant further submits that appellant was having composite fracture of L-l vertebra with fragment...
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