Court : Madhya Pradesh
Reported in : 2002ACJ1223
Bhawani Singh, C.J.1. This appeal is directed against the award dated 7.8.1997 of Additional Motor Accidents Claims Tribunal, Multai in the Claim Case No. 27 of 1996. The claimants are parents of the deceased. They are not satisfied with the award, hence this appeal for enhancement of compensation.2. Facts briefly are that deceased Ballu alias Kamlakar Rao was studying in 10th class. Due to crowd, he stood near the door of the bus. The bus received jolt as a result of which he fell down resulting in injuries. He died in the hospital. Case No. 215 of 1996 was lodged in the court of Additional Judicial Magistrate arising out of this accident. Allegation of claimants is that the accident took place due to negligence of the driver, since deceased was trying to get into the bus and due to jolt received by the bus he slipped and fell down resulting in the injuries. The allegation is opposed by other side and they say that accident did not take place due to their negligence. Insurance company...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002ACJ2040
Bhawani Singh, C.J.1. This appeal is directed against the award of Additional Motor Accidents Claims Tribunal, Multai (Bctul), dated 30.10.1999 in Claim Case No. 58 of 1997.2. The accident took place on 7.3.1997 at 8.30 a.m., when the deceased Kalabai along with others including Banna, Anil, Revji and Mukesh were travelling in jeep No. MP 05-A 2824 from Pachmarhi to Betul, near Dokra Khedi, another jeep No. MP 05-A 8304 driven rashly and negligently, hit the jeep in which the deceased and others were travelling. In this accident, the deceased suffered head injury. She was taken to the hospital at Pipariya where she was declared dead. Report was lodged with the police and an offence under Section 304A, Indian Penal Code was registered. Claim of Rs. 3,04,000 was made.3. Accident has been admitted by the insurance company but other facts have been denied and it is also claimed that the driver was not in possession of valid and legal driving licence at the time of the accident and it was a...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002ACJ2050; 2001(2)MPLJ13
Bhawani Singh, C.J.1. This appeal is directed against the award dated 1.8.1997 of the Motor Accidents Claims Tribunal, Bilaspur in Claim Case No. 1 of 1997.2. Claimants are widow and two minor daughters of deceased. They submit that accident took place on 16.4.1996 when deceased was going from Bilaspur to Kota in Matador No. MP 23-D 3985 with Nirma powder. Allegation is that this vehicle had collided with another vehicle No. MP 26-D 2624 resulting in the accident. The deceased was 29 years old at the time of accident. He was working as porter with Nirma Washing Powder Company, earning Rs. 150-200 per day. The family was dependent on him and, therefore, the claim case has been filed by claimants for grant of compensation for the death of the deceased. Defence taken is that the driver was not in possession of valid driving licence at the time of accident, therefore, he committed breach of policy conditions. Hence, the insurance company is not liable to pay the compensation. It is also st...
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(2001)ACC382
ORDERA.M. Sapre, J.1. Claimant Kanhaiyalal is aggrieved by an award dated 4.11.1995, passed in his Claim Case No. 15/95, by learned IVth Addl. M.A.C.T. Dhar. According to claimant he was awarded a less amount of Rs. 5,000/- only. According to appellant he is entitled to claim more and hence he is in appeal.2. The only question, therefore, involved in this appeal is whether appellant (claimant) was able to make out any case for enhancement? Since the question regarding the manner in which the accident occurred liability of Insurance Company as also of the owner is not subject-matter of this appeal and, therefore, it is not necessary for me to go into this aspect which has become final. In other words in the absence of any cross-objection/appeal filed by any of the respondents, who have suffered an award the finding regarding accident and liability issues have become final.3. The case of present appellant (claimant) was dealt with by the learned Member of the Tribunal in paragraphs 15 an...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002ACJ1781
Bhawani Singh, C.J.1. This judgment disposes of M.A. No. 1760 of 2000 (arising out of Claim Case No. 63 of 1998), M.A. No. 1759 of 2000 (arising out of Claim Case No. 64 of 1998) and M.A. No. 1758 of 2000 (arising out of Claim Case No. 65 of 1998) against the common awards of the Motor Accidents Claims Tribunal, Jabalpur, dated 8.5.2000.2. Shortly stated, the facts are that late Mangal Parag, Ex-M.L.A., aged 48 years, late Mubarak Shah, aged 50 years and late Syed Anwar Ali, aged 27 years, along with their companion Sunil Kumar Jaiswal, were travelling in Fiat car bearing registration No. MOK 9074 belonging to Harsh Sales and driven by Manoj Suhane. Allegation is that respondent No. 4 Manoj Suhane was driving the car rashly and negligently resulting in the accident near village Har-dua, under Police Station, Nohta, District Damoh, when this vehicle dashed against a mango tree on the roadside, resulting in the deaths of Mangal Parag, Mubarak Shah and Syed Anwar Ali on the spot, while Ma...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002ACJ1589
Bhawani Singh, C.J.1. All these five appeals are proposed to be decided by this order since they arise out of the same accident and award of Motor Accidents Claims Tribunal, Jabalpur, dated 6.11.1997.2. Truck bearing registration No. CIQ 1176 met with an accident on 30.4.1992, at 4 a.m. near Nigri culvert on National Highway No. 7, within the jurisdiction of Police Station, Bargi, Distt. Jabalpur. This vehicle was owned by R.N. Tandon and driven by Israil at the relevant time. It was insured with the appellant, Oriental Insurance Co. Ltd. The deceased were sitting in this vehicle at the relevant time, since the tractor which was boarded by them initially, went out of order. As a result of this accident, all occupants of the truck died. Therefore, claim petitions have been filed by the legal representatives claiming compensation from the owner, driver and the insurance company. It is alleged that the vehicle was being driven rashly and negligently resulting in the accident.3. The defenc...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002ACJ1705
J.G. Chitre, J.1. Notice was issued to the insurance company which had deposited amount in the Claims Tribunal but none appeared. The question is totally dependent on interpreting the legal aspect of the matter and, therefore, this court is examining the order which is being assailed by this revision petition.2. An application was submitted by the petitioner before M.A.C.T., Indore, which decided the said application by which the prayer was made by the petitioner for releasing the amount of award which has been invested by making reference to the observations made by the Supreme Court in General Manager, Kerala State Road Transport Corporation v. Susamma Thomas 1994 ACJ 1 (SC), by passing an order on 19.8.1999. The learned Judge pointed out the guideline Nos. (i) and (iii) which can be quoted as hereunder:(i) The Claims Tribunal should, in the case of minors, invariably order the amount of compensation awarded to the minor invested in long term fixed deposits at least till the date of ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002ACJ1580
Arun Mishra, J.1. Appellant Oriental Insurance Co. Ltd. has come up in the present appeal being aggrieved by the award dated 27.4.2000 passed by 2nd Additional Motor Accidents Claims Tribunal, Sarguja (Ambikapur), awarding the compensation of Rs. 1,10,000 to the claimants for the death of Ramesh Kumar Agrawal (21).2. Ramesh Kumar Agrawal met with an accident on 7.3.1998 while he was driving motor cycle No. MP 27-D 1058 owned by respondent No. 3 Pradeep Kumar Agrawal. Vehicle was insured with Oriental Insurance Co. Ltd. Claimants contended that accident occurred due to mechanical failure. Owner of the vehicle remained ex parte before the Tribunal.3. Appellant insurance company denied the liability to pay the compensation on the ground that the deceased himself was responsible for the alleged accident, therefore, it cannot be made liable for the payment of any compensation. Insurance company further took a plea that the driver of the vehicle was not having vaiid driving licence to drive ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2001)164CTR(MP)222
ORDERC.K. Prasad, J.On a prima facie finding that the order of the assessing officer is erroneous and prejudicial to the interest of revenue , Commissioner issued notice dated 10-5-2000, under section 263 of the Income Tax Act, calling upon the petitioner to file clarification supported with the details. It is this order of the Commissioner which has been challenged by the petitioner in this writ petition, filed under Articles 226 and 227 of the Constitution of India.2. In view of the order which I propose to pass in this writ petition, it is inexpedient to give in details the facts of the case. Suffice it to say that the Commissioner gave notice to the petitioner under section 263 of the Income Tax Act. In response thereto, petitioner appeared before the Commissioner and prayed for time to file the reply. Petitioner ultimately filed the reply on 29-5-2000, raising various pleas on facts and law. Thereafter, the petitioner has chosen to file this writ petition on 31-5-2000.3. I have he...
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2001)164CTR(MP)224
ORDERC. K. Prasad, J .On a prima facie finding that the order of the assessing officer is erroneous and prejudicial to the interest of revenue, Commissioner issued notice, dated 10-5-2000, under section 263 of the Income Tax Act, calling upon the petitioner to file clarification supported with the details: lt is this order of the Commissioner which has been challenged by the petitioner in this writ petition, filed under articles 226 and 227 of the Constitution of India.2. In view of the order which I propose to pass in this writ petition, it is .in expediant to give in details the facts of the case. Suffice it to say that the Commissioner gave notice to the petitioner under section 263 of the Income Tax Act. In response thereto, petitioner appeared before the Commissioner and prayed for time to file the reply. Petitioner ultimately filed the reply on 29-5-2000 raising various pleas on facts and law. Thereafter, the petitioner has chosen to file this writ petition on 31-5-2000.3. I have...
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