Court : Madhya Pradesh
Reported in : 2002ACJ1762; 2001(1)MPHT259
..... in spite of reasonable efforts for the purpose; (c) 'scheme' means the scheme framed under section 163. (2) notwithstanding anything contained in the general insurance business (nationalisation) act, 1972 (57 of 1972) or any other law for the time being in force or any instrument having the force of law, the ..... general insurance corporation of india formed under section 9 of the said act and the insurance companies for the time being carrying on general insurance business in india shall provide forpaying in accordance with the provisions of this act and the scheme, ..... (1) the central government may, by notification in the official gazette, make a scheme specifying the manner in which the scheme shall be administered by the general insurance corporation, the form, manner and the time within which applications for compensation may be made, the officers or authorities to whom such applications may be made, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1990ACJ495
..... cases of 'hit and run' motor accidents and compulsory contribution to the solatium fund (contemplated under those provisions) by the insurance companies embraced by the general insurance business (nationalisation) act, 1978 so that social justice is fully insured in all types of cases of motor accidents. for a just social order to be ordained in the country ..... generally, those provisions must be given solid judicial support; and not ignored or overlooked as would result in a lopsided ..... the provision, but of its proper interpretation as noted in para 7 of the report. indeed, for that view reliance was placed on oriental fire and general insurance co. v. shantabai s. dhume, 1987 acj 198 (bombay), wherein the court interpreted section 92-a in the same perspective as ours, observing that .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2(1986)ACC411
..... the insurance companies stood transferred to and vested in the central government. the government was empowered to constitute a general insurance corporation of india for carrying out the general insurance business. the respondent no. 1 is subsidiary of the ..... of the petitioner's choice and the provisions regarding payment to the nominee under the insurance act of 1938 is applicable to the life policies she cannot apply to a personal accident and sickness policy.3. it is not disputed that under the general insurance business nationalisation act, 1972, the general insurance business has been taken over by the government on the appointed day and the shares in .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(1995)ACC338
..... command of the constitution, is being violated by the state itself by neglecting road repairs, ignoring deadly overloads and contesting liability after nationalising the bulk of bus transport and the whole of general insurance business. the jurisprudence of compensation for motor accidents must develop in the direction of no fault liability and the determination of the quantum must ..... the circumstances of the case.7. learned counsel appearing for the respondent nos. 1 and 3, namely, the owner of the offending truck and the insurance company has submitted that in respect of the death by motor accident of the deceased child the amount of compensation payable cannot be a large sum because ..... the spot.3. on a claim petition having been filed by the appellant parents of the deceased minor mukesh kumar against the owner, driver and the insurance company, the learned tribunal on appreciation of evidence adduced in the case found that the deceased mukesh kumar died in the motor accident due to the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1994ACJ201
..... command of the constitution, is being violated by the state itself by neglecting road repairs, ignoring deadly overloads and contesting liability after nationalising the bulk of bus transport and the whole of general insurance business. the jurisprudence of compensation for motor accidents must develop in the direction of no fault liability and the determination of the quantum must ..... the circumstances of the case.7. learned counsel appearing for the respondent nos. 1 and 3, namely, the owner of the offending truck and the insurance company has submitted that in respect of the death by motor accident of the deceased child the amount of compensation payable cannot be a large sum because ..... the spot. 3. on a claim petition having been filed by the appellant parents of the deceased minor mukesh kumar against the owner, driver and the insurance company, the learned tribunal on appreciation of evidence adduced in the case found that the deceased mukesh kumar died in the motor accident due to the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP47
..... commercial bodies such as insurance companies both indian and foreign. the parliament with a view to nationalise this business made law and set up a statutory corporation under it which would take up the entire life insurance business to itself and thereafter to run it on commercial basis ensuring to the general public going in for ..... it safety for their investment, and certainty about its availability at appropriate time. the life insurance ..... authority or is a government pleader. ... .. .. .. .. .. ..' 6. it is not disputed before us that the persons in the service of the life insurance corporation are not the servants of the government as if the said corporation were merely either a department of the central government or its agent. it is therefore not .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1998ACJ563; AIR1997MP142
..... 15% per annum. the enhanced amount, together with accrued interest shall be invested by the tribunal in a nationalised bank of the choice of the appellant for a period of five years and the appellant shall be entitled only ..... v. m/s. pest control (india) ltd., air 1995 sc 755.5. learned counsel for the respondent/ insurer supported the award of compensation and submitted that the just compensation has been awarded which is not inadequately low so as ..... the permanent disability is of 50%, but, there is unchallenged testimony of appellant that he now cannot carry on his business of sale of cloth by taking round from place to place. therefore, considering the circumstances, the reasonable compensation would ..... this distinction between pecuniary and non-pecuniary damage by no means corresponds to the traditional pleading distinction between 'special' and 'general' damages, for while the former is necessarily concerned solely with pecuniary losses -- notably accrued loss of earnings and out- .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(2004)ACC66; 2005ACJ209
..... as well as to take care of future expenses we direct an amount of rs. 2,00,000 would be kept in a maximum interest fetching fdr of a nationalised bank and the appellant shall be entitled to receive the half yearly interest thereof.12. thus, the appeal is partly allowed. the impugned award is modified to the ..... counsel appearing for the appellant vehemently submitted that the income of the deceased was rs. 4,000 per month. in our considered opinion and looking to the nature of business which the appellant was doing from a handcart near the bus stand, the monthly income of the appellant could be assessed at rs. 3,000. thus the annual income ..... under the motor vehicles act, 1988.5. on the other hand, mr. dandwate, learned counsel appearing for the insurance company submitted that looking to the age of the appellant the tribunal has rightly assessed the monthly income and the amount of general damages, which does not call for any interference.6. before us it is not disputed that respondent rs. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2(1996)ACC686
..... the other 3 respondents; 50 percent of the amount payable to other respondents shall be deposited in fixed deposit with some nationalised bank for a period of 10 years. rest of the directions given by the tribunal are confirmed. no order is also made ..... .10.1992 at nagda district ujjain, involving a tanker owned by the appellant no. 1 driven by the appellant no. 2 and insured with the appellant no. 3. the new india assurance co. ltd. for third party risk.3. the deceased saubhagmal at the ..... industries on a monthly salary of rs. 1,565.69, although the respondents had claimed that the deceased was doing some private business too and earning about rs. 7,000 to rs. 8,000/- per month. but this claim of the respondents was disallowed ..... side.6. the multiplier method is now legally well established. for applying this method hon'ble the supreme court in a recent decision in general manager, kerala state road transport corporation v. susamma thomas and ors. (1994) mplj 520 : 1 (1994) acc 346 sc : 1994 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1997ACJ1041
..... other 3 respondents; 50 per cent of the amount payable to other respondents shall be deposited in fixed deposit with some nationalised bank for a period of 10 years. rest of the directions given by the tribunal are confirmed. no order is also made ..... 10.1992 at nagda, district ujjain, involving a tanker owned by the appellant no. 1 driven by the appellant no. 2 and insured with the appellant no. 3, the new india assurance co. ltd. for third party risk.3. the deceased saubhagmal at the ..... industries on a monthly salary of rs. 1,565.69, although the respondents had claimed that the deceased was doing some private business too and earning about rs. 7,000 to rs. 8,000/- per month. but this claim of the respondents was disallowed ..... . the multiplier method is now legally well established. for applying this method the hon'ble supreme court in a recent decision in general manager, kerala state road trans. corporation v. susamma thomas 1994 acj 1 (sc), has laid down guidelines as follow:the multiplier .....
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