Court : Madhya Pradesh
..... himself is the victimizer to avoid the liability? 2. whether in the claim petition filed by the victim under section 163-a of the motor vehicles act, owner/insurance company is liable to plead and prove that the victim himself was the victimizer to avoid the liability? 3. these questions, in our opinion, have ..... principle the converse has also to be established, i.e., whether a claim raised thereunder can be defeated by the concerned party (owner or insurance company) by pleading and proving "wrongful act", "neglect" or "default". from the preceding paragraphs (commencing from paragraph 12), we have no hesitation in concluding, that it is open to ..... that section 163a of the act is founded under the "fault" liability principle. to this effect, we accept the contention advanced at the hands of the learned counsel for the petitioner. (emphasis supplied) 4. indeed, in the subsequent decision of coordinate bench of the supreme court in the case of united india insurance company vs. sunil kumar .....
Tag this Judgment!Court : Madhya Pradesh
..... be such as is necessary to constitute murder. without this ingredient being established, there can be no offence of "attempt to murder". under section 307 the intention precedes the act attributed to accused. therefore, the intention is to be gathered from all circumstances, and not merely from the consequences that ensue. the nature of the weapon used, manner ..... cause death, the accused having no excuse for incurring the risk of causing such death or injury" 7. in hari singh v. sukhbir singh and others, (1988) 4 scc 551, the supreme court has discussed as to what the court has to see in order to bring the offence under section 307 ipc. the relevant portion of ..... dangerous to life. hence, he prayed that the charges framed against the petitioners be set aside and petitioners be discharged from the charges u/s 307 of ipc. 4. on the other hand, learned panel lawyer for the respondent has fully supported the impugned order of lower court and submitted that there is prima-facie and sufficient .....
Tag this Judgment!Court : Madhya Pradesh
..... representative of owner of the goods loaded in the tempo, and therefore according to the provisions of section 147 of the motor vehicles act, it cannot be said that the policy conditions were violated or the insurance company was absolved from its liability. the learned counsel for the appellant has also placed his reliance upon the judgment of hon'ble ..... the facts and circumstances of the case, it appears that the appellant took a plea that the deceased jairam was a passenger in the goods vehicle, and therefore the insurance company was not liable to pay compensation. however, the submissions made by the learned counsel for the appellant are dependent upon the evidence adduced by the parties. manoj, ..... in the goods vehicle. the brief facts of the case are that the deceased jairam was working in a tent house as a manager and worker. on 8.4.2007 he was taking luggage of the tent house in a vehicle bearing registration no.mke/t/j-0880 and due to accident jairam fell down from the vehicle .....
Tag this Judgment!Court : Madhya Pradesh
..... evidence it has also come that deceased and injured persons were engaged on the vehicle for loading unloading, and this fact has not been disputed by the insurance company, therefore, insurance company is liable to indemnify the owner and the driver of the vehicle. learned counsel relied upon judgment of a division bench of this court in the matter ..... framing of issues and appreciation of evidence, claims tribunal awarded compensations for the death of deceased persons and the injuries sustained by injured as stated hereinabove. 4. the main ground raised by the insurance company in m.a. nos. 647/09, 648/09, 649/09, 651/09 and 650/09 is to the effect that the dumper in question ..... /2009, 753/2009, 757/2009, 768/2009, 769/2009 and 778/2009 as all these ten appeals have been filed under section 173 (1) of the motor vehicles act, 1988 assailing the common award dated 16/1/2009 passed by the fourth additional motor accidents claims tribunal, gwalior in claim case no.62/2007 (smt. babli and ors. .....
Tag this Judgment!Court : Madhya Pradesh
..... . a person, being an employer, who deducts the employees contribution from the wages payable to the employee for credit to the employees state insurance fund held and administered by the employees state insurance corporation established under the employees state insurance act, 1948 (34 of 1948), shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if ..... by allowing the revision vide order dated 17.11.11 directed the court below to comply with the order dated 17.3.2010 passed in criminal revision no.227/09. 4. the trial court thereafter passed the impugned order dated 2.2.12 framing charge under section 406 of ipc against the petitioner. against that order, this criminal revision has been .....
Tag this Judgment!Court : Madhya Pradesh
..... village badora, tehsil karera, district shivpuri have called in question the legality, validity and propriety of the notification dated 23.8.2013 issued under section 4 of the land acquisition act, 1984 (act). the petitioners have also prayed that the respondents be restrained from encroaching the land over which they intend to construct a water pond. 2. shri ..... road transport corpn. and ors.), air 1989 sc 1614 (bansidhar and ors. vs. state of rajasthan and ors.), air 1991 sc 2156 (vinon gurudas raikar vs. national insurance co. ltd. and ors.) and air 1993 sc 1188 (m/s. p.v. mohammad barmay sons vs. director of enforcement). to elaborate, shri dudawat, learned counsel for ..... to have lapsed and the appropriate government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this act: provided that where an award has been made and compensation in respect of a majority of land holdings has not been deposited in the account of the .....
Tag this Judgment!Court : Madhya Pradesh
..... at least a sum of rs.25,000/ along with the memorandum of appeal as required by proviso to section 173 (1) of the 1988 act. the owner as well as the insurer are saddled with the liability to pay the amount of compensation whereas the in case of claimant, the amount of compensation is awarded by the tribunal. ..... prospective litigants which amount to denial of access to justice. and, the legislature has been unmindful of this aspect. the legislation, thus, suffers from non application of mind. (iv) the provisions of amendment are arbitrary and discriminatory. (v) that it is beyond the legislative powers of the state legislature to amend the schedule. 8. as regard to grounds ..... must, therefore, deal with the appellant's contention on the basis that the court fees on his memorandum of appeal must be levied under s. 7(iv) (b) of the act." these observations prima facia seem to support the contention of the respondents but on a closer scrutiny of the entire decision it seems to us that this court .....
Tag this Judgment!Court : Madhya Pradesh
..... lower side and deduction of 3rd amount towards personal expenses is on higher side. it is prayed that appeal be allowed and amount be enhanced. 5. learned counsel for respondent/insurance company submits that the deceased was bachelor and deduction of l/3rd amount is on higher side. multiplier of 13 has wrongly been applied and amount awarded is already on ..... awarded is as under: towards loss of dependency 3,12,000/- towards loss of love and affection 10,000/- towards loss of funeral expenses 2.000/- total 3,24,000/- 4. learned counsel for the appellant submits that in a motor accident which took place on 11-5-2007 one mangal aged 20 years died. it is submitted that for assessing ..... n.k. mody, j: 1. this is an appeal filed by the claimants under section 173 of the motor vehicles act against an award dated 22-10 2008 passed by motor accident claims tribunal, ratlam in claim case no. 23/2008. by impugned award, the claims tribunal has awarded a total .....
Tag this Judgment!Court : Madhya Pradesh
..... been removed from concerned register of the gram panchayat and, therefore, this photocopy be treated as secondary evidence. 3. the plaintiffs filed its reply dated 5.4.2011. it is stated that the plaintiffs have never signed any partition deed. the photocopy is a fabricated document. it is prayed by the plaintiffs that ..... rival contentions of the parties and perused the record. section 63 of evidence act reads as under:- "secondary evidence means and includes-- certified copies given under the provisions hereinafter contained; copies made from the original by mechanical processes which in themselves insure the accuracy of the copy, and copies compared with such copies; copies made ..... photocopy is not admissible in evidence and the same be rejected. 4. shri santosh agrawal, learned counsel for the petitioners relied on section 63 and 65(c) of the evidence act. it is argued that the photocopy is admissible in evidence in the case where the original has .....
Tag this Judgment!Court : Madhya Pradesh
..... .. the issues which need to be taken care of by the chief justice/his designates are summarised by supreme court in catena of judgments including (2009) 1 scc 267, national insurance co. ltd. v. boghara polyfab (p) ltd.. this is followed by the apex court in (2012) 2 scc 93, reva electric car co. (p) ltd. v. ..... interpretation, validity and or scope of any clause of this agreement or regarding the validity of this agreement shall be referred to the sole arbitrator under arbitration and conciliation act. party no.1 shall appoint the arbitrator. 15. that, all disputes shall be subject to the exclusive jurisdiction of courts at gwalior. place of arbitration shall be ..... section 19 of the act also shows the intention of the law makers that strict principles of civil procedure code would not be applicable. for this reason, i am unable to persuade myself with the contention of shri dudawat that the application must fail because it is not filed on behalf of the firm. issue no.(iv) : 21. this objection .....
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