Court : Madhya Pradesh
Reported in : I(1988)ACC267; 1991(0)MPLJ377
..... by this policy or any other person to recover an amount under or by virtue of the provisions of the motor vehicles act, 1939, section 96.but the insured shall......'thus, the policy (ex.na-1) indicates that the insured has taken the policy for a higher amount than the statutory limit of rs. 15,000/-. therefore, in such cases, ..... comprehensive third party liability may, however, cover against the legal liability for bodily injury or death of any party, even if it oversteps the limit provided for in the act. the assured is free to go in for a policy for his own protection to the extent of the liability that may be incurred, even though it is in ..... the insurer is one party to the contract that the policy holder is another party, and that claims made by others in respect of the negligent use of the car, may be naturally described as claims by third parties.'the privy council has also thus interpreted the words 'third party risk' in digby v. general accidents, fire and life assurance corporation, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1988)67CTR(MP)152
..... decisions laying down principles for determination of the question as to whether a particular expenditure was in the nature of capital expenditure or of revenue expenditure. in indore municipal corporation v. cit : [1981]132itr540(mp) , the facts were that the assessee which was a local body and derived income from sale of manure prepared out ..... the buildings and the structures on the demised land.22. lastly, reliance was placed by learned counsel for the assessee on the decision of the supreme court in madnani development corporation (p) ltd, v. cit : [1986]161itr165(sc) . the assessee, in that case, was a private company carrying on business as a contractor. it entered ..... arbitrator agreed upon by both parties or in the absence of such agreement by two arbitrators one to be appointed by each party. the provisions of the arbitration act, 1940, and any statutory modification thereof shall apply to any such arbitration. (10) you will abide by any terms and conditions that may be imposed by .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1990]68CompCas713(MP)
..... , which fact was not disputed by the respondents including respondent no. 2, provident fund commissioner, and respondent no. 3, employees' state insurance corporation.9. learned counsel for the petitioner, in support of his submission, placed a number of documents on record marked as annexures p-1 ..... counsel for respondent no. 2, placed reliance on the decisions in bhagirath kanoria v. state of m. p., air 1984 sc 1688; [1986] 68 fjr 98, bombay metal works p. ltd. v. regional director, employees' state insurance corporation ..... seek any indulgence from this court at this stage. learned counsel further submitted that like offences under the employees' provident funds act and the employees state insurance act are deemed to be continuing offences and in support of this submission, learned counsel, white adopting the arguments submitted by learned .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(1990)ACC161
..... ltd. chandigarh. v. sitla par shad and ors. (5).14. this being the legal position, the cases falling under section 92-a of the act where the vehicle involved in the accident is insured the insurer is also jointly and severally liable to pay the amount of ex-gratia award along with the owner of the vehicle.15. from the discussion aforesaid, ..... claimant to pay the amount of compensation when an award is passed by the tribunal arising out of the accident, where the insured bus is involved.7. chapter viii of the act also fixes pecuniary liability of an insurer in certain cases and further in proceeding for compensation for death or bodily injury in a motor accident, the owner of the ..... the opinion expressed by the supreme court in n.k.v. brother's case (supra). it has been in-corporate in chapter vii - a of the act by adding the same by amendment act of 1982.9. section 92-a of the act begins with words 'liability to pay compensation in certain cases on the principle of no fault'' and sub-section .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1988MP181; 1988MPLJ266
..... includes livelihood was considered and rejected in in re : san! ram. air 1960 sc 932. the supreme court was considering validity of the amendment in life insurance corporation act, 1956, by the amending act of 1981. again the supreme court in state of maharashtra v. basantibai. air 1986 sc 1466 has held : --'then in the end we have ..... central government. by notification dated 28-10-1980 the central government transferred the ownership and management of the factories to the government company known as national bicycle corporation of india limited. the petitioner after serving a notice for demand of justice, filed the present petition. 3. the petitioner in m.p. no. 95 ..... (hereinafter referred to as act no. 70 of 1980) are ultra vires of the constitution and are also seeking a writ in the nature of mandamus directing the respondents to forthwith clear off the dues of the petitioners.2. petitioner m/s. pilani investment and industries corporation limited is an investment holding company carrying .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1990]68CompCas558(MP); 1988MPLJ676
..... or injured should be able to establish that he has some cause of action against the party responsible .... the purpose of enactment of the road traffic acts and making insurance compulsory is to protect the interests of the successful claimant from being defeated by the owner of the vehicle who has not enough means to meet his liability ..... , namely, the duty not to drive or permit a car to be driven unless the car is covered by the requisite form of third party insurance. section 94 of the act provides that no person shall use except as a passenger or cause or allow any other person to use a motor vehicle in a public place ..... motor vehicles, hardship was caused in a number of cases, where the person inflicting the injury was devoid of sufficient means to compensate the person affected. compulsory insurance was, therefore, introduced by amendingthe act. the following observations of the supreme court in minu b. mehth v. balkrishna ramchandra nayan [1977] 47 comp cas 736 (sc) are pertinent (at .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1(1989)ACC258
..... to the minor children it might be accepted that the deceased would have maintained them till they attain majority. in ramesh chandra v. m.p. state road transport corporation 1982 mplj 426 shri g.p. singh, chief justice speaking for the bench observed that the damages recoverable for loss to the estate in the case of death must ..... applied or where it has left out, some relevant factors in making the estimate, the appellate court must interfere.12. in case of damages for loss of life under fatal accidents act, the actual extent of pecuniary loss to the dependent must necessarily be an estimate or even partly a conjecture. what is required is that the plaintiff had a ..... learned counsel for the appellants did not contest the findings that bhulla kumhar died on 15-4-76 as a result of his coming in contact with the nacked snapped life conductor (electric wire). it was also not contested that the respondents were dependent upon him at the time of the death. counsel for the parties, however, as they .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1989(58)FLR133]; (1995)IIILLJ27MP
..... he was referred for the recommendation of the medical board appointed by the respondent employees' state insurance corporation, which is a statutory body under the act. hence the appellant presented an application under section 75 of the act before the employees' insurance court (for short the e.i.s. court) ujjain and claimed temporary disablement benefit of ..... claims for sickness and temporary disablement. after the scrutiny of the claim by the corporation, if the claim is denied by the corporation, then only cause of action arises to an insured person-an employee-under section 77 of the act to commence the proceedings before the e.i. court. in fact, the application ..... was premature and the e.i. court acted illegally in not deciding the question of maintainability of the application first and for not directing the appellant insured person to approach the e.i. court. the corporation was also responsible for not inviting the attention of the court to decide .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(1989)ACC20
..... shri m.l. dhupar, learned counsel for the appellant contended that this is the rarest of rare cases where the appellant-corporation could get an opportunity to challenge the award because in the application under section 110-a of the act, the monthly income of the deceased in para 3 has been stated as rs. 300/- per month and the widow has ..... spot. ibrahim was aged 40 years, who was a milk vendor and was earning about rs. 300/- per month. the respondent-claimants alleged that in their family the span of life is 90 years at the trial the claimants led evidence that the deceased was earning rs. 400/- per month, by selling of milk.3. the tribunal after recording of evidence ..... case no. 54/82.2. the brief facts leading to this appeal are: that the respondents-claimants no. 1 to 5 filed an application under section 110-a of the act against the appellant and the respondent no. 6, the driver of the motor vehicle, claiming compensation of rs. 1 lac for the death of ibrahim, the husband of respondent .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1991(54)ELT178(MP)
..... individuals are, to carry out obligations incurred by them because parties seeking to bind the authorities have altered their position to their disadvantage or have acted to their detriment on the strength of the representations made by these authorities.21. thereafter the supreme court had an occasion to consider the doctrine ..... terms and dealt with the grant of licences for import of goods and related matters, that it was statutory in character. the imports and exports (control) act, 1947, authorised the central government to make provisions prohibiting, restricting or otherwise controlling import, export, carriage etc. of the goods and by the imports (control ..... the petitioners are, therefore, entitled to seek the relief against the respondents on the ground of the representations, promise and assurances made by them, acting on which the petitioners established the present mini cement plant.7. the petitioners further aver that in 1981 again the government of india reiterated its position .....
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