Court : Madhya Pradesh
Reported in : 2008ACJ1783; AIR2008MP47
..... of the motor vehicles highly dangerous; that 'hit and run' cases were increasing in number and thereafter analysing the concept of taking insurance policy under the 1939 act and scanning the anatomy of various provisions of 1939 act eventually expressed the view as follows (para 9):clauses (b) and (c) of sub-section (1) of section 110a of ..... of a math, as such, is not a trustee in the sense in which that term is generally understood, but in legal contemplation he has an estate for life in its permanent endowment and an absolute in the income derived from the offerings of his followers, subject only to the burden of maintaining the institution. he is ..... can be regarded as a brother for the purpose of maintaining a claim petition under section 166 of the act, it is appropriate to refer to a two judge bench decision of the apex court rendered in gujarat state road transport corporation, ahmedabad v. ramanbhai prabhatbhai : [1987]3scr404 . in the aforesaid case, the question that emerged for .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2007(4)MPHT155
..... it is, there are various constitutional wings which carry out the same function. the citizenry grievances have to be looked into. the corruption in the public life is required to be curbed. a situation of non-corruptibility has to emerge. a statutory authority like lokayukt is required to enquire into the allegations of ..... lokayukt(3) without prejudice to the provisions of sub-section (1), the lokayukt or an up-lokayukt may for the purpose of conducting enquiries under this act, utilize the services of:(i) divisional vigilance committee constituted under section 13-a; (ii) any officer or investigating agency of the state or central government ..... contentions:(a) the lokayukt organization having been brought into existence under the madhya pradesh lokayukt evam up-lokayukt adhiniyam, 1981 (hereinafter referred to as '1981 act') cannot be regarded a department of the government and, therefore, the transfer to the said organisation would tantamount to foreign service.(b) the frequent transfers .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2007MP247; 2007(1)MPLJ256
..... defined under section 2(g)(v)(ii) of the adhiniyam of 1981. it is further held that the madhya bharat municipal corporation act 1956 and now the madhya pradesh municipal corporation act, 1956 as amended by m.p. act 13 in 1961 it is a state enactment and under the provisions of law read with article 162 of the constitution of ..... . the city of jabalpur, situated in the mahakoshal region of the state was governed by the city of jabalpur corporation act, 1958 (m.p. act 3 of 1950). vide section 3 of m.p. act 13 of 1961, the madhya bharat act was extended to the other regions of the state from the appointed dated i.e. 20th may 1962. sub-section ..... that lokayukt has not considered the notification dated 30th october 1956 and the provisions of section 1(3) of the madhya bharat corporation act, 1956 and in the notification nowhere it has been mentioned that the corporation has been established by the state government, on the contrary it says about the rajpramukh and section 1(3) says that the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2007ACJ2486; AIR2007MP237
..... into account in deciding the quantum of compensation due to the workman.15. orissa high court in the case of divisional manager, oriental insurance co. limited v. giriwal transport corporation 1994 lab ic 2655 (orissa), has also considered and taken a view that bhatta paid to a workman forming a part of ..... (including dearness allowance) as the workman is for the time being entitled to;(ii) *** *** ***(iii) any travelling concession;(iv) *** *** ***the workmen's compensation act. 1923:(m) 'wages', includes any privilege or benefit which is capable of being estimated in money, other than a travelling allowance or the value of any travelling concession ..... (b) *** *** ***(c) any additional remuneration payable under the terms of employment (whether called a bonus or by any other name);(d) & (e) *** *** ***minimum wages act. 1948:section 2(h) - 'wages' means all remuneration, capable of being expressed in terms of money, which would, if the terms of the contract of employment, express or implied .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2007(114)FLR824]; (2007)IILLJ584MP
..... no. 606/2003 national india rubber works ltd., katni v. employees state insurance corporation and anr.2. the instant appeal has been filed under section 82 of the employees state insurance act, 1948 (in short 'the act'). the appellant company is registered under the indian companies act, 1926 having its registered office at katni and is also having a factory. ..... are not the employees of the company and are the employees of contractors.6. on the other hand, shri sanjay lal, learned counsel for the respondent/corporation submits that no document was filed by the appellant in the esi court in order to substantiate their contention and, therefore, the esi court rightly dismissed the ..... application of appellant which was filed under section 75 of the act in order to quash annexure p/1 which was a demand by the corporation.7. having heard learned counsel, for the parties, i am of the view that this appeal deserves to be allowed .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2007)IIILLJ1014MP
..... no. 606/2003 (national india rubber works ltd., katni v. employees state insurance corporation and anr.2. the instant appeal, has been filed under section 82 of the employees state insurance act, 1948; (in short 'the act'). the appellant company is registered under the indian companies act, 1926 having its registered office at katni and is also having a factory. ..... who are not the employees of the company and are the employees of contractors.8. on the other hand sri sanjay lal, reamed counsel for the respondent/corporation submits that no document was filed by the appellant in the esi court in order to substantiate their contention and, therefore, the esi court rightly dismissed ..... the application of appellant which was filed under section 75 of the act in order to quash annexure p-1 which was demand by the corporation.9. having heard learned counsel for the parties, i am of the view that this appeal deserves to be allowed and .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(2007)ACC521; 2008ACJ821
..... at the relevant time was moving in a bus which was hit by offendig truck driven rashly by respondent no. 1, owned by respondent no. 2 and insured by respondent no. 3. in the accident, occurred on public way the claimant/appellant sustained injuries and among others sustained injury in vertebral column to the extent ..... into consideration the fact that permanent disablement under reference at the age of 23 years is a serious matter because for a very long remaining period of his life the claimant/appellant will have to bear the trauma flowing from the permanent disablement. he was only 23 years when the accident occurred, therefore, considering all ..... of 5% permanent disablement. he applied under section 166 of the act before the learned tribunal below. the tribunal held that in the accident in question, he suffered permanent disablement to the extent of 5% in his vertebral column .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008ACJ493
..... compensation act against the employer. since the corporation was not at fault and the accident was caused because of the contributory negligence ..... liable for the negligence of the claimant himself. the claim petition did not make the corporation as a party to the claim obviously because the claimant exercised option of approaching the claims tribunal under motor vehicles act against the owner and insurer of the private bus. he did not file any claim under the workmen's ..... of the drivers of both the buses, the corporation could not be held liable under provisions of motor vehicles act. it was not a claim based on 'no fault liability'. it was a claim petition filed by the claimant against the owner and the insurer of the private bus. the claimant is also represented .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008ACJ2660; AIR2007MP134
..... pay the compensation. disagreeing with the narrow interpretation given by the learned single judge of this court in life insurance corporation's case, : air1976ori21 and following the full bench decision of the bombay high court in pandurang chimaji agale v. new india life ins. co. ltd. : air1988bom248 , i would hold that the road inside the secretariat compound is ..... whatsoever.10. bearing in mind the fact that the provisions of section 95 of the act are beneficial provisions for making the insurer liable to pay compensation in a case where death or bodily injury to any person or damage to any property of a third party ..... court, orissa high court and kerala high court referred to earlier in this judgment, the learned judges held that for the purpose of chapter viii of the act, the expression 'public place' will cover all places including those of private ownership where members of public have an access whether free or controlled in any manner .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008ACJ2254; AIR2007MP82; 2007(1)MPLJ396
..... . the aforesaid analogy as put forth by mr. anoop nair, learned counsel for the insurer suffers from a fundamental fallacy. the policy issued under the motor vehicles act, 1988 and under the policy issued under the life insurance corporation act relate to different and separate realms. under section 147 of the act requirement of policy and limits of liability are provided. there is no prohibition that the ..... , to a limited extend. submission of mr. nair, leaned counsel for the insurer is that the policy that has been issued in favour of the insured/ owner is comparable or akin to that of life insurance policy issued under the life insurance corporation act. it is urged by him that if the policy holder expires, the legal representatives cannot put forth a claim before the motor accident claims .....
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