Court : Madhya Pradesh
Reported in : AIR2007MP118
..... , on the other hand, submitted that he has filed this pil bona fide to ensure the safety of public through compliance of the public liability insurance act, 1991 and the public liability insurance rules, 1991 and manufacture, storage and import of hazardous chemical rules, 1989, as amended by the amendment rules, 2000, by the respondents.4. ..... and that in such accidents property worth several crores has been lost. the petitioner has stated that such accident have posed a serious threat to the life and property of the public and his contention is that to cover the risk to the public from such hazardous activities carried on in the ordnance factories ..... further amount, such amount shall be recoverable from insurer as arrears of land revenue or of public demand.(3) the central government may, by notification, exempt from the operation of sub-section (1) any owner, namely.(a) the central government;(b) any state government,(c) any corporation owned or controlled by the central government or .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : IV(2006)ACC114; 2007ACJ2840
..... in nature, deserves to be reduced so as to make it a just and reasonable one. according to the insurance company, they have obtained the requisite permission as contemplated under section 170 of the motor vehicles act from the tribunal for contesting the case on merits on all the defences available to owner and driver who were ..... for the guidance of the courts in this country while deciding the issue of compensation:(5) certain principles were highlighted by this court in the case of municipal corporation of delhi v. subhagwanti 1966 acj 57 in the matter of fixing the appropriate multiplier and the computation of compensation. in a fatal accident action, the accepted ..... to the dependants during that period, the chances that deceased may not have lived or dependants may not live up to the estimated remaining period of their life expectancy, the chances that the deceased might have got better employment or income or might have lost his employment or income altogether.(9) the manner of arriving .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2006(110)FLR507]
..... to any specific controlled industry, or the establishment of any railway, cantonment board, major port, mine or oilfield or the establishment of banking or insurance company if the answer is in the affirmative, the central government will be the appropriate government; otherwise will the appropriate government; otherwise in relation to ..... contract labour for sweeping, cleaning, dusting and watching of buildings owned or occupied by establishment in respect of which the appropriate government under the said act is the central government. this clearly indicates that the central government had not adverted to any of the essentials, referred to above, except the ..... for sweeping, cleaning, dusting and watching of buildings owned or occupied by the establishments in respect of which the appropriate government under the said act is the central government:provided that this notification shall not apply to the outside cleaning and other maintenance operations of multi-storeyed buildings where such .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(1)MPLJ419
..... been given in writing to the office to which premiums under this policy were paid last atleast one calendar month prior to death.8. life insurance corporation act, 1956, is a beneficial piece of legislation. it was enacted to ensure absolutely security to the policy holder in the matter of his ..... evidence that bhagchand sharma did commit suicide. the sole witness appearing on behalf of the defendants/revisionist was sudhir who happened to be assistant administrative officer of life insurance corporation of india at khandwa. his entire statement is based upon the record of the police department. it was admitted in paragraph 11 of his statement that there ..... of the deceased. accordingly, the learned trial judge concluded that the death of bhagchand sharma fell in the category of suicide. so the plea of the life insurance corporation of india was upheld that no money was payable under the said policy since bhagchand sharma had committed suicide within one year from the date of policy. however .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : IV(2005)ACC99; 2006ACJ462
..... of the claimants. in the absence of any crossappeal or even cross-objection filed by any of the respondents, namely, owner, driver and insurer, those findings have attained finality and, therefore, they need not be taken note of.4. it is death case in which one jagdish ..... 5. heard mr. n. jain and mr. tarun kushwaha for the appellants and mr. r.j. pandit, learned counsel for the respondent insurance company.6. having heard the learned counsel for the parties and having perused the record of the case, we are inclined to allow this ..... met with a motor accident on 26.12.2003. he lost his life leaving behind widow, children and aged parents. he was aged about 28 years. as observed supra, he was engaged in the business/profession ..... m. sapre and ashok kumar tiwari, jj.1. claimants are in appeal under section 173 of the motor vehicles act, questioning the legality and validity of the award dated 25.11.2004 passed by the learned additional member, m .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006ACJ311
..... p4, it is apparent that on the alleged date of accident the driver did not possess a valid licence in terms of the provisions of motor vehicles act, 1988. the tribunal relying on oriental insurance co. ltd. v. indira rani , held that though the driver of the vehicle did not possess a valid licence it cannot be said that on the said ..... are the widow and minor children of the deceased. they filed a claim for rs. 2,50,000 stating that the deceased was a safai karmachari in the sihora municipal corporation, aged 35 years and earning rs. 1,992 per month and that all the claimants were dependent on him.6. non-applicant nos. 1 and 2 denied the claim, ..... renewed intimated that the driver could be held to be having an invalid licence at the time of the alleged accident hence the liability cannot be shrugged off by the insurance company. however, much water has flown below the bridge since then. the recent view of the apex court in the matter of holding an invalid licence, temporary licence and .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006ACJ317
..... driver of tempo trax did not have a valid and effective licence at the time of accident in violation of insurance policy, hence the insurer is not liable for payment of compensation.5. learned claims tribunal found that the driver of tempo trax, respondent no. 1, drove the vehicle rashly and negligently ..... assurance co. ltd. total compensation of rs. 27,10,280 was claimed.4. the driver and the owner did not file their written statement before the claims tribunal. the insurer in written statement contended that it was case of negligence on the part of the deceased himself. he drove the motor cycle rashly and negligently. both the deceased and the ..... -objection has been filed. we award the sum of rs. 5,000 on account of loss of consortium to widow, rs. 5,000 on account of loss of expectancy of life, rs. 2,000 towards funeral expenses and rs. 2,500 for loss to the estate. thus, the total compensation for death comes to rs. 10,29,600 + rs. 5 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006ACJ411; 2005(4)MPLJ26
..... year from agriculture and the same was not taken into consideration for assessing the dependency and prayed for adequate enhancement.8. on the other hand, counsel for the insurer, respondent no. 3, supported the impugned award and submitted that the approach of the tribunal regarding contributory negligence of both the vehicles and its drivers cannot be ..... to appellant and in addition to it, rs. 2,000 for funeral expenses, rs. 2,500 for loss to the estate, rs. 5,000 for expectancy of life and rs. 5,000 for loss of consortium to the appellant no. 1 are also awarded.12. thus, by modifying the award of claims tribunal the appellants are ..... that in the absence of any evidence or rebuttal on behalf of the respondents, sufficient circumstances were available on record to draw adverse inference regarding rash and negligent act of respondent no. 1. thus, firstly he prayed for setting aside the findings of the tribunal regarding contributory negligence and for saddling the entire liability against the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006ACJ443
..... 102. the summary of our findings to the various issues as raised in these petitions are as follows:(i) chapter xi of the motor vehicles act, 1988 providing compulsory insurance of vehicles against third party risks is a social welfare legislation to extend relief by compensation to victims of accidents caused by use of motor vehicles. ..... tribunals in interpreting policy conditions would apply 'the rule of main purpose' and the concept of 'fundamental breach' to allow defences available to the insurer under section 149(2) of the act.(vii) the question as to whether the owner has taken reasonable care to find out as to whether the driving licence produced by the driver, ..... the provisions of compulsory insurance coverage of all vehicles are with this paramount object and the provisions of the act have to be so interpreted as to effectuate the said object.(ii) insurer is entitled to raise a defence in a claim petition filed under section 163a .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2005(2)MPHT206; 2005(2)MPLJ550
..... of a rule having the force of a statute, the order in jamna das case was delivered without argument, without reference to the relevant provisions of the act conferring express power on the municipal corporation to direct removal of encroachments from any public place like pavements or public streets, and without any citation of authority. accordingly, the high court's decision based ..... is satisfied even in a case where a difference between the special law and limitation act arose by omissions to provide for a limitation to a particular proceeding under the limitation act, see canara bank, bombay v. warden insurance co. ltd., bombay, air 1953 bom 35 (supra) approved by the supreme court in vidyacharan shukla v. khubchand, air 1964 sc 1099 (1102).once .....
Tag this Judgment!