MALTI BAI Vs. RAMADHAR SINGH
LAWS(MPH)-2000-9-18
HIGH COURT OF MADHYA PRADESH
Decided on
September 30,2000
MALTI BAI
Appellant
VERSUS
RAMADHAR SINGH
Respondents
Referred Judgements :-
AHMEDABAD MILLOWNERS ASSOCIATION VS. TEXTILE LABOUR ASSOCIATION [REFERRED TO]SUKH RAM VS. GAURI SHANKAR [REFERRED TO]
TOWN MUNICIPAL COUNCIL ATHANI VS. PRESIDING OFFICER LABOUR COURTS HUBLI [REFERRED TO]
NITYANANDA M JOSHI VS. LIFE INSURANCE CORPORATION OF INDIA [REFERRED TO]
KERALA STATE ELECTRICITY BOARD TRIVANDRUM VS. T P KUNHALIUMMA [REFERRED TO]
STATE OF HARYANA VS. DARSHANA DEVI [REFERRED TO]
MAJOR RETD INDER SINGH REKHI VS. DELHI DEVELOPMENT AUTHORITY [REFERRED TO]
VIJAY PRAKASH D MEHTA VS. COLLECTOR OF CUSTOMS PREVENTIVE BOMBAY [REFERRED TO]
ADDITIONAL SPECIAL LAND ACQUISITION OFFICER BANGALORE VS. THAKOREDAS MAJOR [REFERRED TO]
DHANNALAL VS. D P VUAYVARGIYA [REFERRED TO]
SHANKARAYYA VS. UNITED INDIA INSURANCE COMPANY LIMITED [REFERRED TO]
AJAIB SINGH VS. SIRHIND CO OPERATIVE MARKETING CUM PROCESSING SERVICE SOCIETY LIMITED [REFERRED TO]
UNITED INDIA INSURANCE COMPANY LIMITED VS. RAJENDRA SINGH [REFERRED TO]
CHINNAMA GEORGE VS. N K RAJU [REFERRED TO]
RITA DEVI VS. NEW INDIA ASSURANCE COMPANY LIMITED [REFERRED TO]
GAYA PRASAD VS. SURESH KUMAR [REFERRED TO]
ORIENTAL INSURANCE CO. LTD. V. CHINTAMAN [REFERRED TO]
UNITED INDIA INSURANCE COMPANY LIMITED VS. RAMDAS PATIL [REFERRED TO]
NEW INDIA INSURANCE COMPANYLIMITED BHOPAL VS. RAFEEKA SULTANA [REFERRED TO]
BHAGWATI DEVI VS. I.S. GOEL [REFERRED TO]
Cited Judgements :-
UNITED INDIA INSURANCE CO LTD VS. VIJAYA [LAWS(MAD)-2005-12-59] [REFERRED TO]NEW INDIA ASSURANCE CO.LTD VS. SUMALIBEN W/O MANSINGBHAI NURABHAI NAYAK [LAWS(GJH)-2012-3-283] [REFERRED TO]
JUDGEMENT
Arun Mishra, J. -
(1.)This order shall also govern the disposal of Civil Revision No. 2057 of 1999.
(2.)The insurer and the claimants have both come to this court. The claimants have filed the instant M.A. No. 885 of 1999 and the insurer has filed Civil Revision No. 2057 of 1999 against the same award. The claimants' prayer is for enhancement. Insurer submits in the revision that claim was hopelessly barred by limitation and it ought not to have been entertained by the Claims Tribunal, hence revision be allowed and the award set aside.
(3.)Before adverting to the legal questions involved, the facts relevant for deciding the present appeal/revision be stated: One Babulal Kewat died in an accident occurred on 9.10.1990. The claim petition was preferred by the widow and three minor children of the deceased besides Janmati, his mother. Babulal was going in jeep No. MBL 7683 to Bilaspur. When the jeep reached near Nariyara turning, truck No. MBL 6130, driven by Chhotelal in a rash and negligent manner, hit the jeep as a result of which Babulal suffered various injuries and died. Criminal case was registered against the driver for offences under sections 279, 337 and 304-A, Indian Penal Code and prosecution was launched. Babulal (26) was earning Rs. 4,000 per month. The deceased after spending Rs. 1,000 on himself used to give Rs. 3,000 per month to the claimants. Expenses were also incurred on the last rites of the deceased. Thus, a total amount of Rs. 16,57,000 was claimed.
(2.)The insurer and the claimants have both come to this court. The claimants have filed the instant M.A. No. 885 of 1999 and the insurer has filed Civil Revision No. 2057 of 1999 against the same award. The claimants' prayer is for enhancement. Insurer submits in the revision that claim was hopelessly barred by limitation and it ought not to have been entertained by the Claims Tribunal, hence revision be allowed and the award set aside.
(3.)Before adverting to the legal questions involved, the facts relevant for deciding the present appeal/revision be stated: One Babulal Kewat died in an accident occurred on 9.10.1990. The claim petition was preferred by the widow and three minor children of the deceased besides Janmati, his mother. Babulal was going in jeep No. MBL 7683 to Bilaspur. When the jeep reached near Nariyara turning, truck No. MBL 6130, driven by Chhotelal in a rash and negligent manner, hit the jeep as a result of which Babulal suffered various injuries and died. Criminal case was registered against the driver for offences under sections 279, 337 and 304-A, Indian Penal Code and prosecution was launched. Babulal (26) was earning Rs. 4,000 per month. The deceased after spending Rs. 1,000 on himself used to give Rs. 3,000 per month to the claimants. Expenses were also incurred on the last rites of the deceased. Thus, a total amount of Rs. 16,57,000 was claimed.
Copyright © Regent Computronics Pvt.Ltd.