Applicant filed Miscellaneous Commercial Case to modify an order dismissing appeals in a motor accident case, seeking a decision on the compensation ratio between itself and M.P. Road Transport Corporation.
Application dismissed with observation that no need to decide compensation ratio as execution court can handle it.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
M.C.C. N0. ^^ OF 2011
Chhattisgarh Infrastructure Development Corporation, Raipur, through its Managing Director, Chhattisgarh Infrastructure Development
APPLICANT : RESPONDNETNO.l
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Corporation, Raipur (CG).
RESPONDENT^ APPELLANT
Pramod Kumar Agrawal, S/o Shri Shrikishan Agrawal, aged about 54 years, Occupation Businessman, R/o Dhamtari, District Raipur.
2,,ss' Ram Narayan Tiwari, S/o Sharda Prasad Tiwari, aged about 68 Driver, years, M.P.S.R.T.C, R/o Marathiara, PS & Tahsil Dhamtari, District Raipur.
RESPONDENT: RESPONDNET N0.2
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.—.-.-.rAPPLICATION FOR MODIFICATlON/CLARIFICATION OF THE ORDER DATED 16/9/2010 PASSED BY THIS ^^•^' HON'BLE COURT IN_ M.A. N0.916 OF 1997 (PRAMOD KUMAR AGRAWAL V. CHHATTISGARH INFRASTRUCTURE DEVELOPMENT CORPORATION & ANOTHER)
^
HIGH COURT OF CHHATTISGAFSH. BILASPUR
DB: Hou'ble Dr. Justice I. M. Quddusi & Hon'ble M».Justice H.K. AGRAWAL, JJ
M.C.C. No.856/2011
APPLICANT:
ChhattisgarU Infrastructure Developiaent Coiporation.
Vs.
RESPONDBNTS:
Pramod Kuiuar Aerawal and anotlier
Appearaace:
Mr. Vivek Raajaa Tiwari, counsel forlthe appeUaut.
ORAL ORDBR
(13.12.2011)
Per I.M. QUDDUSI. J,
.1--
This auplication has been filed for inodi&cation of fhe cominon order dated 16.09.2010 passed by us ia M.A.No.913/1997 aad 916/2007 whereby the said appeals have been. disinissed uoholdiag fhe award of the Motor Accidents Claims Tribuiial ia. in Claim Case passed No. 108/ 1991. This appUcation has been filed witti a view to decide fh.e ratio of coinpensation to be paid by fhe applicant Chhattisgarh Infi-astructure Developiaent Corporation ajld fhe M.P. Road Traasport Corporation. After disinissal of the appeals, ftie Claimaats would ultunately file execution appUcation before the Claiins Tribunal concemed for execution ofthe award. For fhe purpose ofdecidiiig the ratio, the executing Court is quite conipetent to execnte fhe award. . ia' accordance wifh law.
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M.C.C. is disirdssed with fhe observatioas aforesaid.
Sd/-
DR. I.M.Quddusi Sd/Judge N.K. Agarwal
N.K. Agarwal Judge
Rao
1 issue framed by the court
whether this court should determine the ratio of compensation between the applicant and M.P. Road Transport Corporation while dismissing the appeals.
Chhattisgarh Infrastructure Development Corporation
Pramod Kumar Agrawal
Ram Narayan Tiwari
I.M. Quddusi
N.K. Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
