Delhi Court August 2017 Judgments
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Iffco Tokio General Insurance Co Ltd vs.roop Kumar & Ors
Court: Delhi
Decided on: Aug-31-2017
$~ 7 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:31. t August, 2017 + MAC.APP. 1105/2016 and CM479412016 IFFCO TOKIO GENERAL INSURANCE CO LTD ..Appellant Through: Mr. A.K. Soni, Advocate Versus CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ROOP KUMAR & ORS JUDGMENT (ORAL) Through: Mr. O.P. Mannie, Adv. for R-1 ........ RESPONDENTS 1. The first respondent (claimant), then 23 years old, suffered injuries in a motor vehicular accident that occurred on 14.04.2015 at about 9:30 p.m. due to negligent driving of a truck bearing registration no.HR-55K-2625 which was admittedly insured against third party risk with the appellant / insurance company (insurer). The injuries suffered led to amputation of left lower limb of the claimant. The Motor Accident Claims Tribunal (Tribunal) has assessed the functional disability to the extent of fifty per cent (50%) and granted compensation, inter alia, towards loss of future income.2. The appeal by the insurer, on which the liability has been fastened, is...
Manjula & Anr. Vs.arvindra Kumar & Anr.
Court: Delhi
Decided on: Aug-31-2017
$~R-154 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:31. t August, 2017 + MAC APPEAL No.6/2010 MANJULA & ANR. ..... Appellants Through: None. versus ARVINDRA KUMAR & ANR. ........ RESPONDENTS Through: Mr. Pankaj Seth, Adv. for R-3. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Santosh Kumar, aged 25 years, working as Nursing Attendant in Safdarjung Hospital, met with an accident on 03.03.2004 due to negligent driving of tempo bearing registration No.HR38C9947 admittedly insured against third party risk with the third respondent (insurer). His wife and other members of the family dependent on him, now the appellants, instituted accident claim case (suit No.176/2004) on 02.04.2004, seeking compensation on the principle of fault liability.2. The tribunal held inquiry and, by judgment dated 26.11.2008, upheld the said claim and awarded compensation computed to the sum of Rs. 9,00,952/- directing the insurer to pay with interest. The present appeal was filed questioning th...
Narendra Kumar Rajgarhia vs.m/s. Vao Techmash Export & Anr.
Court: Delhi
Decided on: Aug-31-2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :18. h AUGUST, 2017 DECIDED ON :31. t AUGUST, 2017 CS(OS) 176/2000 NARENDRA KUMAR RAJGARHIA ..... Plaintiff Through : Mr.C.Mukund, Advocate with Mr.Ashok Jain, Mr.Amit Kasera & Ms.Priyanka Dass, Advocates. VERSUS M/S. VAO TECHMASH EXPORT & ANR. ..... Defendants Through : Mr.P.K.Manohar, Advocate with Mr.Kuldeep Pablay, Advocate for Defendant No.2. CORAM: HON'BLE MR. JUSTICE S.P.GARG + S.P.GARG, J.1. The present suit for rendition of accounts and recovery of money found to be due has been filed by Narender Kumar Rajgarhia carrying on business under the name and style of M/s.Texcomash Exports as sole proprietor (hereinafter referred to as plaintiff) against the defendant No.1 M/s. VAO Techmashexport having its place of business at No.101850, Moscow Centre, Maroseyka Str. 12, Russia (hereinafter referred to as defendant No.1) and M/s. Anglo French CS(OS) 176/2000 Page 1 of 11 Textiles, a unit of M/s. Pondicherry Textile Corporation Ltd...
Icici Lombard General Ins. Co. Ltd vs.maya Devi & Ors
Court: Delhi
Decided on: Aug-31-2017
$~R-152 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:31. t August, 2017 + MAC.APP. 641/2009 ICICI LOMBARD GENERAL INS. CO. LTD...... Appellant Through: Mr. Pankaj Gupta for Ms. Suman Bagga, Adv. Versus MAYA DEVI & ORS Through: None. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The insurance company on which the liability to pay compensation, has been fastened by the impugned judgment dated 01.10.2009 on the claim petition (Petition No.266/2008) instituted by first to third respondents (collectively, the claimants), awarding compensation in the sum of Rs. 7,92,000/-, is in appeal questioning the loss of dependency, by inclusion of the factor of future prospects pointing out that the claimants had failed to prove nature of employment or the earnings of the deceased and, thus, the tribunal was constrained to go by the minimum wages (Rs. 3,633/-), payable to an unskilled workman, on the relevant date of accident i.e. on 05.06.2008.2. In the case repo...
Icici Lombard General Insurance Co. Ltd…. Vs.kavita & Ors.
Court: Delhi
Decided on: Aug-31-2017
IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:31st August, 2017 $~33 to 35 * % + MAC.APP.181/2015 ICICI LOMBARD GENERAL INSURANCE CO. LTD.Appellant Through: Mr.Pankaj Gupta, Advocate for Ms.Suman Bagga, Advocate. ........ RESPONDENTS versus PANKAJ SABLOK & ORS. Through: + MAC.APP.184/2015 ICICI LOMBARD GENERAL INSURANCE CO. LTD.Appellant Through: Mr.Pankaj Gupta, Advocate for versus Ms.Suman Bagga, Advocate. KAVITA & ORS. Through: Ms.Kavita Tyagi, Advocate Mr.Navneet Goyal, Advocate respondents no.4 and 5. ........ RESPONDENTS for for + MAC.APP.186/2015 & CM1592016 ICICI LOMBARD GENERAL INSURANCE CO. LTD.Appellant Through: Mr.Pankaj Gupta, Advocate for versus Ms.Suman Bagga, Advocate. RAM KAWAL & ORS. ........ RESPONDENTS MAC.APP.181/2015, 184/2015, 186/2015 Page 1 of 6 Through: Mr.Siddharth and Mr.Dinesh Kumar, Advocates for respondents no.1 to 5. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) 1. The appellant has challenged the common award dated 29th October, 2014 ...
M/S Jagota Electronics vs.samsung India Electronics Ltd.
Court: Delhi
Decided on: Aug-31-2017
* + IN THE HIGH COURT OF DELHI AT NEW DELHI RFA3382010 M/S JAGOTA ELECTRONICS ..... Appellant Through: Mr.K.K. Aggarwal and Ms.Gayatri Aggarwal, Advocates. versus SAMSUNG INDIA ELECTRONICS LTD. ..... Respondent Through: Ms.Meenakshi Midha, Mr.Kapil Sinha, and Ms.Aashna Midha Advocates. CORAM: HON'BLE MR. JUSTICE P.S.TEJI (ORAL) ORDER3108.2017 P.S.TEJI, J.1. Aggrieved by the judgment and order dated 12.03.2010 passed by the Court below dismissing the suit of the plaintiff/appellant for recovery of Rs.19,95,021/-, the present appeal has been filed.2. Case of the plaintiff/appellant is that despite being established before the Court below, the Court below has dismissed the suit of the plaintiff/appellant on issue nos.2 and 3 i.e. entitlement of the plaintiff to the recovery of suit amount and interest.3. The submissions made by the counsel for the plaintiff/appellant are that the plaintiff/appellant had been working as a dealer of the products of the respondent/defendant in North Delhi an...
Sbi General Ins. Co. Ltd. Vs.usha Rani & Ors.
Court: Delhi
Decided on: Aug-31-2017
$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:31. t August, 2017 + MAC APPEAL No.831/2016 SBI GENERAL INS. CO. LTD. ..... Appellant Through: Mr. Amit Kr.Maihan, Adv. versus USHA RANI & ORS. ........ RESPONDENTS Through: Mr. D.K. Sharma, Adv. for R-1 & 2. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. In the accident claim case (petition No.163/2014) instituted by the first respondent (claimant) on 10.07.2014, seeking compensation on account of death of her son Abhishek Arora, the tribunal, by judgment dated 29.04.2016, has awarded compensation in the total sum of Rs. 27,60,500/-, fastening the liability on the appellant insurance company (insurer), the said amount inclusive of loss of dependency calculated on the income of Rs. 44,200/- per month on the basis of the statement of Munish Chauhan (PW-2), Senior Manager (HR), of Apport Construction Pvt. Ltd. who tendered document (mark A) purporting to be copy of the appointment letter of the deceased with the said enti...
Amarjeet Dhankar vs.the State Nct of Delhi & Anr
Court: Delhi
Decided on: Aug-31-2017
$~37 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(CRL) 2190/2017 AMARJEET DHANKAR & ORS. ........ Petitioners Through: Mr. Avtar Singh, Advocate along with petitioners in person. versus THE STATE NCT OF DELHI & ANR ........ RESPONDENTS Through: Mr.Ashish Negi, Advocate for Ms.Richa Kapoor, ASC for the State with SI Satish Yadav, PS Dwarka North, Delhi. Mr. Shailesh Singh, Advocate for R-2 along with respondent No.2 in person. % 1.2. 3. CORAM: HON'BLE MR. JUSTICE VINOD GOEL ORDER3108.2017 Status report has been filed. The petitioners have invoked the writ jurisdiction of this court under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short Cr.PC) for quashing of the FIR bearing No.205/2017, registered on 05.07.2016 against them with Police Station Dwarka North, South West District, Delhi, under Sections 379/356/325/5IPC on the complaint of respondent No.2. As per the allegations, an altercation took place between the respon...
s.s. Technologies vs.n.g. Technologies Ltd
Court: Delhi
Decided on: Aug-31-2017
$~C-26 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Delivered on:31. t August, 2017 CO.PET. No.314/2009 & CA No.1441/2017 + S.S. TECHNOLOGIES Through : None versus N.G. TECHNOLOGIES LTD ........ Petitioner ..... Respondent Through : Mr.Adil Khan, Adv. for Mr.Rishi Manchanda, standing counsel for OL Mr.Tanuja Sharma, Adv. CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA YOGESH KHANNA, J.1. This application (CA No.1441/2017) is under Section 481 of the Companies Act filed on behalf of the Official Liquidator wherein he has sought for dissolution of the company. The Official Liquidator was appointed as Provisional Liquidator vide an order dated 01.06.2010 of respondent company viz. M/s N.G. TECHNOLOGIES LTD. on a petition filed by S.S.TECHNOLOGIS with directions to take charge of all assets, books of accounts and statutory records of the Company (in Liquidation).2. M/s N.G. TECHNOLOGIES LTD. was ordered to be finally wound up by this Court vide order dated 14.07.2011. The citation was CO.PET. No.3...
Kishan Lal Jewels (P) Ltd. Vs.pec Limited
Court: Delhi
Decided on: Aug-30-2017
$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:30. 08.2017 ARB.P. 542/2017 KISHAN LAL JEWELS (P) LTD. PEC LIMITED versus ........ Petitioner ..... Respondent Advocates who appeared in this case: For the... Petitioner : Mr. Jagjit Singh with Mr. Preet Singh, Advocates. For the... RESPONDENTS : Mr. Rajesh Kumar Gautam, Advocate. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT3008.2017 SANJEEV SACHDEVA, J.(ORAL) IA No.9895/2017 (exemption) Exemption is allowed subject to all just exceptions. ARB.P. 542/2017 1. The petitioner, by this petition under Section 11 of the Arbitration & Conciliation Act, 1996, seeks appointment of an independent Sole Arbitrator to adjudicate the disputes between the ARB.P. 542/2017 Page 1 of 4 parties.2. The petitioner, on 12.05.2014, submitted a bid in response to a tender invited by the respondent for purchase of gold. The tender was opened on 20.05.2014.3. As per the petitioner, a Circular was issued by the Reserve Bank of India ...
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