Himachal Pradesh Court September 1986 Judgments
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Ram Dulari Vs. H.P. State Electricity Board and anr.
Court: Himachal Pradesh
Decided on: Sep-26-1986
Reported in: I(1987)ACC199
P.D. Desai, C.J.1. This appeal by the original claimant (mother of the deceased workman) is instituted under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter to be referred as 'the Act') against that part of the award of the Commissioner, Workmen's Compensation (hereinafter referred to as the 'Commissioner'), Himachal Pradesh State Electricity Board (hereinafter called the 'HPSEB'), which disallowed the claim of the appellant for the award of interest on the compensation amount and which also failed to impose penalty for default in paying the compensation within the time limited by law.2. The facts giving rise to the appeal may be briefly stated. The deceased was employed as Junior Engineer in the Andhra Construction Sub-Division No. 1, Chirgaon, on the monthly wages of Rs. 1554.40P. He met with a fatal accident on July 25, 1984, as a result of a fall while travelling on duty in a truck owned by the first respondent (HPSEB). On a claim petition having been instituted by ...
Nirmal Singh Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Sep-23-1986
Reported in: 1987CriLJ1644
T.R. Handa, J.1. The appellant, Nirmal Singh, was tried for the offence falling under Section 302, I.P.C. for having committed the murder of his wife, Kulwant Kaur. He was found guilty and convicted of the said offence by the trial Court. For this conviction he was awarded sentence of life imprisonment. He filed an appeal in this Court, being Criminal Appeal No. 43 of 1984 against his conviction and sentence. Vide our short order dated 5th September, 1986, we allowed that appeal and ordered acquittal of the appellant. We now proceed to supply our reasons in support of the said order.2. The facts of this case show that the appellant is a young man of about 21 years. He belongs to village Maina Majari falling within the jurisdiction of Police Station, Bassi, in District Patiala (Punjab). He was married to Smt. Kulwant Kaur deceased on 28-1-1983. The parents of the deceased reside in village Bhadsali in District Una which is at a distance of about 80 to 90 miles from the village of the ap...
Harkishan Lal and anr. Vs. Kaka Ram and ors.
Court: Himachal Pradesh
Decided on: Sep-18-1986
Reported in: I(1987)ACC183,AIR1987HP64
P.D. Desai, C.J.1. The accident giving riseto the claim petition out of which this appealarises occurred on January 10,1983, at about5-15 p.m. near the office of the DistrictEducation Officer, Una, which is situate onthe State Highway leading from Una toNangal. The victim of the accident, a boyaged about 5 years, was knocked down by amotor-truckbearing registrationNo. DHL 3137. The vehicle is owned by thefirst appellant and, at the material time, itwas being driven by the second appellant.The Tribunal found that the accidentoccurred on account of the rash and negligentdriving of the vehicle by the secondrespondent and awarded compensation tothe first and second respondents (originalclaimants) in the total sum of Rs. 23,000/-with interest at the rate of 9% per annumfrom the date of the institution of the claimpetition till the date of payment/deposit, ifmade within a period of two months;otherwise, at the rate of 12% per annum tillthe date of payment/deposit/realisation. Theliability to...
Bishan Dass Vs. Land Acquisition Officer, Beas Dam Project, Talwara
Court: Himachal Pradesh
Decided on: Sep-03-1986
Reported in: AIR1987HP33
ORDERT.R. Handa, J.1. This petition in revision is directed against the order of the Land Acquisition Officer rejecting the application of the petitioner for making a reference to the Court under section 18 of the Land Acquisition Act, hereinafter called 'the Act' on the ground that the petitioner having already received the amount of compensation under the award without protest, was not entitled to claim reference to the Collector.2. The admitted facts are that the land of the petitioner located in district Kangra was acquired under the provisions of the Act. The award in respect of this acquisition wasmade by the Collector on 17-7-1973. The petitioner received -the amount of compensation in terms of the award without protest on 10-8-1973. The petitioner also made an application under section 18 of the Act requiring the Collector to make a reference to the Court for determination of the fair amount of compensation. This application was, however, sent by the petitioner by post. It was ...
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