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Himachal Pradesh Court August 1987 Judgments

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Aug 28 1987

Smt. Milap Kaur and ors. Vs. State of Himachal Pradesh and anr.

Court: Himachal Pradesh

Decided on: Aug-28-1987

Reported in: AIR1988HP49

1. The accident giving rise to this appeal occurred on Oct. 21, 1973, at about 4.30 p.m. in village Bhumain, Tehsil Nalagarh, District Solan. The husband of the first appellant and the father of the rest of the appellants, aged about 32 at the material time, died as a result of the injuries received by him in the course of the said accident.2. The vehicle involved in the accident, truck No. HPB 154, was owned by the Himachal Pradesh Public Works Department (first respondent). It was being driven at the material time by the second respondent, an employee of the first respondent.3. In the claim petition instituted by the appellants, compensation was claimed in the sum of Rs. 2,40,000/-. The Motor Accident Claims Tribunal found that the accident had occurred on account of the negligent act of the second respondent in reversing the vehicle in a narrow street of the village without the assistance of the cleaner to guide him. The Tribunal assessed the loss of monthly dependency at Rs. 225/- ...


Aug 21 1987

Kanshi Ram Vs. Nika Ram

Court: Himachal Pradesh

Decided on: Aug-21-1987

Reported in: AIR1989HP1

R.S. Thakur, J.1. This judgment will dispose of two appeals, namely, RSA No. 42 of 1977 and MSA No. 4 of 1977. The former is against the judgment of the learned District Judge, Shimla, Kinnaur and Bilaspur Districts, dt. Feb. 26, 1977 whereby he set aside the judgment and decree of the learned Senior Sub-Judge, Bilaspur, dt. Dec. 11, 1972 and dismissed the suit of Kanshi Ram, appellant before this Court, (hereinafter referred to as 'the plaintiff') against the respondent Nika Ram, respondent (hereinafter referred to as 'the defendant'). The latter is against the order of the same District Judge, of the same date whereby the order of the Compensation Officer, Bilaspur, dt. April 10, 1973. dismissing the application of the defendant Nika Ram for acquisition of proprietary rights as tenant against the plaintiff as landlord under Section 11 of the H.P. Abolition of Big Landed Estates and Land Reforms Act, 1953, (hereinafter referred to as 'the Land Reforms Act'), was set aside and the Comp...


Aug 17 1987

Jaram Singh Vs. State of H.P. and ors.

Court: Himachal Pradesh

Decided on: Aug-17-1987

Reported in: AIR1988HP13

P.D. Desai, C.J.1. On May 22, 1986, the petitioner who is a resident of village Jangla, Pargana Panjala, District Chamba, addressed a letter to one of us (Chief Justice), which has since been registered as a writ petition, complaining that his wife, Brahmi Devi, died on October 23, 1984, while returning home in the evening, on account of being hit by a stone which rolled down from the upper side of the road, where the labourers engaged by the Public Works Department were carrying out construction work of another road. The petitioner stated that he had to look after his two minor children after the accidental death of his wife and that on that account he was required to give up his employment with a private firm which yielded an income of Rs. 300/- per month. The petitioner further submitted that he had approached the Public Works Department authorities for giving him an appropriate relief but his request had fallen on deaf ears. He also submitted that on account of poverty, he was unab...


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