Himachal Pradesh Court December 1989 Judgments
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Paras Ram Vs. the Municipal Corporation and anr.
Court: Himachal Pradesh
Decided on: Dec-13-1989
Reported in: II(1990)ACC493
Bhawani Singh, J.1. This appeal under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') arises out of the order of the Commissioned under the Act in case No.35/74-78 whereby the Commissioner dismissed the claim of the appellant for payment of compensation.2. Briefly, the facts are that the appellant was working with the respondent Corporation and while working on 25-4-1973, he received injuries to his person due to the fall of a stone Chata. He was admitted in the hospital and remained there from 25-4-1973 to 31-5-1973.3. The Commissioner framed number of issues, preliminary and regular, on the pleadings of the parties and they arc being reproduced as under:Preliminary Issues: 1. Whether the application is maintainable in the present form? OPA2. Whether the applicant is a workman as defined under the Workmen's Compensation Act? OPA3. Whether the applicant has received any scheduled injury? OPARegular Issues1. Whether the applicant was an employee...
Smt. Amriti Devi and ors. Vs. Kamal Kumar and anr.
Court: Himachal Pradesh
Decided on: Dec-06-1989
Reported in: 1991ACJ1127,AIR1991HP24
Bhawani Singh, J.1. Briefly, the facts of this case are in a narrow compass. The husband of petitioner No. 1, Amriti Devi, was a driver with Bus No. HPK-3333 owned by respondent No. 1. While at Dalhousie during winter season, it did not start due to cold with the result that the deceased burnt some material underneath the same in order to start the vehicle. During this process, the deceased caught fire and sustained injuries. He was treated at Govt. Hospital, Dalhousie and thereafter shifted to Post Graduate Institute of Medical Sciences, Chandigarh, where he ultimately expired.2. The claimants, the widow and the minor children (five in number), moved a petition claiming compensation before the Motor Accidents Claims Tribunal Dharamshala. Sh. R. K. Sharma, learned counsel appearing for the petitioners in this Court, submits that when this case was fixed for reconciliation, it come out that the Tribunal at Dharamshala had no jurisdiction to decide the matter since by that time a separat...
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