Himachal Pradesh Court December 1995 Judgments
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Rakesh Kumar and anr. Vs. Prem Lal and ors.
Court: Himachal Pradesh
Decided on: Dec-19-1995
Reported in: II(1996)ACC146,1996ACJ980
R.L. Khurana, J.1. The two appellants are the son and the husband respectively of the deceased Maya Devi. They have come up in appeal before this court against the award dated 28.6.1986 of the learned Motor Accidents Claims Tribunal (II), Kangra at Dharamshala, whereby compensation of Rs. 24,000/- was awarded to them in respect of the death of deceased Maya Devi. The appellants have questioned the quantum of compensation as assessed by the learned Tribunal by averring that the compensation awarded is neither just nor adequate.2. The matrix of the case is this. The deceased Maya Devi, a young lady of 25 years of age, on 5.9.1985 was proceeding on foot to Civil Hospital, Dharamshala, from her village Sakoh. At the relevant time, she was accompanied by one Raj Kumari, a peon in the H.P. State Electricity Board. Both the deceased and Raj Kumari were walking on the left side of the road. When they had covered a distance of one furlong from their houses, bus bearing No. HPK 1465 belonging to...
New India Assurance Co. Vs. Jasbir Kaur (Smt.) and ors.
Court: Himachal Pradesh
Decided on: Dec-15-1995
Reported in: II(1996)ACC516,1996ACJ1119,(1997)IIILLJ607HP
Arun Kumar Goel, J.1. This is an appeal arising out of the order dated November 11, 1990 passed by learned Commissioner under the Workmen Compensation [Sub-Divisional Officer (c)] Kandaghat, District Solan in Case No. 7/90 titled, Smt. Jasbir Kaur and Ors. v. Shri S.K. Goyal and Anr. whereby an award of a sum of Rs. 80,664 and penalty of Rs. 40,332 and interest at the rate of 6% on the compensation amount w.e.f. March 11, 1990 has been passed in favour of Respondents Nos. 1 to 6 and against the appellant as well as Respondent No. 7.2. Brief facts of the case are that Sh. Gurnam Singh was employed as driver by Respondent No. 7 and according to the claimants/Respondents 1 to 6 in the course of his employment he received injury in accident resulting in his death on March 11, 1990. Case of the respondents further was that the injury was sustained by the deceased while he was driving truck bearing Registration No. HIS-1155 belonging to Respondent, No. 7, which met with an accident near Kand...
New India Assurance Co. Ltd. Vs. Jasbir Kaur and ors.
Court: Himachal Pradesh
Decided on: Dec-15-1995
Reported in: 2(1997)ACC198
Arun Kumar Goel, J.1. This is an appeal arising out of the order dated 22.11.1990 passed by the learned Commissioner under the Workmen Compensation [Sub Divisional Officer (C)], Kandaghat District Solan in case No.7of 1990 titled Jasbir Kaur v. S.K. Goyal, whereby an award of a sum of Rs. 80,664/- and penalty of Rs. 40,332 and interest @ 6 per cent on the compensation amount w.e.f. 11.3.1990 has been passed in favour of respondent Nos. 1 to 6 and against the appellant as well as respondent No. 7.2. Brief facts of the case are that Gurnam Singh was employed as driver by respondent No. 7 and according to the claimant-respondent Nos. 1 to 6, in the course of his employment he received injury in accident resulting in his death on 11.3.1990. Case of the respondents further was that the injury was sustained by the deceased while he was driving the truck bearing registration No. HIS 1155 belonging to respondent No. 7, which met with an accident near Kandaghat on the night intervening 10 and 1...
Rachan Kaur Vs. Bhag Singh
Court: Himachal Pradesh
Decided on: Dec-13-1995
Reported in: II(1996)DMC70
Arun Kumar Goel, J.1. Facts giving rise to this appeal, most of which are not in dispute, are that marriage between the parties was solemnised on 11th May, 1983 at Una as per Hindu customs and the parties lived as husband and wife till 1984. From this wed-lock, a female child was born on 14th July, 1984, who is living with the appellant-wife, Smt. Rachan Kaur. Further facts on which the parties are not at variance are that when the marriage had taken place, the respondent- husband, Bhag Singh was employed in Assam and thereafter at Orissa. It is further also not in dispute that in an earlier matrimonial lis filed by the appellant-wife, Smt. Rachan Kaur against the respondent-husband, Bhag Singh under Section 9 of the Hindu Marriage Act vide Case No. 1 of 1988, titled as Smt. Rachan Kaur v. Bhag Singh, learned Senior Sub-Judge, Una vide his judgment and decree dated 18th November, 1989 passed a decree for restitution of conjugal rights and a copy of this judgment and decree is placed on...
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