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Himachal Pradesh Court July 1995 Judgments

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Jul 18 1995

Oriental Insurance Co. Ltd. Vs. Ved Parkash and ors.

Court: Himachal Pradesh

Decided on: Jul-18-1995

Reported in: 1995ACJ1125

S.N. Phukan, C.J.1. This appeal is by the insurance company, appellant, against the award of the Motor Accidents Claims Tribunal, Kullu, dated 31.12.1993 in Claim Petition No. 24 of 1993. By the impugned award, the Tribunal awarded a sum of Rs. 60,000/- as compensation with interest at the rate of 12 per cent per annum from the date of the claim petition in addition to Rs. 5,000/- as consortium and Rs. 3,000/- as conventional charges.2. Along with the insurance company, the driver and the owner of the motor cycle in question were made jointly and severally liable. It may be stated that there were three petitioners who filed the claim petition, namely, husband of the deceased and her two major sons. The Tribunal apportioned Rs. 48,000/- as share of the husband and Rs. 10,000/- each as share of the two sons. Being aggrieved, the present appeal has been filed by the insurance company.3. Briefly stated, the facts are as follows: On 5.2.1992, Bimla Devi, the deceased, had gone to Sharbai to...


Jul 10 1995

Mohinder Singh and anr. Vs. H.P. State Electricity Board and ors.

Court: Himachal Pradesh

Decided on: Jul-10-1995

Reported in: (1997)IIILLJ604HP

S.N. Phukan, C. J.1. The present petition has been filed by two persons, namely, Mohinder Singh and Baldev under Article 226 of the Constitution for appropriate writ to the respondents, namely, H. P. State Electricity Board and its officials.2. Mohinder Singh was engaged in the year 1986 by the respondents as daily rated Beldar, hut he was disengaged in the year 1987. He was again reengaged and according to the petitioner continuously from November 21, 1986 to December 3, 1991. Thereafter, he was engaged off and on for short period and ultimately after June 21, 1994 he was not engaged at all. It has been stated that on December 3, 1990, he completed 240 days as an employee of the respondents.3. Petitioner Baldev was also appointed as daily wage Beldar with effect form May 1, 1980 and according to him, he completed 240 days but subsequently he was not re-engaged. Both the petitioners filed representations but without any result. Hence the present petition.4. In the reply-affidavit, it h...


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