Himachal Pradesh Court September 1995 Judgments
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Surinder Kumar Gupta Vs. Manju Rani
Court: Himachal Pradesh
Decided on: Sep-20-1995
Reported in: II(1996)DMC508
A.L. Vaidya, J.1. Mrs. Manju Rani, respondent, has preferred a petition under Section 12 of the Hindu Marriage Act for annulment of her marriage with the present petitioner. In the alternative, she has prayed for dissolution of the marriage by a decree of divorce under Section 13 of the Hindu Marriage Act. The annulment of the marriage has been sought for on the ground that the husband has been suffering from mental disorder and the disease was diagnosed as 'Maniac Depression Psychosis' and according to the lady, the husband was under treatment at P.G.I., Chandigarh. It has also been pleaded by the wife that the husband had concealed this material fact from her at the time of marriage and she was not informed about the ailment from which the husband was suffering. According to her, her consent to the marriage was procured by concealment of the aforesaid fact and the consent was obtained by fraud. 2. The aforesaid petition was filed as far back as January, 1993. The husband contested th...
New India Assurance Co. Ltd. Vs. Bimla Devi and ors.
Court: Himachal Pradesh
Decided on: Sep-08-1995
Reported in: 1997ACJ967
Bhawani Singh, J.1. All these cases are proposed to be decided by a common judgment since the question for determination in all of them is the same. Material facts are being mentioned for the purpose of dealing with the question.2. On 2.3.1987 at about 3.15 p.m., truck HPM 698, owned by Manjit Rathore, driven by the driver Bhikham Ram and insured with the New India Assurance Co. Ltd., met with accident. According to the claimants, the accident was the result of rash and negligent driving by the driver. The accident took place at village Ropari on Sarkagat-Baroti Road. There was a marriage function at the house of some of the claimant's relations at village Chamoh, Tehsil Bhoranj where the deceased had gone to attend the marriage ceremony on 1.3.1987. The marriage party boarded the truck from village Chamoh to go to village Ropari. Since the truck was being driven rashly and negligently, it fell about 100 feet below the road as a result of which some persons died while others sustained ...
New India Assurance Co. Ltd. Vs. Lachhmi Devi and ors.
Court: Himachal Pradesh
Decided on: Sep-08-1995
Reported in: II(1996)ACC134,1996ACJ496
Bhawani Singh, J.1. All these cases are proposed to be decided by a common judgment since the question for determination in all of them is the same. Material facts are being mentioned for the purpose of dealing with the question.2. On 2.3.1987 at about 3.15 p.m., truck HPM 698, owned by Manjit Singh Rathore, driven by driver Bhikham Ram and insured with the New India Assurance Co. Ltd., met with an accident. According to the claimants, the accident was the result of rash and negligent driving by the driver. The accident took place at village Ropari on Sarkaghat-Baroti Road. There was a marriage function at the house of some of the claimants' relation at village Chamoh, Tehsil Bhoranj, where the deceased had gone to attend the marriage ceremony on 1.3.1987. The marriage party boarded the truck from village Chamoh to village Ropari. Since the truck was being driven rashly and negligently, it fell about 100 feet, below the road as a result of which some persons died while others sustained...
New India Assurance Co. Ltd. Vs. Bhajnoo and anr.
Court: Himachal Pradesh
Decided on: Sep-07-1995
Reported in: II(1996)ACC378,1996ACJ367
S.N. Phukan, C.J.1. By this common judgment and order we dispose of three appeals, namely, F.A.O. (MVA) No. 326 of 1993 and F.A.O. (MVA) Nos. 5 and 7 of 1994 as the point involved in all the appeals is the same. The appeals have been filed by the insurance company being aggrieved by the award, by which the insurance company was saddled with no fault liability under Section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act').2. All the appeals have been filed against the common award of the Motor Accidents Claims Tribunal-I, Sirmaur at Nahan, dated 1.9.1993, passed in M.A.C. Petition Nos. 51-N/2, 48-N/2, 4/-N/2, 49-N/2 and 50-N/2 of 1990. By this judgment, the Motor Accidents Claims Tribunal elubbed together all the claim petitions.3. Briefly stated, the facts are as follows:The truck No. UMS 8161 was owned by Kirti Singh Pokhriyal and as he did not appear, all the appeals have been taken up ex parte against him. The said truck was insured with the present appella...
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