Himachal Pradesh Court May 1996 Judgments

Himachal Road Trans. Corpn. Vs. Amar Singh

Court: Himachal Pradesh

R.L. Khurana, J.1. This appeal has been directed against the award dated 18.12.1990 of the Motor Accidents Claims Tribunal, Chamba, whereby compensation of Rs. 1,07,000/- was awarded in favour of the respondent, hereinafter referred to as 'the petitioner'.2. The petitioner on the relevant date was travelling from Banikhet to Bathri by Himachal Road Trans. Corpn. bus bearing registration No. HIC 306. One Bir Singh was the driver of the bus at the relevant time. When the bus reached near Patna curve at about 6.15 p.m., it met with an accident due to rash and negligent driving on the part of the driver, as a result of which the petitioner sustained injuries to his right arm. The petitioner was given first aid at Bathri Hospital and thereafter referred to District Hospital, Chamba, for further management. At the District Hospital, the right arm of the petitioner had to be amputated above the elbow joint. The petitioner, accordingly, approached the Motor Accidents Claims Tribunal, Chamba, s...

Oriental Insurance Co. Ltd. Vs. Dhalu Devi and ors.

Court: Himachal Pradesh

Reported in: II(1998)ACC433,1998ACJ210

Kamlesh Sharma, J.1. These appeals (F.A.O. Nos. 7 and 10 of 1991) have been filed at the instance of Oriental Insurance Co. against the award dated 22.8.1990 whereby two claim petitions (Claim Petition Nos. 3 and 4 of 1989), arising out of the same accident, were decided. Hence, both these appeals are being disposed of by a common judgment.2. The facts in brief are that a tractor HIL 4605 owned by respondent Khoob Ram and driven by respondent Roshan Lal met with an accident on 29.11.1988 at a place known as Thalot situated on the Mandi-Kullu National Highway in which Nand Lai aged 18 years and Beli Ram aged 19 years had died. Mother of Nand Lal, namely, Dhalu Devi filed claim petition No. 3 of 1989 whereas parents of Beli Ram, namely, Mohan Lai and Teji preferred Claim Petition No. 4 of 1989. Both these petitions were consolidated by order dated 17.2.1990 and thereafter their joint trial was held.3. The case set up in the claim petitions was that deceased Nand Lai and Beli Ram were wor...