Himachal Pradesh Court July 1996 Judgments
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Oriental Insurance Co. Ltd. Vs. Khem Chand and ors.
Court: Himachal Pradesh
Decided on: Jul-16-1996
Reported in: 1997ACJ926
Arun Kumar Goel, J.1. This appeal at the instance of the insurance company hereinafter referred to as respondent No. 3 is directed against the order dated 15.3.1995 passed by Motor Accidents Claims Tribunal (2), Kangra at Dharamshala in M.A.C.P. No. 30-P/95, whereby application under Section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') filed by the claimants, has been allowed and the appellant has been directed to pay a compensation of Rs. 50,000/- under no fault liability to respondent Nos. 1 and 2 (hereinafter referred to as the claimants).2. The sole question involved in the present appeal is as to whether the amendment of Section 140 (2) of the Act as amended vide Motor Vehicles (Amendment) Act, 1994 is applicable from the date of its amendment or is applicable retrospectively to the pending cases also. In the background of this case the facts are within very narrow campus.3. Admitted facts are that the accident in the instant case took place on 16.6.1...
J.K. Puri and ors. Vs. H.P. State Industrial Development Corporation a ...
Court: Himachal Pradesh
Decided on: Jul-10-1996
Reported in: [1998]93CompCas491(HP)
Surinder Sarup, J.1. The plaintiffs have filed a suit for the following reliefs :That the transfers effected by defendant No. 2-company of the shares of defendant No. 1 in the meeting stated to be held on June 30, 1995, are illegal, ultra vires and void being against the provisions of the articles of association, with the consequential relief of mandatory injunction requiring the defendants to offer the aforesaid shares in favour of the plaintiffs in proportion to their holdings in accordance with the provisions of the articles of association of the company and the Companies Act and not to exercise any right of voting in respect of such shares alleged to have been transferred by defendant No. 1 in favour of defendants Nos. 3 to 5 in the meeting held on June 30, 1995.2. Plaintiff No. 1, J.K. Puri has put forth himself as a widely travelled man having vast experience in the planning and promotion of hotels, having served the premier institution known throughout the world as 'Oberoi Hotel...
Oriental Fire and Genl. Ins. Co. Ltd. Vs. Sharda Vig and ors.
Court: Himachal Pradesh
Decided on: Jul-03-1996
Reported in: 1997ACJ1002
Kamlesh Sharma, Actg. C.J.1. This appeal at the instance of insurer, Oriental Fire & Genl. Ins. Co. Ltd. against the award dated 9.1.1990 passed by Motor Accidents Claims Tribunal-I, Kangra Division at Dharamsala (hereinafter called 'the Tribunal') whereby an amount of Rs. 4,40,000/- (Rupees four lakh and forty thousand) was awarded to respondent-claimant Nos. 1 to 4, widow and children of Inder Mohan Vig, who died in an accident on 20.9.1987, when his motor cycle No. PAH 4116, on which he was a pillion rider, collided with truck No. HPM 1142 at a place Haathi Bhed about 7 kilometres from Kangra, which was driven by respondent No. 8 Suman Kumar and owned by respondent No. 5 Jagjit Singh Gurdeep Singh. The award amount is held payable by respondent No. 5 Jagjit Singh Gurdeep Singh, respondent No. 5 (ii) Gurdeep Singh, respondent No. 8 Suman Kumar and the appellant insurance company, who alone has challenged the award by way of this appeal.2. We have heard learned Counsel for the parties...
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