Himachal Pradesh Court July 1997 Judgments
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National Insurance Co. Ltd. Vs. Ishroo Devi and ors.
Court: Himachal Pradesh
Decided on: Jul-31-1997
Reported in: I(1998)ACC641,1999ACJ615
Lokeshwar Singh Panta, J.1. The aforesaid 9 appeals have been filed at the instance of National Insurance Co. Ltd. against separate awards made on 21.2.1995 by the Motor Accidents Claims Tribunal (I), Kangra at Dharamshala whereby 9 claim petitions arising out of a single accident were decided. Since common question of law and facts is involved in these appeals, hence they are being disposed of by this common judgment.2. The necessary facts giving rise to these appeals are stated as below:On 18.7.1993, bus bearing No. HPK 5277 belonging to Hamirpur Cooperative Transport Society and being driven by the driver Bihari Lal was coming from Pathankot side. At 8.15 a.m. the bus in question fell into a khud (gorge) at Chambi bridge when it was crossing the bridge. As a result of the accident as many as 8 persons, including driver Bihari Lal had died at the spot and number of other persons sustained injuries. Nine claim petitions were filed before the Motor Accidents Claims Tribunal by the clai...
National Insurance Co. Ltd. Vs. Vidya Devi and ors.
Court: Himachal Pradesh
Decided on: Jul-29-1997
Reported in: 1998ACJ162
A.L. Vaidya, J.1. The present claimant-respondent Nos. 1 to 7 preferred a petition under Sections 110-A and 92-A of the Motor Vehicles Act, 1939 for the grant of compensation against the present appellant, insurance company and respondent Nos. 8 and 9, who were the owner and driver respectively of the vehicle involved in the accident.2. Dev Raj deceased was alleged to be travelling in a tractor bearing registration No. HPK 5036 on 23.9.1987. The tractor was owned by respondent No. 8 and it was being driven by respondent No. 9 at the time of accident. It was alleged that due to the rash and negligent driving of the tractor by the driver the accident took place on 23.9.1987, wherein this deceased Dev Raj suffered injuries and as a consequence whereof he died on the next day. The claimants claimed Rs. 4,00,000/- as compensation.3. The petition was contested by the insurance company and other respondents also.4. The Claims Tribunal, after the trial, passed the following award in favour of ...
United India Assurance Co. Ltd. Vs. Smt. Samu and 4 ors.
Court: Himachal Pradesh
Decided on: Jul-29-1997
Reported in: 1(1998)ACC427
M. Srinivasan, C.J.1. These appeals are by the Insurance Company. The claim of the Insurance Company is that its liability is limited to Rs. 15,000/- per passenger in the event of one accident. Though this plea is taken in the reply filed in the claim petition, the appellant has not chosen to examine any of its officials as witness. It has only produced in the Court below a document which is marked as RW 2/A. It was tendered by the Counsel for the appellant herein but not spoken to by any witness. The Court ought not to have taken the document filed as Ext. when it was not spoken to by any witness. Just because a document was tendered by the Counsel it cannot be marked as Exhibit.2. Secondly, the document is incomplete. It is only one page of the risk note issued by the appellant Company which has been produced as document. Such a mutilated document cannot be marked in evidence even if a witness produces it.3. Thirdly, it is only a xerox copy of the risk note. According to the learned ...
United India Insurance Co. Ltd. Vs. Sauji and ors.
Court: Himachal Pradesh
Decided on: Jul-29-1997
Reported in: 1999ACJ180
M. Srinivasan, C.J.1. These appeals are by the insurance company. The claim of the insurance company is that its liability is limited to Rs. 15,000 per passenger in the event of one accident. Though this plea is taken in the reply filed to the claim petition, the appellant has not chosen to examine any of its officials as witness. It has only produced in the court below a document which is marked as RW-2/A. It was tendered by the counsel for the appellant herein but not spoken to by any witness. The court ought not to have taken the document filed as exhibit when it was not spoken to by any witness. Just because a document was tendered by the counsel it cannot be marked as exhibit.2. Secondly, the document is incomplete. It is only one page of the risk note issued by the appellant company which has been produced as document. Such a mutilated document cannot be marked in evidence even if a witness produces it.3. Thirdly, it is only a xerox copy of the risk note. According to the learned...
United India Insurance Co. Ltd. Vs. Samu and ors.
Court: Himachal Pradesh
Decided on: Jul-29-1997
Reported in: 1999ACJ963
M. Srinivasan, C.J.1. These appeals are by the insurance company. The claim of the insurance company is that its liability is limited to Rs. 15,000 per passenger, in the event of one accident. Though this plea is taken in the reply filed to the claim petition, the appellant has not chosen to examine any of its officials as witness. It has only produced in the court below a document which is marked as RW 2/A. It was tendered by the counsel for the appellant herein but not spoken to by any witness. The court ought not to have taken the document filed as exhibit when it was not spoken to by any witness. Just because a document was tendered by the counsel it cannot be marked as exhibit.2. Secondly, the document is incomplete. It is only one page of the risk note issued by the appellant company which has been produced as document. Such a mutilated document cannot be marked in evidence even if a witness produces it.3. Thirdly, it is only a xerox copy of the risk note. According to the learne...
State of Himachal Pradesh Vs. Ram Swaroop and ors.
Court: Himachal Pradesh
Decided on: Jul-28-1997
Reported in: 1999ACJ558
M. Srinivasan, C.J.1. The reasoning in F.A.O. No. 187 of 1991 will apply in this case insofar as it relates to the negligence on the part of the truck driver which led to the accident and also vicarious liability of the appellant. In fact the claimant No. 1 in this case is the same as the claimant in F.A.O. No. 187 of 1991, he being the husband of the deceased in the present case. In that case the deceased was a minor daughter, one of the children of the claimant No. 1. In this case the other children of the claimant No. 1 have also joined as claimants as the claim is with regard to the wife of the claimant No. 1 who died in the2. The Tribunal has taken the view that the deceased was contributing a sum of Rs. 1,000 per month by doing various domestic and agricultural work to the prosperity of the family. However, he adopted a multiplicand of Rs. 400 per month for calculating the loss of dependency to the claimants. Thus, according to the Tribunal the annual loss would come to Rs. 4,800...
Himachal Pradesh Financial Corporation Vs. Commissioner of Income-tax
Court: Himachal Pradesh
Decided on: Jul-24-1997
Reported in: [1998]233ITR450(HP)
M. Srinivasan, C.J. 1. The Tribunal passed an order in the appeal preferred by the assessee in I.T.A. No. 606 of 1984. The Revenue was aggrieved thereby and filed an application for reference to the High Court with regard to two questions which are as follows :'1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in allowing the assessee's claim regarding interest due on sticky loans ? 2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that the deduction under Section 36(1)(vii) of the Income-tax Act, 1961, be allowed at the prescribed percentage of the total income computed before allowing deduction under Chapter VI-A and also before taking into account the deduction allowable under Section 36(1)(viii) itself ?' 2. When that application for reference was pending, the Revenue filed an application M.P. No. 19 of 1988 for rectifying the order of the Tribunal under Section 254(...
Krishan Dutt Vs. Premi Devi and ors.
Court: Himachal Pradesh
Decided on: Jul-24-1997
Reported in: 1998ACJ706
Arun Kumar Goel, J.1. We propose to take up all these four appeals along with cross objections filed by the claimants in F.A.O. (MVA) Nos. 221 and 222 of 1989 since they have arisen out of the same case as well as by the single award passed by the Motor Accidents Claims Tribunal, Solan.2. Claim petition No. 87-S/2 of 1987 was filed by Hem Shankar (hereinafter referred to as 'the claimant') in respect of the injuries sustained by him against Krishan Dutt (hereinafter referred to as 'owner'), Raj Kumar (hereinafter referred to as 'the driver') and the Oriental Insurance Co. Ltd. (hereinafter referred to as 'the insurer'). Motor Accident Claim Petition No. 94-S/2 of 1987 came to be filed by Ajit Singh and Dheeraj Kumar (minors) through their mother and natural guardian, Premi Devi, who along with the mother of the deceased also claimed compensation.3. Brief facts of this case are that claimant Hem Shankar who is a vegetable grower and late Joginder Singh were travelling in truck bearing r...
Hari Nath and Etc. Vs. Raghu Nath and ors.
Court: Himachal Pradesh
Decided on: Jul-23-1997
Reported in: AIR1998HP28
Bishan Narain, J. 1. This appeal has been filed by the defendantfirm against a decree of the trial Court for payment of Rs. 5,513/8/- to the plaintiff firm as darrfages for breach of contract, and it will be convenient to give the facts of this case in Chronological order before dealing with the variouspoints raised in this appeal.2. The plaintiff firm carries on the business of manufacture and sale of laces and ribbons etc., under the name of Aspirants Mills, Majitha Road, Amritsar. The defendant firm also carries on the business of purchase and sale of laces etc. at Amritsar. On 25-5-1948 the defendant firm purchased 1,000 dozen of laces known as 'Tara' laces at Rs. 17/8/- per dozen and 100 dozen laces known as 'Fancy' laces at Rs. 28/- per dozen. The purchasers paid Rs. 300/- as advance and it was agreed between the parties that it was open to the plaintiff firm to manufacture the goods and to supply the same as and when ready, but the entire quantity had to be supplied within three...
National Insurance Co. Ltd. Vs. Tikma Devi and ors.
Court: Himachal Pradesh
Decided on: Jul-22-1997
Reported in: 1998ACJ872
M. Srinivasan, C.J.1. The insurance company is the appellant. The accident occurred on 25.11.1986. The deceased was travelling in the truck owned by the respondent No. 6 herein. The driver of the truck also died in the accident. The deceased was an employee of another person as a driver of another truck No. HIS 6017. The claimants are his widow and children. In the original petition it was alleged that the deceased travelled in the truck, which got involved in the accident, on a request made by the driver of the truck in order to find labourers for the said truck to load cargo of apple boxes in the said truck. It was alleged that on account of rash and negligent driving of the truck, the vehicle got involved in the accident resulting in the death of the driver of the said truck as well as the deceased. A claim was made for a sum of Rs. 5,00,000/- (five lakh) by way of compensation.2. The appellant as well as the owner of the vehicle contested the proceedings. In the reply filed by the ...
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