Himachal Pradesh Court December 2003 Judgments
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National Insurance Co. Ltd. Vs. Tara Chand and ors.
Court: Himachal Pradesh
Decided on: Dec-26-2003
Reported in: II(2004)ACC394,2004ACJ1381
Lokeshwar Singh Panta, J.1. The above said application has been filed by the applicant-appellant National Insurance Co. Ltd. under Section 5 of the Limitation Act for condonation of delay in filing the appeal against the award dated 7.12.2001 passed by Motor Accidents Claims Tribunal, Solan in M.A.C. Petition No. 64-S/2 of 1998.2. Claimant Tara Chand, respondent No. 1 herein, has filed M.A.C. Petition No. 64-S/2 of 1998 on the file of Motor Accidents Claims Tribunal, Solan, under Section 166 of the Motor Vehicles Act, 1988 claiming compensation of Rs. 6,12,000 on account of the injuries suffered by him in the accident. The claimant was the driver of Canter vehicle No. HP 15-1590. On 27.9.1998 the claimant was driving the said vehicle from Kumarhati to Nahan on the highway. Bus No. HP 14-3376 being driven by Raj Kumar, the respondent No. 2 herein in a rash and negligent manner struck against the vehicle of the claimant at a place known Gandhi Gram. The claimant suffered multiple fractur...
Blue Peaks Deposits and Advance Ltd. Vs. Madan Sharma
Court: Himachal Pradesh
Decided on: Dec-26-2003
Reported in: I(2005)BC56
ORDERKuldip Chand Sood, J.Cr.M.P. (M) No. 234 of 20031. Leave to appeal granted. The application stands disposed of.Cr. Appeal No. 602 of 20032. Be registered. 3. Heard. 4. It appears that the appellant lodged a complaint, under Section 138 of the Negotiable Instruments Act, against the respondent. This complaint was being tried by the learned Judicial Magistrate 1st Class, Court No. 2, Shimla. On 24th October, 2002, the complainant failed to appear and complaint was dismissed in default resulting into acquittal of the respondent-accused. This complaint was filed by the complainant through one Sh. Pankaj Gupta as he was authorised by the company-petitioner to lodge such complaint. 5. The complaint was dismissed with a terse order which reads : '24.10.2002 Present: None.Be called again. Called again.Present: None.Be called again. Called again.Present: None for complainant.Sh. S.S. Chauhan, Counsel for accused.Accused not present. Complaint is hereby dismissed in default. Accused acquitt...
Oriental Insurance Co. Ltd. Vs. Dehri Devi and ors.
Court: Himachal Pradesh
Decided on: Dec-24-2003
Reported in: 2004ACJ805
R.L. Khurana, J. 1. All the above noted appeals are being disposed of together as a common question is involved therein with regard to the liability of the insurance company to pay the compensation in respect of the death/bodily injury caused to a gratuitous passenger travelling in a goods vehicle. The learned Tribunal while awarding the compensation in favour of various claimants have held the appellant insurance company to be liable.2. Admittedly, the present set of cases pertains to the period after amendment of the Motor Vehicles Act, 1988 in the year 1994. A similar question arose before the Hon'ble Supreme Court. The cases in respect of liability of the insurance company to pay the compensation in respect of the death of or bodily injury to a gratuitous passenger travelling in a goods vehicle came to be categorized in three categories, namely, (i) the cases falling under the old Motor Vehicles Act, 1939; (ii) the cases falling under the new Motor Vehicles Act of 1988 prior to its...
Himachal Road Transport Corporation Vs. Ramku and ors.
Court: Himachal Pradesh
Decided on: Dec-17-2003
Reported in: II(2004)ACC775,2005ACJ1432
Arun Kumar Goel, J.1. Appellant is aggrieved with the award dated 1.11.1996, passed by learned Motor Accidents Claims Tribunal, Solan. Vide impugned award in M.A.C. Petition No. 22-S/2 of 1994, titled Ramku v. Managing Director, Himachal Road Transport Corporation, compensation has been awarded in the sum of Rs. 3,10,000 with interest at the rate of 6 per cent per annum from 23.12.1993 to 5.9.1994 and from 9.4.1996 till the date of payment, provided the compensation was to be indemnified by the respondent No. 1 on or before 20.12.1996. (Reason for disallowing interest from 5.9.1994 to 8.4.1996 given is that during this period file remained consigned to the records, as it was dismissed for default on 5.9.1994). In case, the appellant failed to pay the awarded amount, as aforesaid, it was to carry interest at the rate of 12 per cent per annum with effect from 10.12.1993.2. Facts as they emerge from the record are that deceased Mathra was the resident of village Ser-Par-Deora in Tehsil-Ar...
National Insurance Co. Ltd. Vs. Raj Kumari and ors.
Court: Himachal Pradesh
Decided on: Dec-15-2003
Reported in: 2004ACJ1100
Arun Kumar Goel, J.1. Since these'appeals have arisen out of a common award passed by the Motor Accidents Claims Tribunal (II), Solan as such these are being disposed of by this common judgment.2. Vehicle, i.e., bus No. DL 1-P 6566 being insured with appellant and owned by Sachitra Bhalla at the time of accident under a legal and valid policy was not disputed at the time of hearing of this appeal. Dharam Paul driver of the tractor in question and Dheru alias Gian Chand owner of maize crop, having died as a result of this accident, was also not disputed at the time of hearing on behalf of the appellant.3. Dr. Lalit Sharma, learned counsel for the appellant submitted that when both these cases were pending before the learned Tribunal below his client was permitted to contest the claim of the respondents-claimants under Section 170 of the Motor Vehicles Act. Record of case of Geeta Devi and others, shows that application had been filed, and also a statement of learned counsel for the resp...
National Insurance Co. Ltd. Vs. Sarup Devi and ors.
Court: Himachal Pradesh
Decided on: Dec-01-2003
Reported in: II(2004)ACC561,2004ACJ961
Arun Kumar Goel, J.1. Since all these appeals have arisen out of the same award which was passed by the learned Motor Accidents Claims Tribunal, Sirmour at Nahan, except F.A.O. Nos. 116 and 156 of 2002, as such these have been taken up together for hearing at the joint request of the learned counsel for the parties, who submitted that these be disposed of at the earliest keeping in view the interest of large number of claimants. xxx xxx xxxAdmitted facts in all these appeals are, that on the night intervening 7/8.8.2000 bus No. HP-1575 was being driven by late Om Singh alias Bablu, son of Rattan Singh. He was owner-cum-driver of this bus. It was carrying marriage party of Hardev Singh and was on its way from village Bhauri to Dingar Kinnar. At about 12 midnight, when it reached near village Khanagan, an attempt was made by the bus driver to overtake Maruti van No. HR-49-2628. This was carrying the bridegroom Hardev Singh.It is also the case of the respondents-claimants that after hitti...
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