Himachal Pradesh Court January 2004 Judgments
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National Insurance Co. Ltd. Vs. Mast Ram and ors.
Court: Himachal Pradesh
Decided on: Jan-09-2004
Reported in: III(2004)ACC167,2004ACJ1039
Arun Kumar Goel, J.1. This appeal at the instance of insurance company is directed against the award dated 24.4.2003, passed by Motor Accidents Claims Tribunal (II), Solan. By means of the impugned award, learned Tribunal in M.A.C. Petition No. 13-S/2 of 1997, has awarded a sum of Rs. 1,20,000 in favour of respondent No. 1, claimant. This amount has been ordered to be deposited within 30 days, failing which appellant insurance company has been held liable to pay it with interest at the rate of 9 per cent per annum till realisation. While ordering payment of this amount by the appellant, right has been reserved to recover it from 'insurer', since driving licence of the driver relied upon by owner and driver was found to be fake.2. At the time of hearing of this appeal, Mr. Ashwani Kumar Sharma, the learned counsel appearing for the appellant after placing reliance on sections 3, 9 and 10 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'), as well as Rule 10 (5) of th...
United India Insurance Co. Ltd. Vs. Narinder Kaur and ors.
Court: Himachal Pradesh
Decided on: Jan-06-2004
Reported in: 2004ACJ1551
Arun Kumar Goel, J.1. Since these appeals (F.A.O. Nos. 350, 352, 353, 354, 355, 361 of 2001 and 92 of 2002) have arisen out of the same accident, they were taken up for consideration today and are being disposed of by this common judgment.2. Vehicle bearing registration No. PJO 6640 being insured with the appellant, owned by Balbir Kaur respondent, and driven by Kulwant Singh, respondent was not disputed at the time of hearing. It was also not disputed that the respondents-claimants in all these cases had preferred claim petitions which were disposed of by learned Tribunal below. Compensation has been awarded in all these cases. Appellant insurance company feeling aggrieved, has filed these appeals.3. When these appeals came up for consideration today, Mr. Kuthiala, learned counsel for the appellant insurance company, submitted that the vehicle in question was a 'goods vehicle' meant for carriage of goods only and deceased/injured were unauthorised passengers in such a vehicle. Therefo...
Jatinder Kumar Vs. Kishan Dev Kapila
Court: Himachal Pradesh
Decided on: Jan-05-2004
Reported in: III(2004)BC92
Kuldip Chand Sood, J.1. This petition is directed against the orders of learned Chief Judicial Magistrate, Una, dated 11.6.2003.2. In order to appreciate the controversy, few facts may be noticed:It appears, petitioner is facing a trial under Section 138 of the Negotiable Instruments Act, as a cheque, according to the complainant, drawn by him was dishonoured. The petitioner moved an application before the learned trial Magistrate, saying that he had not drawn the cheque in question and the signatures on the cheque may be got compared, by the Government Handwriting Expert, with his specimen signatures with the Bank. This prayer was rejected by the learned trial Magistrate on 2.6.2003. Dissatisfied, the petitioner moved another application, which again was dismissed on 8.7.2003 by the learned trial Magistrate. In this application, it was stated by the petitioner that his earlier specimen signatures were not available in the Court, which were with the Bank, on the date when this applicat...
National Insurance Co. Ltd. Vs. Amar Nath and ors.
Court: Himachal Pradesh
Decided on: Jan-02-2004
Reported in: 2004ACJ1169
Arun Kumar Goel, J.1. This petition under Article 227 of the Constitution of India at the instance of the insurance company is directed against the award dated 16.8.2003, passed by learned Motor Accidents Claims Tribunal-II, Solan, Camp at Nalagarh.2. By means of impugned award in M.A.C. Petition No. 28-NL/2 of 2002, learned Tribunal below has assessed compensation in the sum of Rs. 2,35,000/- to be shared equally by respondent Nos. 1 and 2, who are parents of deceased Rajinder Kumar. He was on a scooter bearing registration No. HP 12-A 1382. He was on way from village Jattimajra to Kharauni. After having covered some distance, scooter skidded on pucca road as a result of which he received head injury. When he was brought to Rural Hospital, Nalagarh, he was examined by Dr. M.R. Verma but he succumbed to the injuries.3. In the aforesaid background, a petition under Section 163-A of Motor Vehicles Act, 1988 was filed by the respondent Nos. 1 and 2 claiming compensation. The learned Tribu...
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