Himachal Pradesh Court October 2004 Judgments
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Lata Vs. United India Insurance Co. Ltd. and ors.
Court: Himachal Pradesh
Decided on: Oct-27-2004
Reported in: I(2005)ACC788,2005ACJ857
V.K. Gupta, C.J.1. F.A.O. No. 267 of 1993 was an appeal filed under Section 173 of the Motor Vehicles Act, 1988 ('Act' for short) wherein the appellant insurer had challenged the correctness of the judgment and award dated 5.7.1993 passed by learned Motor Accidents Claims Tribunal-I, Kangra at Dharamshala in M.A.C.T. Case No. 45 of 1991. Based on the grounds taken in the said appeal, appellant insurer had prayed for setting aside of the aforesaid award. Vide judgment dated 25.5.2004 this court dismissed the aforesaid appeal.2. In the aforesaid appeal, the claimant Lata filed the cross-objections and sought the relief of enhancement of the compensation amount inasmuch as apparently the claimant-cross-objector was not satisfied with the amount awarded by the Tribunal in the aforesaid claim petition and feeling aggrieved of the awarding of lesser amount than had been prayed for, or was expected, she sought the relief of enhancement of the compensation amount in the aforesaid cross-objecti...
United India Insurance Co. Ltd. Vs. Noor Dass and ors.
Court: Himachal Pradesh
Decided on: Oct-26-2004
Reported in: I(2005)ACC743,2006ACJ142
V.K. Gupta, C.J.1. The only ground of challenge in this appeal filed under Section 173 of the Motor Vehicles Act, 1988 by the appellant insurer against the judgment and award dated 26.12.1994 passed in M.A.C. No. 21-S/2 of 1991 by the learned Motor Accidents Claims Tribunal (I), Shimla, is that Tribunal committed an error in awarding compensation amount of Rs. 50,000 in favour of claimant-respondent Nos. 1 and 2 herein even though the property allegedly damaged in the accident (apple boxes) did not belong to these respondents.2. Mr. A.K. Sharma, learned counsel appearing for the appellant insurer submits that the apple boxes did not belong to the claimant-respondent Nos. 1 and 2 in as much as it was the own case of claimants that the apple boxes belonged to pro forma respondent Nos. 4 to 7 in the claim petition, who are respondent Nos. 5 to 8 in this appeal.3. I have heard the learned counsel for the parties. I feel that I cannot agree with the aforesaid submission of Mr. Sharma and fo...
State of Himachal Pradesh Vs. Om Parkash and anr.
Court: Himachal Pradesh
Decided on: Oct-20-2004
Reported in: 2005CriLJ779
Lokeshwar Singh Panta, J.1. This appeal by the State of Himachal Pradesh is directed against the judgment of learned Addl. Sessions Judge, Fast Track Court, Shimla dated 10-3-2004 in Sessions Trial No. 6-S/7 of 2003/2001, acquitting the respondents herein of the charges framed against them under Sections 376 and 506 read with Section 34 of the Indian Penal Code (for short I.P.C.)2. The relevant facts necessary for disposal of this appeal are as under :PW-14 prosecutrix (name with held by us) is the daughter of Devinder Kumar resident of village Goloo, Tehsil and District, Shimla. During the relevant time, she was studying in 7th class and was above thirteen years of age in the year 1999. She was staying in the house of her maternal uncle PW-7 Binder Kumar at village Badya, Police Station, Dhalli, Shimla in the year 1999. The case of the prosecution was that on 3-1-1999 at about 5 p.m. PW-7 asked the prosecutrix to drive back the cattle from nearby fields. When the prosecutrix reached a...
National Insurance Co. Ltd. Vs. Nant Ram and ors.
Court: Himachal Pradesh
Decided on: Oct-19-2004
Reported in: II(2005)ACC286,2005ACJ1408
V.K. Gupta, C.J.1. A short point is involved for consideration, examination and decision in this appeal by the appellant insurer under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 11.8.2000 passed by the learned Motor Accidents Claims Tribunal (2), Solan in M.A.C. Petition No. 9-S/2 of 1997. The point is with respect to the decision/finding by learned Tribunal on issue No. 4 relating to the validity of the driving licence allegedly possessed by respondent No. 3 herein Hari Krishan, who at the relevant time was the owner-cum-driver of truck No. HIS 496 which was involved in an accident on 8.3.1997 resulting in the death of deceased Babu Ram.2. Following five issues were framed by the Claims Tribunal vide its order dated 20.4.1999:'(1) Whether Babu Ram on 8.3.1997 while paddling cycle was hit by a truck bearing No. HIS 496 driven rashly and negligently by the respondent No. 1 as alleged? OPP(2) If issue No. 1 is proved, whether the deceased Babu Ram su...
National Insurance Co. Ltd. Vs. Prabha Devi and ors.
Court: Himachal Pradesh
Decided on: Oct-18-2004
Reported in: 2006ACJ113
Arun Kumar Goel, J.1. When this case was taken up today, learned counsel for the parties submitted that looking to the limited controversy involved in this appeal, it may be finally disposed of after its admission at the threshold. It was further submitted that its pendency will not be in the interest of either of the parties. Keeping in view this joint request made by the learned counsel for the parties and also looking to the limited controversy involved in this case, it has been taken up for final hearing after it was formally admitted.2. Mr. Ashwani Sharma, the learned counsel for the appellant urged only one ground in support of this appeal. It was, that the deceased Bhag Chand, husband of respondent No. 1, father of respondent Nos. 2 to 4 and son of respondent No. 6, was travelling as unauthorised gratuitous passenger in a goods vehicle, meant and adapted for carriage of goods only, at the time of its accident. As such, looking to the defences open to his client under Section 149...
National Insurance Co. Ltd. Vs. V. Bimla Devi and ors.
Court: Himachal Pradesh
Decided on: Oct-18-2004
Reported in: 2006ACJ402
V.K. Gupta, C.J.1.The only ground of challenge in this appeal filed under Section 173 of Motor Vehicles Act, 1988 against the impugned judgment and award dated 6.12.1999 passed in M.A.C. Case No. 51 of 1997 by learned Motor Accidents Claims Tribunal, Bilaspur is that the driver of the offending vehicle at the time of the accident did not hold a valid driving licence.2. The following 5 issues were framed by the Tribunal for adjudication:(1) Whether deceased Dile Raj died in the accident of truck No. DL IG 0557 which was being driven rashly and negligently by truck driver, if so, its effect?OPP(2) If issue No. 1 is proved in affirmative, to what amount of compensation, the petitioners are entitled and from whom?OPP(3) Whether truck driver was not having valid driving licence, if so, its effect?OPR-2(4) Whether the petition is bad for nonjoinder of necessary parties?OPR-2(5) Relief.3. Issue No. 3 alone is relevant for our purposes in this appeal because the question of validity of driving...
National Insurance Co. Ltd. Vs. Shangri and anr.
Court: Himachal Pradesh
Decided on: Oct-14-2004
Reported in: 2006ACJ173
V.K. Gupta, C.J.1. The only ground of challenge in this appeal against the Judgment and award dated 7.7.1999 passed in M.A.C. No. 13 of 1998 by learned Motor Accidents Claims Tribunal, Kinnaur at Rampur Bushahr, is that the driver of the offending vehicle did not possess a valid driving licence at the time of the accident.2. Even though no evidence was led by the appellant in the Tribunal with respect to the aforesaid issue, onus whereof undoubtedly was upon the appellant yet Mr. Sharma learned counsel appearing for the appellant in the course of hearing of this appeal today drew my attention to Exh. RC in the original record of the Tribunal which is the copy of the driving licence dated 28.1.1998. I have seen this document and find that indeed the holder of this licence, who was the person driving the motor vehicle at the relevant time was licensed to drive 'light motor vehicle'. According to Mr. Sharma since the vehicle in question was a goods vehicle, actually, a light goods vehicle...
Nagar Parishad Vs. Bone Ram and anr.
Court: Himachal Pradesh
Decided on: Oct-12-2004
Reported in: [2005(105)FLR434],(2005)IILLJ123HP
K.C. Sood, J. 1. This petition arises out of the award made by learned Presiding Judge, H.P. Labour Court, Shimla dated November 28, 2002.2. It appears, respondent Bone Ram, hereinafter referred to as the 'workman' was employed by the Petitioner Nagar Parishad, Bilaspur as a daily waged Beldar/Chowkidar on November 1, 1991. He as such worked till] March 31, 1995. In the year 1998, the petitioner raised a dispute claiming that he was disengaged on April 2, 1996. On that date at about 9.00 p.m., when he was on duty as Chowkidar, he suffered from stomachache and ] was taken to the Hospital. He was hospitalized till April 17, 1995 and on the next day, when he reported for duty, the Junior Engineer concerned told him that his services stood terminated with effect from April 2, 1995. It is the further case of the workman that Employer engaged Sita Ram and Sukh Dev as Beldars after his retrenchment. His services were terminated without complying with the provisions of Sections 25-F and 25-G o...
Haryana Telecom Ltd. Vs. Himachal Futuristic Communication Ltd.
Court: Himachal Pradesh
Decided on: Oct-12-2004
Reported in: [2006]133CompCas351(HP),[2006]65SCL19(HP)
Arun Kumar Goel, J.1. This is a petition filed under Sections 433,434 and 439 of the Companies Act, 1956, with a prayer to compulsorily wind up the respondent-company, namely, M/s. Himachal Futuristic Communication Limited having its registered office at 8, Electronics Complex, Chambaghat, Solan, H.P.2. Admitted facts of the case are that both, ie., M/s. Haryana Telecom Limited, also a company incorporated under the Companies Act, 1956, having its registered office at Kherishadh, District Rohtak, Haryana (hereinafter referred to as the 'Petitioner-Company'), and M/s. Himachal Futuristic Communication Limited, having its registered office at 8, Electronics Complex, Chambaghat, Solan, H.P. (hereinafter referred to as 'the respondent'), were having business dealings. During the course of their such business dealings, petitioner, who is manufacturer of Polythene Insulated Jelly Filled cables (hereinafter referred to as 'PLIF cables') supplied these cables to the respondent. These in turn w...
Brij Rani Goel Vs. Union of India (Uoi) and ors.
Court: Himachal Pradesh
Decided on: Oct-11-2004
Reported in: [2004(105)FLR240]
Arun Kumar Goel, J.1. Facts giving rise to this writ petition are, that husband of the petitioner, late Shri Ghanshyam Goel was working as a Superintendent in the Cantonment Board, Subathu. He died on. 24.3.1984, Petitioner was appointed on compassionate grounds initially as a clerk. She was promoted as LDC. In the month of July, 1995 she was working as Tax Clerk.Further case as projected in this writ petition is that she was suffering from hypertension and was undergoing treatment. Vide Annexure PB Senior Medical Officer, Civil Hospital Subathu, District Solan, certified that she should avoid work which creates mental fatigue and mental tension. In view of her physical/mental health, it was advised that she should not pursue any regular job which creates mental fatigue and mental tension. This certificate is Annexure PB and is dated 15.7.1995. On 17th July, 1995, vide Annexure P-C, petitioner submitted her resignation. It was accepted on the same day i.e. 17.7.1995, For ready referenc...
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