Himachal Pradesh Court March 2004 Judgments
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Nirmala and ors. Vs. Child Development Project Officer and ors.
Court: Himachal Pradesh
Decided on: Mar-26-2004
Reported in: III(2005)ACC17,2005ACJ846
V.K. Gupta, C.J.C.M.P. (M) No. 112 of 2003:1. Heard. The cause shown is sufficient. The delay in filing the appeal is condoned and the appeal is treated to have been filed in time.2. The application is disposed of.F.A.O. No. 97 of 2004:3. The learned counsel for the parties submit that the appeal be itself taken up for consideration, hearing and final disposal today itself without formally admitting it for hearing.4. This is a very strange case where, because of a very inept handling by the Commissioner, Workmen's Compensation, Nahan, Sub Division Nahan, Sirmaur District, the claim petition filed by the appellants under Workmen's Compensation Act, 1923, relating to the death of Pawan Kumar deceased has been dismissed and appellants denied their right of claiming compensation amount on grounds which are wholly, totally and absolutely untenable in law. In fact, I feel dismayed and surprised as to how a person not at all conversant with the basic principles of law was employed and posted ...
Kala Vs. Amrit Kumar and ors.
Court: Himachal Pradesh
Decided on: Mar-25-2004
Reported in: 2005ACJ427
R.L. Khurana, J. 1. The above noted two appeals and cross-objections arising out of award dated 14.3.2003 of learned Motor Accidents Claims Tribunal (II), Solan (for short, 'the Tribunal'), are being disposed of together by this single judgment.2. A mule of respondent Amrit Kumar, hereinafter referred to as the claimant, was killed and his cart was damaged in a motor accident which took place on 27.4.2000 at about 11 a.m. near Satsang Bhawan on Nalagarh-Kalka Road.3. Appellant Kala in F.A.O. No. 215 of 2003 and respondent No. 2 in F.A.O. No. 593 of 2003 is the owner of the truck bearing No. HP 09-0567 which was involved in the accident while respondent No. 3 in both the appeals, that is, Rifiq Mohammad was the driver of the said truck. Appellant in F.A.O. No. 593 of 2003 insurance company is the insurer of the truck.4. The claimant approached the learned Tribunal by way of a petition under Section 166, Motor Vehicles Act, 1988 (for short, 'the Act') seeking compensation to the tune of ...
National Insurance Co. Ltd. Vs. Pushpa Devi and ors.
Court: Himachal Pradesh
Decided on: Mar-23-2004
Reported in: III(2004)ACC317,II(2005)ACC514,2005ACJ600
R.L. Khurana, J. 1. Whether in a claim petition preferred under Section 166 of the Motor Vehicles Act in respect of a workman who has died in a motor vehicle accident during the performance of his duties, the liability of the insurer is limited to the liability arising under Workmen's Compensation Act, 1923?-Is the question involved in the present appeal arising out of the award dated 13.5.1997 of the learned Motor Accidents Claims Tribunal (III), Kangra at Dharamshala (for short, 'the Tribunal').2. The facts of the case giving rise to the present appeal, briefly, may be thus stated. The deceased Subhash Chand was employed as a driver by respondent No. 5 Devinder Kumar Sood, the owner of the truck No. HIK 5121. On 18.4.1994 the deceased was driving the said truck, which was loaded with sand. The truck was proceeding from Bhatoli to Bhaggi. At about 11.30 p.m. at Khola Bohan, on Ranital-Jawalamukhi Road all of a sudden the right front tyre of the truck burst and as a result of which the...
Continental Construction Ltd. Vs. Presiding Officer and anr.
Court: Himachal Pradesh
Decided on: Mar-19-2004
Reported in: [2004(102)FLR1190],(2004)IIILLJ117HP
Lokeshwar Singh Panta, J.1. This writ petition under Article 226/227 of the Constitution of India is directed against the award dated April 1, 1997 passed by Presiding Judge, H.P. Labour Court, Shimla in Reference No. 129/93.2. The facts of the case are that Des Raj Workman-respondent No. 2 herein has raised industrial disputes alleging therein that he was working with the petitioner-company as a Helper w.e.f. January 1, 1988. He proceeded on two days leave i.e. May 29 and 30, 1992. On return after availing the leave, he was told by the Management that his services were no longer required w.e.f. June 6, 1992. A copy of the statement of the claim is placed on record as Annexure P-2. The State Government in terms of Section 10 of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act' for short) made following reference to the Labour Court:'Whether the termination of Shri Des Raj Kamgar son of Shri Hari Chand by Manager Continental Construction Ltd., village and P.O. Khai...
National Insurance Co. Ltd. Vs. Kishori Lal and ors.
Court: Himachal Pradesh
Decided on: Mar-19-2004
Reported in: III(2004)ACC109,2004ACJ1437
V.K. Gupta, C.J.1. Two grounds have been urged by Mr. Ashwani K. Sharma, the learned counsel appearing for the appellant assailing the award of the Claims Tribunal. Firstly, according to him Section 147 of the Motor Vehicles Act, 1988 operated as a clear bar to the maintainability of the claim petition Because the accident occurred in a place which is not a 'public place' as defined in Section 2 (34) of the Motor Vehicles Act, 1988 and in terms of Section 147 of the Act the appellant insurance company was required to issue an insurance policy which was operative only if the vehicle was driven in a public place. The second ground of attack is that even though claimant may have been entitled to a higher amount of compensation since he had elected the forum of Tribunal under the Motor Vehicles Act, 1988, rather than approaching the Commissioner under the Workmen's Compensation Act, 1923, the insurance company was liable only to pay amount awardable under the Workmen's Compensation Act, 19...
Rashila Ram Kaushal Vs. Ranjit Singh and ors.
Court: Himachal Pradesh
Decided on: Mar-05-2004
Reported in: III(2004)ACC224,2004ACJ1891
V.K. Gupta, C.J.1. This appeal has been filed for the enhancement of the compensation amount awarded by the Tribunal in its judgment dated 29.4.1999 whereby a total compensation amount of Rs. 50,000 has been awarded by the Tribunal in favour of the appellant-claimant along with 12 per cent interest and costs. The only point which after hearing learned counsel for the parties I feel worthy of consideration is with respect to the non-determination and non-awarding of any amount of compensation under the head 'permanent disability' suffered by claimant-appellant. Other contentions raised by the appellant have not been accepted by me for the simple reason that there is no evidence whatsoever on record which can entitle the appellant for enhancement of compensation under any head. Even though the appellant had filed C.M.P. No. 124 of 2004 and even if I allow that application, it does not help the case of appellant at all because what the appellant seeks through this application is the placi...
National Insurance Co. Ltd. Vs. Girdhari Lal and ors.
Court: Himachal Pradesh
Decided on: Mar-05-2004
Reported in: 2006ACJ578
R.L. Khurana, J.1. The abovenoted six appeals arising out of three separate awards dated 16.10.2001, 12.6.2002 and 3.12.2001 of the learned Motor Accidents Claims Tribunal (II), Shimla (for short 'the Tribunal') are being disposed of by this single judgment since a common question as to the liability of appellant insurance company is involved therein,2. Girdhari Lal, respondent No. 1, is the owner of minibus No. HP 10-011 while respondent Bhupender was the driver of the said bus. One Sunder Singh Nainta, who is a respondent in some of the appeals is the co-owner of the above said bus along with Girdhari Lal, respondent No. 1.3. On 12.6.1995 the above said bus while proceeding from Jangla to Rohru at about 11.50 a.m. near Smoli Bridge met with an accident as a result it went off the road and fell down in the Pabber river resulting in the death and injuries to a number of passengers travelling therein.4. F.A.O. No. 95 of 2002 arises out of the Claim Petition No. 61-S/2 of 1995 wherein th...
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