Himachal Pradesh Court May 2004 Judgments
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Vinod Kumar Walia Vs. Presiding Judge, Labour Court and anr.
Court: Himachal Pradesh
Decided on: May-27-2004
Reported in: [2005(104)FLR1162],(2005)ILLJ536HP
R.L. Khurana, J.1. The petitioner, who is a Diploma Holder in Mechanical Engineering, was appointed as an Assistant Engineer by respondent No. 2 Company vide appointment letter dated January 30, 1991 (Annexure P-2). Such appointment was on probation for a period of six months, which period of probation was extendable. The term regarding probation as contained in paras 8 and 9 of the appointment letter, Annexure P-2 is to the following effect:'You will be on probation for a period of six months, which can be extended if necessary.If no orders are passed on the completion of the initial period of six months the probation period shall be deemed to have been automatically extended by three months, i.e., up to nine months, if no orders are passed on the completion of the first nine months, the probation period shall be deemed to have been automatically extended by another three months, i. e., upto one year. However, within the expiry of these three months orders regarding extension of proba...
Prem Lata and ors. Vs. Himachal Road Transport Corporation and ors.
Court: Himachal Pradesh
Decided on: May-25-2004
Reported in: II(2005)ACC555,2005ACJ557
V.K. Gupta, C.J. 1. This appeal under Section 173 of Motor Vehicles Act, 1988 has been filed by the claimants-appellants against the judgment dated 10.5.93 passed by the learned Motor Accidents Claims Tribunal (I), Kangra at Dharamshala in M.A.C.T. Case No. 26 of 1990, whereby the claim petition has been dismissed by the learned Tribunal.2. Rameshwar Kumar, deceased at the relevant time was working as Sub Divisional Officer (Electrical) with Himachal Pradesh State Electricity Board and was drawing, as on the date of accident, salary of Rs. 3,700 per month. As on the date of accident his age was 44 years.3. On 22.2.1990 at about 8.00 p.m. the deceased Rameshwar Kumar received injuries in the course of the use of motor vehicle No. HP 038-2403 while this bus was in the process of being reversed and the deceased was getting down from the front door of the bus. Between the claimants and the respondents there was a dispute in the claim petition as to the reason about the deceased getting dow...
Bihari Lal Vs. National Insurance Co. Ltd. and ors.
Court: Himachal Pradesh
Decided on: May-21-2004
Reported in: 2006ACJ619
V.K. Gupta, C.J.1. This claim petition has been dismissed on the ground of limitation, but in view of the ratio laid down by their Lordships of the Apex Court in the case of Dhannalal v. D.P. Vijayvargiya, : AIR1996SC2155 , this claim petition now has to be treated as being within time.2. Once the limitation aspect is over, it is found that the learned Tribunal even while framing all the issues returned the finding on the issue relating to rashness and negligence in favour of the appellant-claimant, but with respect to issue relating to the amount of compensation, the Tribunal merely observed that because the claim application was being dismissed as time-barred, appellant-claimant was not entitled to claim any compensation. There is no doubt in my mind that the learned Tribunal committed a material irregularity in not deciding the issue relating to the determination of compensation amount because by now it is very well established that even in such cases where the Tribunal decides to d...
National Insurance Co. Ltd. Vs. Geeta Devi and ors.
Court: Himachal Pradesh
Decided on: May-13-2004
Reported in: 2006ACJ603
Arun Kumar Goel, J.1. These appeals have arisen out of the common order dated 2.8.1997, passed by the Commissioner under the Workmen's Compensation Act, 1923, Shimla, [S.D.M. (Urban), Shimla]. As such, these are proposed to be disposed of by this common judgment.2. Late Gopal Thakur was the husband of Geeta Devi and father of Neelam and San tosh Kumar (minors). He was engaged as driver by Desh Bandhu Sood, owner of truck bearing registration No. HPS 6427. It stood insured with National Insurance Co. Ltd. F.A.O. No. 403 of 1997 has been filed by National Insurance Co. Ltd. against order dated 2.8.1997, in Case No. 3 of 1996; whereas F.A.O. No. 38 of 1998 has been filed by Desh Bandhu Sood against the said order.3. Deceased being in the employment of Desh Bandhu Sood is not disputed. Similarly, the vehicle being insured with National Insurance Co. Ltd. is also not in dispute. Accident having occurred during the course of the employment of the deceased as driver of the truck in question, ...
National Insurance Co. Ltd. Vs. Rattani Devi and ors.
Court: Himachal Pradesh
Decided on: May-03-2004
Reported in: 2006ACJ717
R.L. Khurana, J.1. The award dated 5.1.2002 of the Motor Accidents Claims Tribunal, Bilaspur (for short 'the Tribunal') whereby compensation amounting to Rs. 2,30,000 has been awarded in favour of Rattani Devi, claimant-respondent No. 1, for the death of her son Gopal Dass, is under challenge in the present appeal preferred by appellant insurance company, the insurer of the offending truck No. HP 24-1785. Respondent No. 2 was the driver while respondent No. 3 is the owner of the said truck.2. In a motor vehicle accident which is alleged to have taken place on 25.3.2000 at about 10.30 p.m. at Ghagus, Gopal Dass, son of the claimant-respondent No. 1 had died. While seeking compensation for the death of her son, it was pleaded that truck bearing No. HP 24-1785 belonging to respondent No. 3 was involved in the accident and that the accident had taken place due to rash and negligent driving on the part of the driver, respondent No. 2.3. The respondent Nos. 2 and 3 while resisting the petiti...
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