Himachal Pradesh Court June 2004 Judgments
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New India Assurance Co. Ltd. Vs. Amar Chand and ors.
Court: Himachal Pradesh
Decided on: Jun-24-2004
Reported in: III(2004)ACC52,2005ACJ1233
R.L. Khurana, J.1. In an accident involving a Maruti van No. HP 02-5013 which took place on 22.10.1996 at about 9.30 p.m. at Gasaur, the respondent No. 1, Amar Chand, sustained multiple grievous injuries resulting into cent per cent permanent physical disability.2. The respondent No. 1 approached the learned Motor Accidents Claims Tribunal, Bilaspur (for short, 'the Tribunal') under Section 166 of the Motor Vehicles Act, 1988, seeking compensation to the tune of Rs. 8,00,000. It was averred that accident had taken place due to rash and negligent driving on the part of the driver Sanju Kumar, respondent No. 3. Respondent No. 1 pleaded that he was travelling in the offending vehicle as a passenger. Respondent No. 2 Roshan Lal is alleged to be the owner and the appellant is alleged to be the insurer of the offending vehicle.3. The respondent Nos. 2 and 3, while resisting the petition pleaded that the offending vehicle was owned by the respondent No. 1 himself having purchased the same fro...
National Insurance Co. Ltd. Vs. Chandra Devi and ors.
Court: Himachal Pradesh
Decided on: Jun-23-2004
Reported in: III(2004)ACC307,III(2005)ACC360,2005ACJ1096
V.K. Gupta, C.J.1. Since the common question of law is involved for adjudication in these two appeals, both are being disposed of by this common judgment.2. Both the appeals have been filed by the insurance companies appellants under Section 173 of Motor Vehicles Act, 1988 ('1988 Act', for short) against the awards passed by Motor Accidents Claims Tribunals awarding compensation in favour of the claimants-respondents and against the appellants insurance companies. Whereas in F.A.O. (MVA) No. 275 of 1993 award dated 22.7.1993 passed in M.A.C. Case No. 4-S/2 of 1990 by the Motor Accidents Claims Tribunal, Shimla, is under challenge, in F.A.O. (MVA) No. 156 of 1993, award dated 14.1.1999 passed in M.A.C.T. No. 91-S/2 of 1993 by Motor Accidents Claims Tribunal (II), Shimla, is under challenge.3. In both the cases the deceased were travelling in trucks and in both the cases they, on the own showing of the claimants-respondents, were travelling in the trucks as owners of the goods being carr...
Shushank and ors. Vs. Ram Karan and ors.
Court: Himachal Pradesh
Decided on: Jun-23-2004
Reported in: 2006ACJ779
V.K. Gupta, C.J.1. This is an appeal filed under Section 173 of Motor Vehicles Act, 1988 by the claimants in M.A.C. Petition No. 7-S/2 of 1992 against the judgment and award dated 29.4.1993 passed by learned Motor Accidents Claims Tribunal, Solan seeking enhancement of the award amount as also the relief of interest on the award amount from the date of the filing of the claim petition because the learned Tribunal did not grant the relief of interest in favour of the claimants.2. Claimants-appellants are the minor children, son and daughter of deceased Shabnam Aggarwal, who died in a road accident. Truck No. PJV 3293 belonging to respondent No. 2 and driven by respondent No. 1 met with an accident with Maruti van No. HP 03-0036 on 10.8.1991 at about 1 p.m. when Maruti van was being driven by one Parvesh Aggarwal near Parwanoo barrier and was overtaking truck No. PJV 3293 which was parked there on the roadside. Respondent No. 1 Ram Karan, the driver of the truck, all of a sudden drove th...
Pankaj Goyal Vs. Commissioner of Income-tax and anr.
Court: Himachal Pradesh
Decided on: Jun-22-2004
Reported in: [2004]270ITR201(HP)
V.K. Gupta, C.J.1. What is under challenge in these petitions filed under Articles 226 and 227 of the Constitution of India are show cause notices issued by respondent No. 1 in terms of Section 263 of the Income-tax Act, 1961. Mr. P.C. Jain, learned counsel appearing for the petitioners, has assailed the impugned show cause notices on the ground of these being without jurisdiction whereas Mr. Kuthiala, learned counsel appearing for the respondents, has submitted that respondent No. 1 has issued these show cause notices as a prelude to his exercising revisional jurisdiction in terms of Section 263 and that the impugned show cause notices do not suffer from any error of jurisdiction.2. The pre-requisite for the exercise of jurisdiction by the Commissioner of Income-tax suo motu in terms of Section 263 is that the order of the Assessing Officer is erroneous in so far as it is prejudicial to the interests of the Revenue. The Commissioner of Income-tax has to be satisfied about the aforesai...
Bhagat Ram Vs. Satluj Jal Vidyut Nigam Ltd. and ors.
Court: Himachal Pradesh
Decided on: Jun-11-2004
Reported in: [2005(104)FLR734]
Lokeshwar Singh Panta, J.1. Partap Singh petitioner No. 1, Sarwan Kumar petitioner No. 2, Bhagat Ram petitioner No. 3 and Parma Nand petitioner No. 4 filed this writ petition under Articles 226-227 of the Constitution of India seeking the following reliefs:(i) The respondents may be ordered to regularize the services of the petitioners as Attendants/Peons from the respective dates since when such vacancies become available with them and they may be required to pay all the consequential service benefits, and seniority etc. (ii) The respondents may be required to maintain seniority-list of the Attendants/Peons so that no discrimination is caused in any manner to the petitioners, (iii) That on the principle of 'equal wages for equal work', respondents may be ordered to pay such wages as are permissible to regularly recruited Attendants/Peons with effect from February, 1991, when each of the petitioners joined duties as Attendants/Peons, (iv) The respondents may be ordered to produce all t...
In Re: Gontermann-piepers (India) Ltd.
Court: Himachal Pradesh
Decided on: Jun-10-2004
Reported in: [2005]57SCL225(HP)
Lokeshwar Singh Panta, J.1. This petition under Sections 391 to 394 read with Section 81 (1 A) and Sections 100 to 103 of the Companies Act, 1956 has been filed by Gontermann-Piepers (India) Limited with its registered office at Bharatgarh Road, Nalagarh, District Solan, Himachal Pradesh (hereinafter referred to Ist petitioner-Company; and G.P.I. Textiles Limited with its registered office at Bharatgarh Road, Nalagarh, District Solan (hereinafter referred to 2nd petitioner-company) praying for the sanction of the modified Scheme of Arrangement filed with the petition as Exhibit-'A' to be binding with effect from the 1st day of January, 2003 on both secured and unsecured creditors.2. Ist and 2nd petitioners-Companies had earlier filed Company Petition No. 12 of 2003 in this Court under section 391(3) of the Companies Act, 1956 praying for convening the meeting of the shareholders of both Companies for consideration and approval of the Scheme of Arrangement between Ist petitioner-Company...
B.B.M.B. Through Its Secretary and ors. Vs. Paras Ram and anr.
Court: Himachal Pradesh
Decided on: Jun-07-2004
Reported in: (2004)IIILLJ1104HP
R.L. Khurana, J.1. Respondent Paras Ram was appointed as a Beldar in the Beas Satluj Link Project Sundernagar on November 18, 1972. Consequent upon reduction in staff strength, he was discharged from service on January 28, 1978. He was re-appointed as Gardener on November 8, 1978. At the time of his initial appointment in the year 1972 respondent by way of an affidavit had given his date of birth as November 30, 1937. On the basis of some complaint received as to the date of birth of the respondent, disciplinary proceedings were initiated against the respondent. During such inquiry the respondent was found to have been born on July 1,1921 and that a false affidavit was submitted by him as to his date of birth. The respondent was, therefore, retired from service with effect from June 30, 1981 on May 3, 1993. The respondent assailed the order of the petitioners retiring him from service by way of a civil suit, being Civil Suit No. 158of 1993. Such suit was dismissed by the learned Sub-Ju...
National Insurance Co. Ltd. Vs. Jita and ors.
Court: Himachal Pradesh
Decided on: Jun-07-2004
Reported in: 2005ACJ1200
Arun Kumar Goel, J.1. This appeal is directed against the award dated 5.3.2003, passed by learned Motor Accidents Claims Tribunal, Kullu, in Claim Petition No. 71 of 2001, titled as Jita v. Mohinder Pal.2. At the time of hearing of this appeal, Mr. Ashwani Sharma, the learned counsel for the appellant, has made a twofold prayer. Firstly, according to him, vide cheque dated 7.6.2001 issued by the owner of the vehicle, i.e., Yogesh Kumar in favour of the appellant, bus bearing registration No. HP-34-5401 was insured. It was delivered to the Development Officer on 8.6.2001. 9.6.2001 and 10.6.2001 being holidays, it was received in the Branch on 11.6.2001. In usual course of business on 12.6.2001 this cheque was deposited with Punjab National Bank at Mandi for collection. And finally it was credited to the account of the appellant on 26.7.2001. Therefore, there was no subsisting and legal contract of insurance between the parties on the date of accident, which is 20.6.2001 in the instant c...
United India Insurance Co. Ltd. Vs. Rameshwari Devi and ors.
Court: Himachal Pradesh
Decided on: Jun-03-2004
Reported in: 2006ACJ232
V.K. Gupta, C.J.1. By this common judgment all the three appeals are disposed of together.2. With the consent of the parties, all the appeals are taken up today for hearing and final disposal.3. The only two grounds have been urged by Mr. N.K. Thakur, learned counsel appearing for the appellant insurance company. The two grounds are as under:(1) Since the driver driving the offending vehicle did not hold a valid driving licence, the vehicle was being driven in violation of the policy conditions and, therefore, the appellant insurance company was absolved of its liability to pay.(2) The vehicle was also being used in violation of the policy conditions, because even though it was a private car (Maruti van) it was being used for hire and reward as it was carrying passengers on that basis.4. Insofar as the first question is concerned, whether the driver of the offending vehicle was holding a valid driving licence or not, the insurance company cannot avoid its liability to pay to the claima...
Oriental Insurance Co. Ltd. Vs. Sunita Devi and ors.
Court: Himachal Pradesh
Decided on: Jun-02-2004
Reported in: 2006ACJ234
Arun Kumar Goel, J.1. The learned counsel for the appellant at the time of hearing of this appeal urged that admitting all the facts as set out in the claim petition below to be correct, still the impugned award against his client cannot be sustained in any circumstance whatsoever.2. Vehicle bearing registration No. HIB 1947 being insured with the appellant insurance company under a valid insurance policy, is admitted. It met with an accident on 26.4.2000. Jagat Ram was its driver. Deceased Subhash Chand was the husband of respondent No. 1, father of respondent Nos. 2 and 3 and son of respondent Nos. 4 and 5 respectively, is also another fact on which learned counsel for the parties were not at variance.3. He was travelling in the ill-fated truck at the time when it met with accident on 26.4.2000. As a result of this accident he died. A claim application demanding compensation of Rs. 10,00,000 was filed against the present appellant, i.e., insurance company; Gopal Chand, i.e., owner of...
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