Himachal Pradesh Court July 2004 Judgments
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National Insurance Co. Ltd. Vs. Promila Devi and ors.
Court: Himachal Pradesh
Decided on: Jul-26-2004
Reported in: III(2004)ACC900,2005ACJ1528
V.K. Gupta, C.J. 1. Even though in the grounds of appeal the judgment and award of the Tribunal has been assailed on two counts, with respect to the finding about the rashness and negligence and the quantum of compensation, during the course of hearing of the case today Ms. Devyani Sharma, learned counsel appearing for the appellant has submitted that she does not press the ground regarding the rashness and negligence and that the only ground which she is urging against the impugned award is with respect to the quantum of compensation. No other point was urged.2. The Claims Tribunal awarded a compensation of Rs. 7,92,000, apart from awarding Rs. 10,000 each to every claimant under the heading of 'conventional damages on account of loss of love and affection'. The methodology adopted by the Tribunal for arriving at the compensation amount of Rs. 7,92,000 was this:The Claims Tribunal even though found and held that as per evidence adduced, the monthly income of the deceased was Rs. 3,276...
National Insurance Company Ltd. Vs. Promila Devi and ors.
Court: Himachal Pradesh
Decided on: Jul-26-2004
Reported in: 3(2004)ACC900
V.K. Gupta, C.J.1. Even though in the grounds of appeal the judgment and award of the Tribunal has been assailed on two counts, with respect to the finding about the rashness and negligence and the quantum of compensation, during the course of hearing of the case today Ms. Devyani Sharma, learned Counsel appearing for the appellant has submitted that she does not press the ground regarding the rashness and negligence and that the only ground which she is urging against the impugned award is with respect of the quantum of compensation. No other point was urged.2. The Tribunal awarded a compensation of Rs. 7,92,000/-, apart from awarding Rs. 10,000/- each to every claimant under the Heading of 'conventional damages on Account of loss of love and affection'. The methodology adopted by the Tribunal for arriving at the compensation amount of Rs. 7,92,000/- was this;The Tribunal even though found and held that as per the evidence adduced, the monthly income of *the deceased was Rs. 3,276.71 ...
Tapender Singh Vs. Jai Singh and ors.
Court: Himachal Pradesh
Decided on: Jul-23-2004
Reported in: III(2004)ACC775,2005ACJ962
Arun Kumar Goel, J.1. Both these appeals have arisen out of order dated 7.7.2003, passed by the Commissioner for Workmen's Compensation (SDM), Paonta Sahib in Case No. 14 of 1999 titled as Jai Singh v. Satnam Singh. As such, they are being disposed of by this common judgment.2. Respondent Nos. 1 to 5-claimants filed proceedings under Section 4 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act'), against Satnam Singh, owner of the truck No. HR 11-2209, Sohan Lal its driver and one Tapender Singh. F.A.O. No. 445 of 2003 is by Tapender Singh, whereas F.A.O. No. 6 of 2004 is by (owner and driver of the truck. Tapender Singh is being referred to hereinafter as 'the appellant' whereas the driver and owner are being jointly referred to as 'the appellants', hereinafter.3. The case of the respondent Nos. 1 to 5 was that the deceased was engaged as a labourer by Tapender Singh who was constructing his house on a daily wage of Rs. 60. Deceased while working as a laboure...
H.P. State Forest Corporation Ltd. Vs. Ganu Devi and ors.
Court: Himachal Pradesh
Decided on: Jul-23-2004
Reported in: I(2005)ACC725,2006ACJ624,(2005)IILLJ827HP
Arun Kumar Goel, J.1. When CMP No. 66/2004 came up for consideration learned counsel for the parties prayed that keeping in view the limited substantial question of law involved in this case, this appeal may be taken up for final hearing and disposed of finally. As such this case was heard at their joint request.2. When hearing commenced learned counsel for the parties submitted that only substantial question of law involved in this case is:'Whether the impugned award is contrary to the admitted and proved facts and is thus perverse which could not have been arrived at in any situation.'3. The appellant is a Company incorporated under the Companies Act. It is an Agent of the State so far exploitation, conversion and trade in timber in the State of Himachal Pradesh is concerned. With a view to carry out its activities, it engages different Agencies/Contractors. Respondent No. 2 was engaged as a Labour Supply Mate by the appellant for extraction and carriage of timber from Rupi Forest.4....
Rajesh Kmar Bansal Vs. Countryside Builders and ors.
Court: Himachal Pradesh
Decided on: Jul-23-2004
Reported in: 2005(2)ARBLR516(HP)
M.R. Verma, J.1. Since both these applications under Section 8 of the Arbitration and Conciliation Act, 1996 (hereafter referred to as 'the Act') arise on the basis of the same agreement, therefore, are being disposed of by this common order.2. Brief facts leading to the presentation of these applications are that the plaintiff has instituted the suit against the defendants for dissolution of partnership firm (defendant No. 1), for rendition of accounts, etc. The suit is at the initial stage. Before filing the written statement, defendant No. 2 filed OMP No. 179/2004 averring therein that the deed of partnership between the parties contain an arbitration clause that any dispute that may arise amongst the partners pertaining to the affairs of the partnership shall be referred to the arbitration of an arbitrator whose decision shall be final and binding on the partners, therefore, in view of this arbitration clause, the dispute is required to be referred to the arbitrator.3. On the basis...
Oriental Insurance Co. Ltd. Vs. Man Bhadur and anr.
Court: Himachal Pradesh
Decided on: Jul-21-2004
Reported in: 2005ACJ533,[2005(104)FLR741]
V.K. Gupta, C.J. 1. The only ground upon which the appeal of the appellant insurer has to be partly allowed is with respect to multiplication of the relevant factor, as prescribed in Schedule IV to the Workmen's Compensation Act, 1923, with the monthly wage of the deceased workman. The Commissioner has held that the deceased workman was drawing monthly wage of Rs. 300 and he has, in terms of Section 4 (1) (a) read with Schedule IV of the Act, multiplied the aforesaid monthly wage of Rs. 300 in its entirety with the relevant factor of 221.37 treating the age of the workman as 22 years and thus calculated the compensation amount at Rs. 66,411. In doing so, the Commissioner ignored the clear stipulation in Section 4 (1) (a) of the Act which stipulated (at the relevant time) that the multiplication of the relevant factor has to be with 40 per cent of the monthly wages of the deceased workman and not the monthly wage in its entirety. Section 4 (1) (a) of the Act, as it stood on the relevant...
Man Bahadur Vs. Kamal Dev Puri and anr.
Court: Himachal Pradesh
Decided on: Jul-21-2004
Reported in: III(2004)ACC720,[2005(104)FLR733],(2005)IILLJ70HP
V.K. Gupta, C.J. 1. In this appeal the limited relief claimed by the appellant is that the Commissioner under Workmen's Compensation while passing the award on November 10, 1999 and under challenge in this appeal had not ordered the payment of penalty by the employer-respondent No. 1 despite, the fact that admittedly the employer had committed default in paying the compensation due under the Act within one month from the date it fell due. Mr. K.D. Sood, learned counsel appearing for the appellant has drawn my attention to Section 4-A(3)(b) of the Workmen's Compensation Act, 1923 which reads thus:'4-A. Compensation to be paid when due and penalty for default. (1).........................(2)........................(3)(b) if, in his opinion, there is no justification for the delay, direct that the employer shall, in addition to the amount of the arrears and interest thereon, pay a further sum not exceeding fifty percent of such amount by way of penalty:Provided that an order for the payme...
Executive Engineer, B and R, H.P.P.W.D. and anr. Vs. Kewal Ram
Court: Himachal Pradesh
Decided on: Jul-16-2004
Reported in: 2005ACJ329,[2005(104)FLR1159]
Arun Kumar Goel, J.1. When C.M.P. No. 1089 of 2003 came up for consideration, the learned counsel for the parties submitted that only substantial question of law involved in this appeal is, 'whether the provisions of Workmen's Compensa tion Act, 1923, as they stood on the date of accident or on the date of decision would apply'? They further submitted that instead of disposing of the C.M.P., main matter may be examined and disposed of.2. The respondent Kewal Ram being a workman working under the appellants is not disputed. His having sustained perma nent partial disability as a result of injury which he suffered during the course of his employment with the appellants is also not disputed. Date of accident is 22.5.1993. In law, therefore, the amount of compensation became payable to him on 21.6.1993.3. Admittedly, compensation was deposited only after it had been assessed by the Commissioner below. This was before filing of this appeal to comply with the requirement of Section 30 of Wor...
Smt. Pushpa Alias Leela and ors. Vs. Smt. Shakuntla and ors.
Court: Himachal Pradesh
Decided on: Jul-15-2004
Reported in: 2006ACJ932,AIR2005HP4
V.K. Gupta, C.J.1. Both these connected appeals are being disposed of by this common judgment.A very short question of law has arisen for consideration in these appeals and its resolution depends upon the interpretation that would be given to Section 157 of the Motor Vehicles Act, 1988 ('Act' for short). The facts first.2. Two claim petitions being MAC petition Nos. 62-NS/2 of 1994 and 63-NS/2 of 1994 were filed by the legal heirs of two deceased persons claiming compensation for the deaths of the said two deceased persons which resulted because of an accident occurred on May 7, 1994 on Dhararu Dhar road near Bangora, Tehsil Arki, District Solan in the State of Himachal Pradesh involving truck bearing No. HPA-1435. The following seven issues were framed by the Tribunal for adjudication:1. Whether the death of Shri Nikku Ram and Shri Prem Chand has taken place in a motor vehicle accident on 7-5-1994 caused by vehicle No. HPA-1435 being driven by Roop Ram deceased in a rash and negligent...
Pushpa and ors. Vs. Shakuntala and ors.
Court: Himachal Pradesh
Decided on: Jul-15-2004
Reported in: I(2007)ACC666
V.K. Gupta, C.J.1. Both these connected appeals are being disposed of by this common judgment.A very short question of law has arisen for consideration in these appeals and its resolution depends upon the interpretation that would be given to Section 157 of the Motor Vehicles Act, 1988 ('Act' for short). The facts first.2. Two claim petitions being M.A.C. Petition Nos. 62-NS/2 and 63-NS/2 of 1994 were filed by the legal heirs of two deceased persons claiming compensation for the deaths of the said two deceased persons which resulted because of an accident occurred on 7th May, 1994 on the Dhararu Dhar Road near Bangora, Tehsil Arki, District Solan in State of Himachal Pradesh involving a truck bearing No. HPA 1435. The following seven issues were framed by the Tribunal for adjudication:(1) Whether the death of Nikku Ram and Prem Chand has taken place in a motor vehicle accident on 7th May, 1994 caused by vehicle No. HPA 1435 being driven by Roop Ram deceased in a rash and negligent mann...
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