Himachal Pradesh Court July 2004 Judgments
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Dalip Kumar Vs. Rajesh Sahani and ors.
Court: Himachal Pradesh
Decided on: Jul-15-2004
Reported in: III(2004)ACC714,2005ACJ309
V.K. Gupta, C.J.1. One of the grounds urged in this appeal for enhancement of the quantum of compensation as has been awarded by the Tribunal vide its judgment dated 15.10.2001 passed in M.A.C.C. No. 219-S/2 of 1998 is that the Claims Tribunal wrongly rejected the application of the appellant-claimant for permission to adduce additional evidence. I have seen the Tribunal's order dated 27.8.2001 and find that the claimant's prayer for permission to examine Dr. R.S. Yadav has been disallowed without properly appreciating the merits of the prayer. It appears that in a slipshod manner, the Tribunal disallowed the appellant's aforesaid prayer, despite the fact that the examination of Dr. R.S. Yadav as one of the claimant's witnesses was very highly relevant and material for proper adjudication of the issues involved in this case, especially for determining the quantum of compensation on the ground of, and related to the disability suffered by the claimant-appellant. Not only that the Tribun...
Narbada and ors. Vs. Rajni Kanta and ors.
Court: Himachal Pradesh
Decided on: Jul-15-2004
Reported in: III(2004)ACC763,2005ACJ142
V.K. Gupta, CJ.1. Both these connected appeals are being disposed of by this common judgment.2. 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 ('the Act' for short). The facts first.3. 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 death of the said two deceased persons which resulted because of an accident occurring on 7.5.1994 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 Nikku Ram and 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 manner? OP...
National Insurance Co. Ltd. Vs. Anguri Devi and ors.
Court: Himachal Pradesh
Decided on: Jul-13-2004
Reported in: III(2004)ACC845,2005ACJ167
V.K. Gupta, C.J.1. This appeal has been filed by National Insurance Co. Ltd. under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 13.7.1999 passed by the learned Motor Accidents Claims Tribunal, Solan, in M.A.C. Petition No. 66-S/2 of 1996. As this appeal was taken up for consideration and hearing Mr. Ashwani Kumar Sharma, learned counsel appearing for the insurer appellant, when confronted with the difficulty coming in the way of the appellant about the maintainability of this appeal, looking to the limited nature of defences available to the appellant insurer, under Section 149 (2) of the Motor Vehicles Act, 1988, read with Section 173 submitted that the appellant had filed an application under Section 170 of the Motor Vehicles Act before the Tribunal with a prayer that the appellant be permitted to contest the claim petition on all the grounds since, as per the averments contained in this application, the appellant was not informed by the owner-insu...
Gountermann Peipers (India) Ltd. Vs. Union of India (Uoi) and ors.
Court: Himachal Pradesh
Decided on: Jul-12-2004
Reported in: [2005]126CompCas489(HP)
V.K. Gupta C.J.1. This appeal under Section 391(7) of the Companies Act, 1956, is directed against the judgment dated June 10, 2004, passed by a learned single judge of this court in Company Petition No. 13 of 2003 whereby, invoking Section 22(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 ('1985 Act', for short), the learned single judge ordered that the proceedings in Company Petition No. 13 of 2003 (filed under Sections 391 to 394 read with Section 81(1A) and Sections 100 to 103 of the Companies Act, 1956) would remain in abeyance till the Board for Industrial and Financial Reconstruction ('BIFR' for short) decides the reference pending before it which had been made by the first appellant-company under Section 15 of the 1985 Act.2. The appellants had filed the aforesaid petition under Sections 391 to 394, read with Section 81(1A) and Sections 100 to 103 of the Companies Act, 1956, being Company Petition No. 13 of 2003 in this court on November 17, 2003, for obtai...
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