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Himachal Pradesh Court September 2004 Judgments

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Sep 21 2004

Oriental Insurance Co. Ltd. Vs. Geeta and ors.

Court: Himachal Pradesh

Decided on: Sep-21-2004

Reported in: 2006ACJ1480

Arun Kumar Goel, J.1. When this matter came up for consideration on 29.3.2004, notice was confined to the owner of the vehicle, i.e., Dhian Swaroop Sharma (he is reported to have died during pendency of this appeal and his sole L.R. was brought on record, vide order dated 15.9.2004).2. Mr. Sharma, on behalf of appellant, submitted that looking to the decisions of the Apex Court in National Insurance Co. Ltd. v. Baljit Kaur : AIR2004SC1340 ; Oriental Insurance Co. Ltd. v. Nanjappan : AIR2004SC1630 and National Insurance Co. Ltd. v. Swaran Singh : AIR2004SC1531 , his client may be permitted to recover this amount after having indemnified the respondent Nos. 1 to 5 in terms of the impugned award dated 5.12.2003. Thus, he prayed for modification of the said award to this extent only.3. With a view to advance the case of his client on the aforesaid line, Mr. Sharma referred to the statement of Geeta, RW 1, widow of the deceased. In her cross-examination, she has categorically stated that he...


Sep 17 2004

United India Insurance Co. Ltd. Vs. Laiq Ram and ors.

Court: Himachal Pradesh

Decided on: Sep-17-2004

Reported in: II(2005)ACC296,2006ACJ359

R.L. Khurana, J.1. The abovenoted seventeen appeals arising out of the award dated 31.8.1998 of the learned Motor cidents Claims Tribunal (II), Shimla (for short 'the Tribunal') are being disposed of by this single judgment as the questions involved therein are the same.2. Appellant in all the appeals is United India Insurance Co. Ltd. (hereinafter referred to as 'the insurer'). Respondent Ex-Soldiers Motor Transport Company is the owner of bus No. UGA 8845 (hereinafter referred to as 'the owner').3. On 19.1.1993 the above said bus was on its way to Nerwa in Tehsil Chopal of District Shimla from Ataal (UP). At about 8.15 p.m. when bus reached near Bathal, the driver, who was driving the bus in a rash and negligent manner, lost control over the bus as a result it went off the road and rolled down into river Salvi resulting in the death of all the passengers therein and the driver, save and except PW 1.4. The claimants-respondents, who are the legal heirs/dependants of the deceased, who ...


Sep 10 2004

National Insurance Co. Ltd. Vs. Reena Devi and ors.

Court: Himachal Pradesh

Decided on: Sep-10-2004

Reported in: 2005ACJ1306

V.K. Gupta, C.J.1. By this common judgment all the above-mentioned appeals are being disposed of together.2. These appeals filed under Section 173 of the Motor Vehicles Act, 1988 are at the instance of the appellant National Insurance Co. Ltd. and challenge the judgments/ awards passed by learned Motor Accidents Claims Tribunal-I, Sirmaur District at Nahan given by him with respect to an accident occurring on 18.7.1999 involving bus No. HP 17-4377. In this accident various persons had died and a large number of persons had received injuries. The heirs and legal representatives of the deceased persons had filed the following claim petitions, being the claim petitions shown against the appeals mentioned as herein-below:Sl. F.A.O. MAC No.No. (MVA) No. 1. 404 of 2001 69-MAC/2 of 19992. 405 of 2001 150-MAC/2 of 19993. 406 of 2001 153-MAC/2 of 19994. 407 of 2001 203 -MAC/2 of 19995. 408 of 2001 146-MAC/2 of 19996. 409 of 2001 75-MAC/2 of 19997. 410 of 2001 99-MAC/2 of 19998. 411 of 2001 103-...


Sep 03 2004

State of H.P. Vs. Sukhdev Singh Rana

Court: Himachal Pradesh

Decided on: Sep-03-2004

Reported in: 2005CriLJ1136

K.C. Sood, J.1. This State appeal is directed against the judgment of acquittal recorded by learned Special Judge, Chamba dated February 21, 2003.2. It appears, respondent Sukhdev Singh, hereinafter referred to as 'the accused', was tried by the learned Special Judge, Chamba under Section 7 read with Section 13(2) of the Prevention of Corruption Act, 1988 ('Act' for short) and was acquitted by the impugned judgment.Prosecution case :3. Accused Sukhdev Singh was posted as Block Development Officer, Mehla in the District of Chamba in the year 1997. Chain Lal Pradhan of Gram Panchayat Gagla was awarded two works by the Block Development Officer, Mehla, i.e. :(a) Construction of Government Primary School, Gagla and(b) Construction of School at Kuran, in Gram Panchayat, Gagla.Complainant executed both the works but he was not released final payment(s) of the two works. Rupees 14,000/- were due in respect of the work of construction of School building and rupees 20,400/- in respect of the co...


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