Himachal Pradesh Court March 2005 Judgments
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Oriental Insurance Co. Ltd. Vs. Vidya Devi and ors.
Court: Himachal Pradesh
Decided on: Mar-31-2005
Reported in: 2005ACJ2105
Deepak Gupta, J.1. This appeal by the insurance company is directed against the award of the Motor Accidents Claims Tribunal, Solan, in M.A.C. Petition No. 22-S/2 of 1995, decided on 12.1.1996.2. The claim petition under Section 161 of Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') by the respondents was filed with regard to the death of one Roman Singh who is alleged to have been hit by some truck on 20.4.1991 at about 7 p.m. in Solan Bazar near Bhagwati Steel Industries. No particulars of the truck, driver, owner and insurance company were given. The insurance company specifically took up a plea that the Tribunal had no jurisdiction to try such claim petition. The Claims Tribunal has held that since it is the duly constituted Motor Accidents Claims Tribunal, therefore, it had jurisdiction to entertain and decide the case.3. Section 161 of the Motor Vehicles Act is as follows:161. Special provisions as to compensation in case of hit and run motor accident.--(1) For th...
Gurdial Singh Vs. Managing Director, Himachal Road Transport Corporati ...
Court: Himachal Pradesh
Decided on: Mar-31-2005
Reported in: IV(2005)ACC474,2006ACJ2568
Deepak Gupta, J.1. A claim petition under Section 166 of Motor Vehicles Act was filed by Asha Rani (widow), Anjana Sharma (daughter), Rajesh Kumar and Anil Kumar (sons) of late Kamal Dev against the Managing Director and Regional Manager of H.R.T.C., Sukhdev Singh, driver of bus No. HK 2029 as also Gurdial Singh, driver of scooter No. DIG 5987. In this claim petition it was alleged that deceased Kamal Dev was sitting as a pillion rider on scooter being driven by Gurdial Singh. It was further alleged that when the scooter was over the Swan Bridge, one rehra was going towards Jhalera (Una side) and in the meantime a bus of H.R.T.C. bearing No. HIK 2029 came from the opposite side. It is alleged that the bus was at a very high speed and the driver of the bus after crossing the rehra swerved the bus to the right and hit the scooter resulting in the injuries to the persons on the scooter. Kamal Dev succumbed to his injuries and died on the spot. It was further claimed that deceased was earn...
H.P. State Forest Corporation Vs. S. Butail and Company
Court: Himachal Pradesh
Decided on: Mar-30-2005
Reported in: IV(2005)BC255,[2005]128CompCas179(HP)
K.C. Sood, J.1. This appeal arises out of the judgment and decree passed by the learned Single Judge of this Court dated November 22, 2001, whereby the suit of the plaintiff has been decreed for Rs. 10,93,425/- along with interest of Rs. 1,64,012/- at the rate of 9% per annum and also future interest at the rate of 9% per annum on the principal amount from 10.12.1999 i.e. the date of the filing of the suit till the realisation of the decretal amount.The Facts :2. Appellant, H.P. State Forest Corporation, hereinafter referred to as the 'defendant Corporation,' is a Government Company constituted under the Company Act, 1956. The Corporation is subjected to statutory audit and income tax. The respondent, M/s. S. Butail and Company, hereinafter referred to as the 'plaintiff Company', is a Chartered Accountant Company. The Company renders professional services in audit, accounts taxation and other allied matters.3. It appears, when the assessment of the defendant Corporation for the year 19...
United India Insurance Co. Ltd. Vs. Chander Prabha Bhatt and ors.
Court: Himachal Pradesh
Decided on: Mar-28-2005
Reported in: III(2005)ACC688,2005ACJ1972
Deepak Gupta, J.1. The only point raised in this appeal is whether the insurance company is liable to cover the risk in case of injury/death of the insured himself in a motor accident.2. The deceased Vijay Anand Bhatt was owner of truck No. UP 07-2436. The deceased was a transporter by profession. On 5.3.1994 he was coming from Sataun in the aforementioned truck. The said truck met with an accident resulting in the death of the deceased owner Vijay Anand Bhatt.3. The widow, two minor children and parents of the deceased filed the claim petition for grant of compensation alleging that the accident in question had occurred due to rash and negligent driving of Dinesh Kumar, driver. The insurance company in its reply took up a specific plea that the company was not responsible since the liability to indemnify for death of the owner was not covered under the terms of the policy nor it required to be covered under the provisions of the Motor Vehicles Act. The relevant issue framed in this be...
Partap Singh Vs. Smt. Satya Devi and anr.
Court: Himachal Pradesh
Decided on: Mar-28-2005
Reported in: AIR2005HP37
M.R. Verma, J.1. This order is meant to dispose of the preliminary objection raised by the learned Counsel for the respondent regarding maintainability of the present appeal.2. The facts relevant for the purpose of disposal of the said preliminary objection are that predecessor-in-interest of the respondents-plaintiffs (hereafter referred to as 'the respondents') instituted a suit against the appellant defendant (hereafter referred to as 'the appellant') for rendition of accounts and recovery of the due amount i.e. Rs. 15,000/-. The trial Court decreed the suit for rendition of accounts to the extent of Rs. 1,000/-. The respondents preferred an appeal which -was allowed by the learned District Judge, Hamirpur and a decree for recovery of Rs. 14,000/- along with interest was passed in favour of the respondents against the appellant. The aggrieved appellant preferred the present appeal. The Memorandum of Appeal was initially filed on 22-12-2001, however, it was held under various objecti...
L.A.C. and ors. Vs. Kishan Singh and ors.
Court: Himachal Pradesh
Decided on: Mar-28-2005
Reported in: AIR2006HP1
Arun Kumar Goel, J.1. It is proposed to take up and dispose of all these appeals arising out of a common award dated 22-3-1996, passed by learned Additional District Judge, Dharamsala, Camp at Una.2. By means of impugned award, 13 references were answered by the Court below. While allowing the references, compensation assessed by The Land Acquisition Collector was enhanced as detailed below :Class of land Compensation awarded Compensation awardedby the LAC by the Reference CourtChahi Abbal Rs. 20,00,000/- Per Hectare. Rs. 25,00,000/ Per Hectare.Barani Abbal Rs. 18,00,000/- Per Hectare. Rs. 23,00,000/-Per Hectare.Gair Mumkin Rs. 5,00,000/- Per Hectare. Rs. 6,75,000/- Per Hectare.3. At the time of hearing of all these appeals, learned Advocate General submitted that out of the 1 3 references answered vide impugned award, his clients had filed appeals in all the cases. However, three out of the 13 appeals were disposed of by this Court. He referred to the files of this Court in (a) RFA No...
United India Insurance Co. Ltd. Vs. Prem Chand Gupta and ors.
Court: Himachal Pradesh
Decided on: Mar-28-2005
Reported in: 3(2005)ACC697
Deepak Gupta, J.1. One Bus No. DL-IP-0632 met with an accident on 9th December, 1995 near Timber Trail Resort, Parwanoo on the National Highway at 4.15 p.m. The said bus hit the deceased Surinder Kumar Gupta, who was a mechanic. He unfortunately expired in the said accident. The claimants being parents of the deceased filed a claim petition before the Motor Accident Claims Tribunal, Solan. The Motor Accident Claims Tribunal, Solan vide its award dated 6th September, 1996 in MAC Case No. 20-S/2 of 1996 awarded compensation of Rs. 1,95,000/- in favour of the claimants. The Tribunal held the appellant-Insurance Company liable to pay the said amount.2. The accident was not disputed by the respondents. The Insurance Company took up a plea that the vehicle was not insured at the time of the accident and it was in fact got insured by the owner of the vehicle after coming to know about the accident at 9 p.m. on 9.12.1995. The case set up by the Insurance Company was that the number of the bus ...
Jalam Singh Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Mar-24-2005
Reported in: [2005(106)FLR984],(2006)ILLJ755HP
Deepak Gupta, J.1. This judgment shall dispose of two appeals being FAO No. 222 of 1993 and FAO No. 279 of 1993. The only question to be decided in these cases is with regard to the jurisdiction of the Civil Court.2. Facts giving rise to the present appeals are that in both the suits, the plaintiff filed suit for declaration that the verbal orders of termination of service of the plaintiff are illegal and nullity and not binding on the plaintiff with the effect that the plaintiff continues in service with all antecedents service benefits till the date of superannuation or till he is lawfully removed from service. There was also a prayer for mandatory injunction.3, Both the suits were decreed by the trial Court by holding that the termination of the service of the defendant is wrong and illegal and the plaintiff continues to be in service as before, entitling the plaintiff to all service benefits including the wages of the period he was not allowed to work.4. The present respondents fil...
Balak Singh and anr. Vs. Union of India (Uoi) and anr.
Court: Himachal Pradesh
Decided on: Mar-22-2005
Reported in: III(2005)ACC626,2006ACJ392
Deepak Gupta, J.1. By this judgment three appeals being F.A.O. Nos. 183, 184 and 185 of 1994 are being disposed of as they arise out of the same accident.2. Facts necessary for decision of these appeals are that one Naresh Kumar was riding his motor cycle No. HP 21-1087. His wife Nishi Kanta was the pillion rider and she was carrying their minor son Nishant, aged 7 months, in her lap. According to the petitioners on 21.6.1992 when the deceased was about 100 metres before Kangra tunnel as one travels from Kangra to Jawalamukhi, an army vehicle No. 88 P-9249 M with a trolley attached to it was going ahead of the motor cycle. Deceased Naresh Kumar who was driving the motor cycle blew horn to overtake the army vehicle. Driver of the army vehicle allegedly gave a signal with his hand allowing the motorcyclist to overtake the army vehicle. On seeking this the motorcyclist started overtaking the army vehicle. When he had only crossed half of the army vehicle the respondent No. 2 allegedly swe...
Union of India (Uoi) and ors. Vs. Balbir Singh
Court: Himachal Pradesh
Decided on: Mar-21-2005
Reported in: [2005(106)FLR987],(2005)IIILLJ470HP
K.C. Sood, J.1. This petition under Article 226 of the Constitution arises out of the orders of the Central Administrative Tribunal, Chandigarh dated August 6, 1998.2. Relevant facts may be noticed:3. Respondent Balbir Singh was engaged as Casual Labour at Chamba by petitioner S.D.O. (Telegraphs), Chamba with effect from September 1, 1981. He was engaged through the Employment Exchange under the Scheme of the Department dated November 7, 1989. On October 1, 1989, a status of temporary Mazdoor was conferred upon him under the Casual Labourers (Grant of Temporary Status and Regularisation) Scheme, 1989. He worked as such upto February 14, 1992 and abstained thereafter. He reported for duty on March 9, 1994 along with medical certificates for the period of his absence saying that he was seriously sick during this period and remained under medical treatment. Petitioner No. 4 did not permit the respondent to join duties. He filed O. A. (131-HP-1998) with the Chandigarh Bench of the Central ...
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