Himachal Pradesh Court May 2005 Judgments
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State of Himachal Pradesh and anr. Vs. Raj Kumar and ors.
Court: Himachal Pradesh
Decided on: May-30-2005
Reported in: III(2005)ACC896,2006ACJ1565
Deepak Gupta, J.1. This appeal by the State is directed against the award of the Motor Accidents Claims Tribunal-I, Sir-mour District at Nahan in M.A.C. Petition No. 54-N/2 of 1994/1993, decided on 9.8.1995.2. The facts which are not in dispute are that deceased Bachna Ram was employed as a driver with the I.P.H. Department of the State of H.P. He was deployed on duty with truck No. HPN 553. On 13.8.1992 he was carrying a large number of RCC pipes in the truck along with some labourers. The truck met with an accident and went off the road. The deceased died as a result of injuries sustained by him in the accident.3. The claimants who are the widow and children of the deceased filed a claim petition under Section 166 of the Motor Vehicles Act claiming that compensation should be awarded to them. It was alleged that the accident had occurred due to the sudden puncture of the rear left side tyre of the truck. It was further alleged that the tyre got punctured due to the fact that the vehi...
Harvinder Singh @ Jangoo Vs. Amar Jeet Kaur and ors.
Court: Himachal Pradesh
Decided on: May-30-2005
Reported in: II(2006)ACC369
Deepak Gupta, J.1. This judgment shall dispose of two appeals since they arise out of the same award and the same accident.2. The facts necessary for disposal of the case are that Amar Jeet Kaur, who was a minor at the relevant time, filed a claim petition, through her mother and natural guardian claiming compensation under Section 166 of the Motor Vehicles Act. In this claim petition it was alleged that when the claimant was coming back from her school on a bicycle at about 4.15 p.m., near Ghuttanpur, truck bearing No. HPN-2068 coming from Paonta Sahib side in a rash and negligent manner hit the applicant. It is alleged that the applicant fell down on the spot and sustained injuries. She was taken to the hospital at Paonta Sahib and from where she was referred to the Ortho Specialist. Thereafter she was taken to Waryam Singh Hospital at Yamuna Nagar. The claimant had been under treatment in various hospitals at Paonta Sahib, Yamuna Nagar, Panchkula and also at P.G.I., Chandigarh. Comp...
Divisional Forest Officer Vs. Budhi Singh
Court: Himachal Pradesh
Decided on: May-26-2005
Reported in: IV(2005)ACC227,2006ACJ1851
Deepak Gupta, J.1. This appeal under Section 30 of Workmen's Compensation Act (hereinafter referred to as 'the Act'), has been filed against the Order of Commissioner, Workmen's Compensation, Karsog, District Mandi, Himachal Pradesh dated 28.2.1997.2. The facts which are not in dispute are that deceased Shayam Kala who was aged about 20 years died when she was struck by stone when she was working on construction of forest line. There is no dispute also with regard to the wages of the deceased which were Rs. 45.75 per day.3. The only dispute raised by appellant is that the penalty should not have been imposed upon appellant. The death admittedly took place on 6.10.1995. It appears that the Divisional Forest Officer, Karsog, also sent some letter to the Workmen's Compensation Commissioner, Mandi on 7.3.1996 and which was received in the office of the Workmen's Compensation Commissioner, Karsog on 13.5.1996. Budhi Singh, father of the claimant, had also filed a writ petition in the High C...
Suresh Sharma Vs. Dr. Sukhdev Sharma
Court: Himachal Pradesh
Decided on: May-25-2005
Reported in: I(2006)DMC144
Deepak Gupta, J.1. This unfortunate matrimonial dispute between two educated persons is a clear reflection of the absence of sexual education even amongst so-called well educated persons.2. The respondent/husband is employed as a Professor of Science in H.P. University. The appellant-wife is employed as a lecturer in Political Science in Senior Secondary School at Indora in District Kangra. The two were marked on 7.12.1989. Differences arose on the wedding night itself. The genesis of the differences makes sad reading. The husband filed the petition for divorce under Section 13 of the Hindu Marriage Act, 1955 in the Court of the District Judge, Solan on 22nd March, 1991. It was alleged that the marriage had taken place in Tehsil Arki, District Solan, H.P. The grounds of divorce were cruelty and desertion.3. The allegations made in the petition were that just after the marriage on the wedding night itself the husband discovered that the wife was suffering from a venereal disease i.e. Sy...
Centre for Advance Studies and Engineering Vs. Hakam Chand
Court: Himachal Pradesh
Decided on: May-25-2005
Reported in: AIR2006HP21
ORDERV.M. Jain, J.1. This Execution Petition under Order 21 Rules 10 and 11 read with Section 151 of the Code of Civil Procedure has been filed by the plaintiff-decree holder, seeking execution and registration of the sale deed as per the decree dated 26-3-2004, passed by this Court.2 The facts which are relevant for the decision of the present execution petition are that plaintiff-decree holder, namely, Centre for Advance Studies and Engineering, had filed a suit against Hakam Chand, defendant, seeking specific performance of the agreement to sell dated July 22, 2000, for the sale of suit land for a sale consideration of Rs. 55,000/- per bigha and a sum of Rs. 13,500/- having been paid as earnest money. The said suit was contested by the defendant. Various issues were framed. Thereafter the case was adjourned from time to time as the parties wanted to settle the dispute between themselves. On March 26, 2004 the parties compromised the matter. Statements of Hakam Chand defendant and Sh...
Dilbag Singh and ors. Vs. the State of H.P.
Court: Himachal Pradesh
Decided on: May-24-2005
Reported in: 2005CriLJ4734
Surjit Singh, J.1. Through these two appeals, appellants have challenged the judgments dated 25-6-2004 of learned Additional Sessions Judge (Presiding Officer, Fast Track Court), Una, delivered in two cross cases. In one ease, which has given rise to Appeal No. 264 of 2004, the appellants, namely Dilbag Singh, Ranjit Singh and Mukhtiar Singh, have been held guilty of offences under Sections 307, 323 and 324 of the Indian Penal Code, for allegedly causing injuries to Shiv Kumar, Pawan Kumar, Didar Singh and Sukhdev Singh, by means of sharp edged as also blunt weapons in an incident that took place on 8-11-1999, at a place called Sanoli, falling within the jurisdiction of Police Station, Una. The said appellants have been sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs. 20.000/- each, for the offence under Section 307 of the Indian Penal Code and in default of payment of fine to undergo rigorous Imprisonment for a further period of two years each.2. In the ...
SachIn Kumar Vs. Chuni Lal
Court: Himachal Pradesh
Decided on: May-24-2005
Reported in: IV(2005)ACC5,2006ACJ1390,2006(3)ShimLC265
Deepak Gupta, J.1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'), is directed against the award of the Motor Accidents Claims Tribunal-II, Kangra at Dharamsala in M.A.C. Petition No. 37-D of 1994, dated 11.7.1997 awarding compensation of Rs. 77,600 to the claimants.2. The facts necessary for the disposal of the case are that on 30.9.1994, the appellant, who was aged about 14 years at that time was driving scooter No. HP 15-0164. The claimant filed a claim petition under Section 166 of the Act alleging that he was hit by the scooter and that the accident occurred due to rash and negligent driving of appellant.3. The minor, Sachin Kumar through his father, Kishan Lal and his mother, who is owner of the scooter filed a reply in which the factum of the accident was denied. It was stated that the injured while crossing the road had fallen down himself and sustained injuries and there was no impact with the scooter. In this reply it was ...
Vijay Kumar Vs. State of H.P.
Court: Himachal Pradesh
Decided on: May-23-2005
Reported in: 2006CriLJ650
Surjit Singh, J.1. Appellant Vijay Kumar has been convicted of an offence under Section 302 of Indian Penal Code, for allegedly committing the murder of one Rup Lal of Bharmour on 29th August, 2001, at 9 p.m. at a place called Karian in Chamba District, by the learned Sessions Judge,. Chamba. As a result of such conviction he has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 2000/- and in default of payment of fine to undergo simple imprisonment for a further period of three months. The appellant is aggrieved by the order of his conviction and punishment and so he has come up in appeal to this Court.2. The case of the prosecution, as per record, may be summed up thus. Deceased Roop Lal was a Gorklia from Nepal and used to work at Bharmour. On 29th August, 2001 he went to village Karian, falling within the jurisdiction of Police Station, Chamba, to meet one of his compatriot, namely Tek Bahadur, who was employed as a mate or sub-contractor with one Sh...
Oriental Insurance Co. Ltd. Vs. Narvada and ors.
Court: Himachal Pradesh
Decided on: May-18-2005
Reported in: IV(2005)ACC158,2007ACJ202
Deepak Gupta, J.1. This judgment shall dispose of 4 appeals being F.A.O. (MVA) Nos. 301, 306 of 1997, 339 and 345 of 2000 as they arise out of the same accident and out of two similar awards dated 27.6.1997 passed by learned Motor Accidents Claims Tribunal (II), Mandi under Section 163-A of the Motor Vehicles Act, 1988 (hereafter referred to as 'the Act').2. The facts necessary for disposal of the case are that the deceased Meenakshi Devi and her cousin Varinder Thakur were travelling on scooter No. HP 31-0799 which was hit by bus No. HP 31-3637. In this accident Meenakshi Devi died and Varinder Thakur suffered injuries. The bus was owned by respondent Nos. 2 and 4 and driven by respondent No. 3 and the conductor therein was respondent No. 5. The bus was insured with the appellant insurance company.3. The parents of Meenakshi Devi filed a claim petition purporting to be under Section 163-A read with Section 166 of the Motor Vehicles Act for grant of compensation. It is quite obvious th...
New India Assurance Co. Ltd. Vs. Sunita Devi and ors.
Court: Himachal Pradesh
Decided on: May-17-2005
Reported in: IV(2005)ACC232,2006ACJ1036
Arun Kumar Goel, J.1. When this case was taken up today, learned Counsel for the parties submitted that instead of taking up the application for release of amount, keeping in view the limited controversy involved in the matter, this appeal may be finally heard and disposed of.2. Keeping in view this joint prayer, as well as the controversy involved in this appeal, matter was finally heard and is being disposed of.3. Admitted facts of this case are that deceased Prem Chand was employed as a driver with Roop Chand, respondent No. 2 (owner of the vehicle in question). Sunita, respondent No. 1 is Prem Chand's widow, respondent No. 3 is his mother, respondent No. 4 is his brother and respondent Nos. 5 and 6 are his sisters. It was not disputed at the time of hearing that vehicle involved in the accident bearing registration No. HP 07-2061 was owned by Roop Chand and was insured with the appellant insurance company. Prem Chand having died in the accident during the course of his employment w...
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