Himachal Pradesh Court May 2005 Judgments
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United India Insurance Co. Ltd. Vs. Bishna and ors.
Court: Himachal Pradesh
Decided on: May-17-2005
Reported in: IV(2005)ACC252,2007ACJ709
Deepak Gupta, J.1. This appeal under Section 173 of the Motor Vehicles Act is directed against the award of the Motor Accidents Claims Tribunal, Una (H.P.) in M.A.C. Petition No. 3 of 1996 decided on 25.6.1997.2. The facts necessary for decision of the case are that Lachhmi Devi was hit by a tractor No. HP 20-0858. The claimants, i.e., the husband and sons of Lachhmi Devi filed a claim petition under Section 166 of the Motor Vehicles Act, claiming compensation. In this claim petition, it was alleged that the accident took place on 30.11.1995 at 2.30 p.m. Deceased along with petitioner No. 1 were coming home after working in the fields when she was hit by a tractor No. HP 20-0858 which was being driven rashly and negligently by Ravi Dutt, son of Rampal, respondent No. 5. It was further alleged that the tractor in question was owned by Rampal, father of Ravi Dutt and Rakesh Kumar, son of Rampal who are respondent Nos. 6 and 7 in the present appeal. The respondent Nos. 5 to 7 filed a comm...
Het Ram and anr. Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: May-17-2005
Reported in: (2006)IILLJ166HP
Surjit Singh, J. 1. The present writ petition under Articles 226 and 227 of Constitution of India has been filed for review of an undated order/judgment delivered in November, 1999 in O. A. No. 991 of 1999 by the State Administrative Tribunal (copy Annexure P-6) whereby the prayer of the petitioners for quashing their termination orders, dated March 6, 1999 has been rejected. 2. Petitioner No. 1 was appointed as Hindi Typist on daily wage basis till the completion of the job of compilation of Freedom Fighter History Book, Part-II or a period of six months, whichever was earlier. Similarly, petitioner No. 2 Narain Dass was appointed as Hindi Typist on December 11, 1997 vide order Annexure P-2 on daily wage basis, till the completion of the compilation of the aforesaid book or a period of six months, whichever was earlier. The two petitioners were, however, allowed to continue beyond the period of six months, without issuing any formal order of extension or fresh order of appointment and...
State of Himachal Pradesh and anr. Vs. Deepa Devi and ors.
Court: Himachal Pradesh
Decided on: May-17-2005
Reported in: IV(2005)ACC194,2006ACJ1677
Deepak Gupta, J.1. An interesting question has been raised in this appeal- Whether the insurance company is liable to pay compensation when an accident occurs and the insured vehicle is not in the control of the owner but has been requisitioned by the government?2. The facts necessary for the decision of this case are that a Maruti Gypsy bearing No. HIS 6095 was owned by Nathpa Jhakri Power Corporation (hereinafter referred to as 'NJPC'). It was insured with National Insurance Co. Ltd. The said vehicle was requisitioned by the government for election purposes. During the period when this vehicle was requisitioned and was being used by the SDM, Rampur the vehicle struck against one Satish Kumar who sustained injuries and died. The parents of Satish Kumar filed a claim for compensation. Claims Tribunal granted compensation of Rs. 1,07,880 in favour of L.Rs. Tribunal exonerated the insurance company and held the State Government liable to pay the compensation.3. Mr. J.S. Guleria, learned ...
Munshi Ram Vs. Kamla Devi and ors. Etc.
Court: Himachal Pradesh
Decided on: May-16-2005
Reported in: AIR2006HP19
Deepak Gupta, J.1. This judgment shall dispose of two appeals being FAO Nos. 559 and 560 of 2003 since they arise out of the same suit and two virtually identical orders passed in two separate appeals arising out of the said suit.2. The facts which are necessary for decision of this case are that the present appellant was the plaintiff in the trial Court. He filed a suit against Amin Chand, predecessor-in-interest of respondents No. 3 and 4 and all the other respondents, including Bhagwati Devi. Bhagwati Devi was defendant No. 5 in the said suit. In the suit it was prayed that a decree for declaration be granted to the effect that the plaintiff is owner in possession to the extent of 23/180 share in the suit land. It was also prayed that the judgment and decree in civil suit No. 225/91, titled Kamla Devi v. Ichhlya Devi, decided on 23-9-1991 be declared to be collusive and null and void,3. It Would be useful to quote Para 8 of the plaint :8. That there is no dispute with the shares of ...
Ram Lal Vs. State of H.P.
Court: Himachal Pradesh
Decided on: May-12-2005
Reported in: 2006CriLJ939
Surjit Singh, J.1. Appellant Ram Lal has preferred this appeal against the judgment dated 20-4-2000 of learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr in Sessions Trial No. 8 of 1999, whereby he has been convicted of the offence under Section 302, Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/-, in default of payment of which he has been ordered to undergo simple imprisonment for two years.2. Facts relevant for the disposal of the appeal may be noticed. On 20-2-1999 a telephonic call was received at Police Station, Rampur Bushahr from Sh. G.S. Guleria, Executive Engineer, I.P.H., Rampur. The caller informed that the wife of the Chowkidar, namely Ram Lal (appellant), employed in his office had caught fire in the quarter of the said chowkidar and they (the caller & some others) had extinguished the fire and sent the lady to the Referral Hospital, Rampur and that the matter may be enquired into. The report was ...
Dev Raj Vs. State of H.P.
Court: Himachal Pradesh
Decided on: May-11-2005
Reported in: 2005CriLJ4580
K.C. Sood, J.1. This appeal arises put of the judgment of learned Sessions Judge, Kullu dated March 14, 2002 whereby the respondent, hereinafter referred to as the accused' has been convicted for an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Act for short) and sentenced to suffer rigorous imprisonment for ten years and to pay a fine of rupees one lakh. In case of default in the payment of fine, the accused is' to suffer further imprisonment for one year.Prosecution case.2. On September 10, 2001, a Police Party headed by then Sub-Inspector S.H.O. Sanjay Kumar of Police Station, Banjar consisting of Assistant Sub-Inspector Narairi Singh (PW-8), Head Constable Narain Singh (PW-7), Head Constable Chaman Lal (PW-1), Constable Tek Singh (PW-2) and Uttam Singh, Lance Head Constable Hari Singh was on routine patrol duty in an official vehicle. A naka was set one km, short of yilr lage Barnagi. At about 5.45 in the morning hours, accused was...
Mohinder Singh Vs. Oriental Insurance Company and ors.
Court: Himachal Pradesh
Decided on: May-11-2005
Reported in: II(2006)ACC212,(2006)ILLJ563HP
Deepak Gupta, J.1. This appeal under Section 30 of the Workmen's Compensation Act, 1923 is directed against the award of the Commissioner under Workmen's Compensation Act, Chamba dated January 18, 1997 whereby he has awarded a sum of Rs. 24,000/- in favour of the claimant.2. Mr. Ankush Sood, learned counsel appearing on behalf of claimant submits that the procedure followed by the Commissioner is not at all warranted by law. The statements of the parties were not recorded and without recording any evidence the Commissioner has decided the case. According to the appellant the loss to the earning capacity is very high and he has not been given opportunity to prove the loss/disability suffered by him.3. A reading of the order sheet of the Commissioner, Workmen's Compensation makes rather interesting reading. It clearly indicates that the Officer in question had no idea whatsoever how judicial proceedings are to be conducted. Issues in the case were framed on September 11, 1996. There is n...
United India Insurance Co. Ltd. Vs. Seema Devi and ors.
Court: Himachal Pradesh
Decided on: May-10-2005
Reported in: IV(2005)ACC39,2006ACJ1357,[2006(108)FLR467]
Deepak Gupta, J.1. This appeal under Section 30 of the Workmen's Compensation Act (hereinafter referred to as 'the W.C. Act') is directed against the award passed by the Commissioner, Workmen's Compensation, Nahan, District Sirmour in Case No. 2 of 1996, decided on 30.8.1997.2. When this appeal was admitted on 27.4.1998 the substantial questions of law arising in the appeal were not framed in the appeal. Appellant insurance company has framed four substantial questions of law. In my view none of those questions of law are properly framed. The two questions of law which arise in this appeal are:(1) Whether the appellant has proved on record that the driving licence of deceased driver, Gurnam Singh, was a fake driving licence?(2) In case the first question is decided in favour of the insurance company, whether the dependants of a driver who holds a fake driving licence are entitled to get compensation under the W.C. Act? 3. The facts necessary for the decision of this case are that Gurna...
United India Insurance Co. Ltd. Vs. Kavita Chhabra and ors.
Court: Himachal Pradesh
Decided on: May-09-2005
Reported in: III(2005)ACC885,2006ACJ1484
Deepak Gupta, J.1. This appeal by the insurance company has been filed against the award of Motor Accidents Claims Tribunal, Shimla in M.A.C. Petition No. 54-S/2 of 1996 decided on 15.1.1997 whereby the claim petition filed by respondent Nos. 1 and 2 under Section 163-A of the Motor Vehicles Act (hereinafter referred to as 'the Act') has been allowed and compensation of Rs. 5,19,500 awarded in favour of the claimants.2. The facts necessary for decision of the case are that deceased Sanjay Kumar was the husband of Kavita Chhabra, respondent No. 1 and father of Master Mohit, respondent No. 2. His father, respondent No. 3 was the owner of a jeep bearing No. HP 06-0031. This jeep was insured with appellant insurance company. On 17.7.1994 Sanjay Kumar was driving the aforesaid jeep. It is alleged that suddenly stones fell from the hillside. As a result thereof, jeep went off the road and fell into Sutlej river. Sanjay Kumar died on the spot itself.3. The claimants-respondent Nos. 1 and 2 be...
State of H.P. and ors. Vs. Pankaj Sharma and ors.
Court: Himachal Pradesh
Decided on: May-06-2005
Reported in: AIR2006HP14
ORDERV.M. Jain, J.1. This revision petition has been filed by the defendants against the order dated 25-2-2005 passed by the learned trial Court vide which the defence of defendants 5 (a), 5(b), 5 (e) and 6 was struck off for the reason that written statement, was not filed within time.2. The facts, which are relevant for the decision of the present revision petition, are that Pankaj Sharma plaintiff had filed a suit for declaration and permanent prohibitory injunction etc. against defendant Nos. 1 to 6. The said suit was filed on 14-10-2004. Vide order dated 15-10-2004, notice in the said suit was ordered to be issued to the defendants for 4-11-2004. On 4-11-2004, the Assistant District Attorney had appeared on behalf of defendants 5 (a), 5(b) and 6 while the learned counsel had appeared on behalf of defendant 5 (c) and no one had appeared on behalf of defendant Nos. 1, 3 and 4 despite service and as such, they were proceeded against expert and the case was adjourned to 3-12-2004 for ...
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