Himachal Pradesh Court July 2005 Judgments
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State of H.P. Vs. Tek Chand and anr.
Court: Himachal Pradesh
Decided on: Jul-29-2005
Reported in: 2006CriLJ1893
Surjit Singh, J.1. This appeal by the State of Himachal Pradesh is directed against the judgment of a Judicial Magistrate whereby respondents Tek Chand and Khimu, who were sent up for trial for offences under Sections 323, 325, 341, 506 read with Section 34 of the Indian Penal Code, have been acquitted.2. A report under Section 173 of the Code of criminal Procedure Along with the relevant papers was filed in the Court of Judicial Magistrate, wherein it was Alleged that on 8-7-1996 around 8.30 p.m., the two respondents gave beating, by means of Dandas, to one Nagina Ram, when he was returning to his village from Hamirpur. When said Nagina Ram raised Alarm, two persons Thakru and Bashakhu came to his rescue. The respondents then ran away from the spot. The matter was reported to the police, the next following morning. Said Nagina Ram was got Medically examined and it was found that he had sustained five injuries, two of which were grievous in nature.3. Respondents were charged with the o...
Gita Devi Vs. Himachal Road Transport Corporation and ors.
Court: Himachal Pradesh
Decided on: Jul-29-2005
Reported in: IV(2005)ACC709,2007ACJ1061
Deepak Gupta, J. 1. The appellant, Gita Devi, was a minor aged about 10 years at the time when the accident took place on 4.12.1994. She, at the relevant time, was a student of class III. On the said date at about 12 noon, she was walking on the side of the road to her house when bus No. HP 37-0439, belonging to H.R.T.C. hit her. This resulted in serious injuries to her and her right foot was crushed. Dr. Harish Behl, who was examined as PW 4, has stated that the right lower limb of the claimant was amputated below knee and her disability was assessed at 60 per cent as per disability certificate, Exh. PW 4/A.2. The claimant, being a minor, filed a claim petition under Section 166 of Motor. Vehicles Act before the Motor Accidents Claims Tribunal (II), Mandi (hereafter referred to as 'the Tribunal'), through her father and natural guardian. She has now attained the age of majority and is prosecuting the appeal in her own capacity.3. The case was contested. The Tribunal after holding that...
New India Assurance Co. Ltd. Vs. Jagdish Ram and anr.
Court: Himachal Pradesh
Decided on: Jul-26-2005
Reported in: IV(2005)ACC726,2007ACJ806
Surjit Singh, J.1. Appellant New India Assurance Co. Ltd. is aggrieved by the judgment dated 31.3.1997 of the Commissioner for Workmen's Compensation, Kandaghat whereby a sum of Rs. 94,780 on account of compensation, another sum of Rs. 47,360 on account of penalty and Rs. 5,680 on account of interest have been ordered to be paid by the appellant to respondent Jagdish Ram, hereinafter called 'the claimant'.2. Respondent-claimant Jagdish Ram was employed as driver by the respondent Joginder Singh to drive his truck No. HP 07-1529. The truck was insured with the appellant for covering risk of the driver and other employees. The truck met with an accident on 20.4.1994, when it was being driven by claimant Jagdish Ram. He sustained injuries including fracture of a leg resulting in permanent disability to the extent of 30 per cent. No compensation was paid to the claimant by the insured or the insurer within one month time prescribed under the Workmen's Compensation Act. The claimant then fi...
Gulel Ram and anr. Vs. State Bank of India and ors.
Court: Himachal Pradesh
Decided on: Jul-25-2005
Reported in: [2006(108)FLR462],(2006)IILLJ38HP
Lokeshwar Singh Panta, J.1. In both these writ petitions common questions of facts and law are involved, they are decided by this single judgment. Both the petitioners have filed these writ petitions for the grant of pension the period during which they have served in the service of State Bank of India (for short 'SBI') respondent.CWP No. 525 of 2000Gulel Ram petitioner joined Army service on September 27, 1953. He was discharged as Naib-Subedar on September 27, 1974. The petitioner was re-employed by respondent-SBI on June 27, 1984 as Guard and was confirmed as such on December 27, 1984 . He attained superannuation age of 58 years in March 1994 but was given extension of two years. He retired from the service of respondent-SBI on March 31, 1996. According to the petitioner, he had served in the service of SBI as Guard from June 27, 1984 to March 31, 1996, but the respondent-SBI has not granted him pension from the date of his re-employment till he was in its service on the ground that...
Vijay Kumar Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Jul-22-2005
Reported in: 2006CriLJ112
Surjit Singh, J.1. Appellant-Vijay Kumar alias Viju has been convicted of offences, punishable under Sections 452, 376 and 506 of the Indian Penal Code and sentenced to undergo seven years' rigorous imprisonment and to pay fine of Rs. 5,000/- for the offence under Section 376 of the Indian Penal Code, to undergo rigorous imprisonment for two years and to pay fine of Rs. 3000/- in respect of the offence, under Section 452 of the Indian Penal Code and to undergo rigorous imprisonment for three years and to pay fine of Rs. 3000/- in respect of the offence under Section 506 of the Indian Penal Code, by the trial Court. He is aggrieved by his conviction and sentence. So he has preferred this appeal.2. First, the prosecution case may be summed up. In a village in the District of Hamirpur there lives a married woman 'N'. Her husband is employed at Delhi. She has two children, the eldest being a son aged 6 years. On the night intervening 2nd and 3rd of November, 2002, she was asleep in her hou...
Sheela Kaundal Vs. Dhani Ram and ors.
Court: Himachal Pradesh
Decided on: Jul-22-2005
Reported in: II(2006)ACC90,2007ACJ956
Deepak Gupta, J.1. This appeal under Section 173 of Motor Vehicles Act, 1988 has been filed by the claimant for enhancement of compensation.2. The facts necessary for decision of the case are that claimant Sheela Kaundal was travelling in truck No. HP 07-2947. The truck went off the road which resulted in serious injuries to the claimant who filed a petition for grant of compensation under Section 166 of the Motor Vehicles Act. The owner and the insured took up various defences which need not bother this Court since neither the owner nor the insurance company has challenged the award. The Tribunal has held the driver negligent in driving the vehicle and the claimant was held entitled to a total compensation of Rs. 40,000.3. Mr. Manoj Thakur, Advocate, appearing for the claimant has submitted that the award of the Tribunal is extremely low. According to him, the award is not at all in consonance with the well settled principles for assessment of compensation in motor accident claim case...
Sukhdev Anand Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Jul-18-2005
Reported in: 2006CriLJ98
Arun Kumar Goel, J. 1. This appeal is directed against the judgment dated 29th July, 2002, given by learned Sessions Judge, Solan, in Sessions Trial No. 2-S/7 of 2002, whereby appellant after he held guilty, has been convicted to undergo following sentence :-------------------------------------------------------------------Sr.No. Offence Sentence imposed-------------------------------------------------------------------1. Under Section 376, IPC. Ten years' Rigorous imprisonment and fine of Rs. 20,000/- (Rs. twenty thousand only). In default of payment of fine the convict shall further undergo rigorous imprisonment of one year.2. Under Section 506, IPC. Rigorous imprisonment of two years and fine of Rs. 5,000/- (Rs. Five thousands only). In default of payment of fine the convict shall further undergo rigorous imprisonment of six months.---------------------------------------------------------------------2. Shri Thakur, learned Counsel for the appellant raised following contentions i...
National Insurance Co. Ltd. Vs. Shakuntla Devi and ors.
Court: Himachal Pradesh
Decided on: Jul-18-2005
Reported in: IV(2005)ACC688,III(2006)ACC395,2006ACJ2732
Deepak Gupta, J.1. By this judgment two appeals, being F.A.O. (MVA) Nos. 237 of 1999 and 148 of 2000, are being disposed of, as they arise out of the same accident and similar points are involved in these appeals.2. In F.A.O. No. 237 of 1999, deceased was one Gopal Singh Negi. He was travelling in truck No. HIA 8266. The claim set up in the claim petition is that the deceased had paid fare for travelling in the truck. Driver did not file any reply. The owner in his reply took up the stand that he was not aware as to in what capacity the deceased was travelling in the vehicle. It was further stated that the deceased was not travelling with the consent of the owner. The insurance company took up the plea that the deceased was an unauthorised passenger in a goods vehicle and, as such, it was not liable to pay compensation.3. In F.A.O. No. 148 of 2000, the facts are that the deceased was employed as chowkidar with Himachal Pradesh State Forest Corporation. He was posted at the depot of For...
New India Assurance Co. Ltd. Vs. Kashmiri Devi and ors.
Court: Himachal Pradesh
Decided on: Jul-15-2005
Reported in: IV(2005)ACC363,2006ACJ1810
Surjit Singh, J.1. A common question of law having been raised in all these appeals and the persons for whose death the compensation was claimed in the petitions, out of which these appeals have arisen, having died in the same accident, all these appeals are being disposed of by a common judgment, i.e., the one in hand.2. The facts common to all the appeals are that the marriage of a son of a man, named, Gajan Ram, resident of Leghri, Tehsil Ghumarwin, District Bilaspur, had taken place on 12.11.1992. He engaged truck No. HP-23 0511 owned by respondent Shamsher Singh for carrying barat. The truck, while returning to the place of said Gajan Ram, after the marriage, met with an accident. The baratis (members of the marriage party) were on board the truck at that time. Seven persons died in that accident and thirty-seven were injured. The dead included the driver of the truck Baldev Dass. Petitions for claiming compensation for the death of six passengers were filed with M.A.C.T., Bilaspu...
New India Assurance Company Ltd. Vs. Soma Devi and ors.
Court: Himachal Pradesh
Decided on: Jul-13-2005
Reported in: IV(2005)ACC582
Deepak Gupta, J.1. By this judgment two cross-appeals, being FAOs (MVA) Nos. 134 and 160 of 2005, are being disposed of.2. The only question involved in these appeals is with regard to the amount of compensation payable to the claimants, hence reference is being made only to that portion of the pleadings and evidence which are relevant for the decision of this issue. The Insurance Company was permitted by the Tribunal to contest the petition on all grounds under Sections 170 of the Motor Vehicles Act, 1988.3. The claimants are the widow, three sons and mother of deceased Chamel Singh. Chamel Singh was riding his motorcycle. This motorcycle was hit by Tanker No. HP-24-5658, which was owned by M/s Naresh Kumar and Co. and was driven by Nand Lal. Chamel Singh sustained serious head injuries. He was taken to the Hospital at Bilaspur from where he was referred to PCI, Chandigarh. He succumbed to his injuries on 31.5.2003. The claimants, being the heirs and legal representatives of the decea...
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