Himachal Pradesh Court July 2005 Judgments
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New India Assurance Co. Ltd. Vs. Soma Devi and ors.
Court: Himachal Pradesh
Decided on: Jul-13-2005
Reported in: 2007ACJ1670
Deepak Gupta, J.1. By this judgment two cross-appeals, being F.A.O. (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 the 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 Section 170 of the Motor Vehicles Act. 1988.3. The claimants are the widow, three sons and mother of the deceased Chamel Singh. Chamel Singh was riding his motor cycle. This motor cycle was hit by tanker No. HP 24-5658, which was owned by Naresh Kumar & 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 P.G.I., Chandigarh. He succumbed to his injuries on 31.5.2003. The claimants, being the heirs and legal representatives of t...
Oriental Insurance Co. Ltd. Vs. Kamlo and ors.
Court: Himachal Pradesh
Decided on: Jul-13-2005
Reported in: IV(2005)ACC373,2007ACJ131
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 Parkash Chand was the owner of Maruti van No. HP 01-0231. He was travelling in the said van on 26.3.1995 when it met with an accident. Claimants, who are the widow and minor children of the deceased, filed a claim petition for grant of compensation under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') alleging that the accident in question had occurred due to rash and negligent driving by the driver of the van. Only the insurance company was made respondent in the case.3. The insurance company in its reply took up a specific plea that the insurance 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 was required to be covered under the provisions of the Act.4. Learned Tri...
Machinder Pal Vs. Bhagwati and ors.
Court: Himachal Pradesh
Decided on: Jul-11-2005
Reported in: AIR2006HP70
K.C. Sood, J.1. This appeal arises out of the judgment of learned Sub Judge 1st Class, Court No. 1, Una, dated January 29, 2001 as upheld by the learned Additional District . Judge, Una vide his judgment dated December 7, 2004. The plaintiff filed a suit for permanent injunction seeking to restrain the defendants from interfering or encroaching on any part of his land subject-matter of the dispute and further from carving any passage, cutting and removing the trees from the said land.2. The case of the plaintiff is that he is the owner in possession of the land in question but. the defendants being strong headed, threatened to encroach on the land and are bent upon to widen the path existing path encroaching on the land. The defendants resist the suit controverting the allegations. The ownership and possession of the plaintiff over the land in question is admitted, However, their case is that there are trees located on khasra numbers 106 and 107 which is a public passage under the cont...
Balbir Singh Vs. Nika Ram and ors.
Court: Himachal Pradesh
Decided on: Jul-08-2005
Reported in: (2006)IILLJ310HP
Arun Kumar Goel, J.1. Petitioner has challenged award dated May 13, 2004, passed by Presiding Judge, H.P. Industrial Tnbunal-cum-Labour Court, Shimla, in Case No. 39 of 1999. By means of impugned award, petitioner has been directed to pay the balance amount of wages amounting to Rs. 25,080/- with interest at the rate of 9% per annum, with costs assessed at Rs. 1,000/-. 2. Respondent No. 1 initiated Proceedings under Section 33-C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') against the petitioner. Case set up before the Labour Court was that he was engaged as a mason by the petitioner for placing chips, tiles and marble between October 21, 1997 to October 31, 1998 for 230 days. His daily wage was fixed at Rs. 160/- per day. Total wages for this period worked out was Rs. 36,800/-. A sum of Rs. 11,720/- was only paid, thus leaving the balance of Rs. 25,080/-. Since it was not paid, he filed the claim petition.3. This claim of respondent No. 1 was conteste...
New India Assurance Co. Ltd. Vs. Maya Devi and ors.
Court: Himachal Pradesh
Decided on: Jul-08-2005
Reported in: IV(2005)ACC566,2006ACJ2580
Surjit Singh, J.1. Both the present appeals have been filed against the order dated 30.12.1996 of Workmen's Compensation Commissioner (SDM), Solan District whereby on a petition filed by Maya Devi and others, dependants of late Prem Lal, a sum of Rs. 2,19,950 has been awarded on account of compensation and the money has been ordered to be paid with interest at the rate of 12 per cent per annum from the date of the compensation amount fell due to the date of the decision (the date of the order of Commissioner). Order of payment of penalty at the rate of 10 per cent, the amount of which has been worked out at Rs. 21,995 has also been passed. One appeal has been filed by the insurance company, i.e., F.A.O. (WCA) No. 73 of 1997 and the other by the insured and its number is F.A.O. (WCA) No. 150 of 1997.2. Facts relevant for the disposal of the two appeals may be noticed. Late Prem Lal, aged about 23 years was employed with R.R. Thakur, the appellant in F.A.O. (WCA) No. 150 of 1997 to drive...
New India Assurance Co. Ltd. Vs. Sher Singh and ors.
Court: Himachal Pradesh
Decided on: Jul-08-2005
Reported in: IV(2005)ACC720,2007ACJ1276
Surjit Singh, J.1. The only question raised in these three appeals filed by New India Assurance Co. Ltd. is whether the mere proof of the fact that person driving the motor vehicle at the time of occurrence of the accident resulting in death or injury to third party, would amount to breach of condition of the policy that the vehicle will not be driven by a person not holding a valid and effective driving licence and consequently the insurer will be absolved of the liability to pay any compensation to the third party.2. Tractor No. HP 33-348 was owned by Narain Singh, respondent No. 2. He had insured himself with the appellant against his liability for payment of compensation in the event of the death of or injury to third party, on account of the use of the said tractor. On 21.11.1993 around 8 p.m. when the said tractor was being driven at a place called Naitla on Diargi-Rajwari Road in Balh area of Mandi District, by Dhaneshwar, respondent No. 1, who is the son of Narain Singh, the re...
Himachal Pradesh State Electricity Board Vs. Dayal Singh
Court: Himachal Pradesh
Decided on: Jul-07-2005
Reported in: (2006)3LLJ94HP
ORDER1. Writ petitioner, Himachal Pradesh State Electricity Board is aggrieved by the order dated December 18, 1997, passed by the H.P. State Administrative Tribunal In O.A. No. 628 of 1996, whereby the prayer of respondent Dayal Singh for regularization of his services as Air Compressor Operator, from the date he became eligible for such regularization, in terms of the settlement arrived at in the Hon'ble Supreme Court, has been ordered. Therefore, the present writ petition, under Articles 226 and 227 of the Constitution of India, has been filed for the judicial review of the aforesaid order of the State Administrative Tribunal.2. Facts relevant for comprehending the controversy may be summed up thus: Respondent Dayal Singh was employed as Air Compressor Operator on daily wages basis in May, 1982 in Rongtong Construction Division of the petitioner. In the year 1987, when the project in connection with which the respondent was employed completed, he (the respondent) was shifted to Thir...
State of Himachal Pradesh and anr. Vs. Brij Lal and ors.
Court: Himachal Pradesh
Decided on: Jul-06-2005
Reported in: IV(2005)ACC383,2007ACJ392
Arun Kumar Goel, J.1. Admitted facts of this case are that Jagat Ram was working as a work charge beldar, employed by the appellants. He met with an accident due to flood from left bank of river Satluj on 17.8.2000 at 8 p.m. Factum of accident was reported by Assistant Engineer, B&R; Sub Division, HP PWD, Nirmand, District Kullu on 18.8.2000 to the Commissioner under Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act'). As a result of it Case No. WCA-3 of 2000 came to be registered before the Commissioner. Finally vide impugned award total compensation in the sum of Rs. 4,51,718 was assessed by the Commissioner below, payable by the appellants. This was inclusive of simple interest at the rate of 12 per cent. In case this amount was not deposited within two months of the impugned award, i.e., from 16.8.2001, 50 per cent penalty was also payable.2. When this case came up for consideration, the learned Advocate General urged that admittedly accident took place on 17.8....
Suneel Kumar Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Jul-04-2005
Reported in: 2006CriLJ1471
Surjit Singh, J.1. Appellant Suneel Kumar alias Sony has been tried, convicted and sentenced for an offence under Section 376 of the Indian Penal Code by the learned Additional Sessions Judge (I), Hamirpur vide judgment dated 27-9-2003, delivered in Sessions Case No. 20/2000 (RBT No. 6/2002). He is aggrieved by the said judgment and has, therefore, preferred this appeal.2. Prosecution's case as per record of the trial Court may be summed up thus. The prosecutrix, at the relevant time was a minor aged about eightyears, she is of low I.O. she resided with her mother and grand mother in a village falling within the jurisdiction of Police Station, Barsar of District Hamirpur. Her father was employed at some shop at Delhi. On 13-10-1999 her mother and grand-mother had gone to the fields for doing some agricultural work. Around 3.00 or 4.00 p.m. when her grand-mother returned, she saw the prosecutrix in the cattle shed adjacent to her house. The appellant, who was then aged about 19 years, w...
Oriental Insurance Co. Ltd. Vs. Smt. Lalita Sharma and ors.
Court: Himachal Pradesh
Decided on: Jul-01-2005
Reported in: II(2006)ACC125
Deepak Gupta, J.1. This appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against the Award of the Motor Accident Claims Tribunal, Solan, H.P. (hereinafter referred to as the Tribunal), passed in M.A.C. Petition No. 16-S/2 of 1996 decided on 2nd May, 1998.2. A young boy, Ashish Sharma, died in an accident which took place on 25th July, 1995 between a scooter and a truck near the Housing Board Colony, Kalka. A claim petitions was filed by the claimants Lalita Sharma and Hem Chand Sharma under Section 166 of the Motor Vehicles Act. In this claim petition it was alleged that they were the parents of the deceased. The owner and driver of the truck did not deny the accident. It was alleged that the accident had occurred due to the rash and negligent driving of the scooter driver on which the deceased was riding as a pillion rider. It was pleaded that the owner, driver and insurer of the scooter were necessary parties to the petition. The appellant Insurance Company in its...
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