Himachal Pradesh Court August 2005 Judgments
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New India Assurance Co. Ltd. Vs. Phulma and ors.
Court: Himachal Pradesh
Decided on: Aug-30-2005
Reported in: II(2006)ACC686,2006ACJ2537
V.M. Jain, J.1. This appeal has been filed by New India Assurance Co. Ltd. against order dated 15.12.1993 passed by the Commissioner under the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') vide which a sum of Rs. 76,000 was awarded to the claimants besides interest and penalty.2. The facts, which are relevant for the decision of the present appeal, are that the claimants Phulma, etc., had filed a petition before the Commissioner under the Act for the grant of compensation to the extent of Rs. 3,00,000 against Bhagat Ram (owner) and New India Assurance Co. Ltd., insurer of the vehicle involved in the accident resulting in the death of Balak Ram deceased. It was alleged in the petition that the accident in question had taken place on 8.8.1986 and that Balak Ram deceased was employed as a driver in the truck owned by Bhagat Ram and he was drawing a salary of Rs. 2,100 per month and was aged 36 years at the time of accident and that as a result of the said acciden...
Arkash Kumar Vs. Punjab Roadways and anr.
Court: Himachal Pradesh
Decided on: Aug-24-2005
Reported in: IV(2005)ACC700,2007ACJ151,2006(1)ShimLC35
Deepak Gupta, J.1. This appeal for enhancement of compensation has been filed by the claimant under Section 173 of the Motor Vehicles Act against the award dated 23.8.1997 passed in M.A.C. Petition No. 13-S/ 2 of 1996 by the Motor Accident Claims Tribunal, Solan, H.R (hereinafter referred to as the Tribunal).2. The facts necessary for decision of this case are that the claimant was travelling on his scooter No. HP-14-3131 on 21.11.1995. He was employed as cashier in State Bunk of Patiala and posted at Kandaghat. When he was going to Kandaghat at about 9.30 a.m. Bus No. PB-12B-9501 driven by Rajinder Singh and owned by Punjab Roadways came from the other side. The said bus was being driven in a rash and negligent manner and there was a collision between the bus and the scooter. As a result of the accident the claimant suffered serious injuries to his right leg. He was taken to the District Hospital, Solan from where he was referred to PGI Chandigarh. The claimant remained admitted in PG...
Smt. Bachni Devi Vs. Smt. Jeeto and anr.
Court: Himachal Pradesh
Decided on: Aug-24-2005
Reported in: 2006(1)ShimLC435
V.M. Jain, J.1. This Regular Second Appeal has been filed by Smt. Bachni Devi, plaintiff against the judgments and decrees of the Courts below whereby the suit filed by her was dismissed by the Trial Court and the appeal filed by her was also dismissed by the learned Additional District Judge.2. Smt. Bachni Devi, plaintiff had filed a suit for declaration to the effect that the suit property was owned and possessed by her, being granddaughter of Thainu and that defendant No. 1 Smt. Jeeto had no right, title or interest therein and the revenue entries showing her as legal heir of Thainu, being widow of Barkat were illegal and void and were not binding on the rights of the plaintiff, inasmuch as defendant No. 1 Smt. Jeeto was not the legal heir of Thainu. It was further alleged that the gift deed dated 9.2.1989 executed by defendant No. 1 in favour of defendant No. 2 in respect of a part of the suit land was illegal and void and not binding on the rights of the plaintiff. By way of conse...
Ramesh Chand Goyal and anr. Vs. Himalaya Communications Ltd. and ors.
Court: Himachal Pradesh
Decided on: Aug-23-2005
Reported in: [2006]129CompCas297(HP),2006(1)ShimLC10
Deepak Gupta, J.1. M/s. Himalaya Communications Ltd. is a company duly incorporated under the Indian Companies Act, 1956, having its registered office at Village Katha, Baddi, District Solan, H.P. The original promoters of the company were Mr. Ramesh Chand Goyal and Smt. Manorama Goyal (hereinafter referred to as the 'Goyal group') and M/s. Satish Chand Jain, Darpan Jain and Smt. Meenu Jain (hereinafter referred to as the 'Jain group'). The company was incorporated in the year 2000.2. The undisputed facts are that differences arose between the two groups with regard to the control and management of the company. According to the Goyal group the Jain group on May 6, 2002, forcibly took over the physical control and possession of the company. Thereafter, the Jain group filed a company petition under Sections 397 and 398 of the Companies Act, 1956, before the Company Law Board (hereinafter referred to as the 'Board') in May, 2002. Since the parties were closely related efforts were made to...
Himanshu Vs. Bishan Dutt and ors.
Court: Himachal Pradesh
Decided on: Aug-23-2005
Reported in: 2006(1)ShimLC25
V.K. Gupta, C.J.1. This Revision petition is directed against the order dated 1st April, 2004 passed by the learned District Judge, Solan, in C.M.A. No. 96 of 2004. Vide the impugned order, the learned District Judge while allowing the application filed by respondent No. 1 herein Bishan Dutt, permitted him to lead additional evidence before the lower Court in terms of Clause (a), Sub-rule (1), Rule 27 of Order 47 C.P.C.2. This case was being heard by a Single Bench of this Court in normal course on 9th August, 2005 and it was in the course of the hearing of this petition by a Single Bench that a point of law was canvassed by Mr. G.D. Verma, learned Senior Advocate appearing for the petitioner that while exercising jurisdiction under Order 41 Rule 27 C.P.C. with respect to the prayer of a party for leading additional evidence, it was not open to the appellate Court to consider the application/prayer for leading additional evidence at any stage of the appeal prior to the stage of final h...
Binu Ram Vs. Oriental Insurance Company and ors.
Court: Himachal Pradesh
Decided on: Aug-22-2005
Reported in: II(2006)ACC806
Deepak Gupta, J.1. This appeal by the claimant under Section 173 of the Motor Vehicles Act, is directed against the award of the Motor Accident Claims Tribunal (II), Mandi in Claim Petition No. 76 of 2001 decided on 27.11.2003.2. The facts necessary for disposal of the case are that admittedly the claimant Binu Ram met with an accident involving Car No. DAV-125 on 2.5.1999. The finding on the issue of negligence has not been challenged before me. The only questions to be decided are with regard to the quantum of compensation and the liability of the Insurance Company, if any, to pay the compensation.3. In the claim petition it was urged that Binu Ram prior to the accident was working as coolie. After the accident, the claimant had received extensive treatment at Karsog and IGMC, Shimla. It was also stated that after the accident he cannot work as coolie and he is unable to earn any amount whatsoever.4. The owner did not deny the accident, though negligence on the part of the driver was...
Shiv Lal Vs. Kanhu Ram and ors.
Court: Himachal Pradesh
Decided on: Aug-22-2005
Reported in: 2006ACJ2465
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 (II), Mandi (hereinafter referred to as 'the Tribunal'), in M.A.C. Petition No. 26 of 1993-18 of 1994; decided on 27.2.1999.2. The facts necessary for the decision of this case are that claimants are the sons of one Reshmu. On 12.11.1992, Reshmu along with her sister were coming from the house of their brother to village Nagwahan. It is alleged that they were walking on the left side of the highway and when they reached village Kanaid and when Reshmu was crossing the National Highway, tractor No. HP-28 0332, being driven in a rash and negligent manner, came from Sundernagar towards Kanaid, hit Reshmu resulting in her death. In of the original claim petition, it was alleged that Shiv Lal was the owner of the tractor and that Amar Singh had been impleaded since he was shown to be the owner in the registration certificate, Shiv Lal, respondent No....
Maya Lamini and ors. Vs. Nawal Thakur and ors.
Court: Himachal Pradesh
Decided on: Aug-22-2005
Reported in: III(2006)ACC662
Deepak Gupta, J.1. By this judgment two appeals being F.A.O. Nos. 232 and 235 of 2000 are being disposed of as they arise out of the same accident and similar awards.The facts necessary for disposal of the present case are that Maya Lamini and others claiming themselves to be the widow and children of deceased Sonam Lama filed a petition under Section 166 of the Motor Vehicles Act, 1988. In this petition it was alleged that deceased Sonam Lama had hired a tractor No. HP-43-0888 for carriage of stones from Thirot to Udaypur. It was further alleged that about 8.30 a.m. when the tractor reached Bhimu Bridge the deceased got down from the tractor to answer the call of nature. In the meantime the driver of the tractor started the tractor in an excessive speed and the tractor overturned on the deceased and one other person and the tractor as well as these two persons fell into the river Chanderbhaga. Similarly in the other case Parmol, widow and the children of deceased Vijay Ram filed a cla...
Shiv Lal Vs. Kahnu Ram and ors.
Court: Himachal Pradesh
Decided on: Aug-22-2005
Reported in: II(2007)ACC868
Deepak Gupta, J.1. This appeal under Section 173 of the Motor Vehicles Act is directed against the award of the Motor Accident Claims Tribunal (II), Mandi (hereinafter referred to as 'the Tribunal'), in M.A.C. Petition No. 26 of 1993-18 of 1994: decided on 27.2.1999.2. The facts necessary for the decision of this case are that claimants are the sons of one Reshmu. On 12.11.1992, Reshmu along with her sister were coming from the house of their brother to village Nagawahan. It is alleged that they were walking on the left side of the highway and when they reached village Kanaid and when Reshmu was crossing the National Highway, tractor No. HP-28 0332, being driven in a rash and negligent manner, came from Sundernagar towards Kanaid, hit Reshmu resulting in her death. In the original claim petition, it was alleged that Shiv Lal was the owner of the tractor and that Amar Singh had been impleaded since he was shown to be the owner in the registration certificate. Shiv Lal, respondent No.!, ...
Citizen Rights Protection Forum Vs. Union of India (Uoi) and ors.
Court: Himachal Pradesh
Decided on: Aug-18-2005
Reported in: 2006(1)ShimLC60
ORDERThe Governor, Himachal Pradesh has been pleased to accord sanction to the creation of 7 posts of Chief Parliamentary Secretaries and to the appointment thereto of S/Shri/Smt. Thakur Singh Bharmouri, Anita Verma, Dr. Prem Singh, Tek Chand, Harsh Wardhan Chauhan, Lajja Ram and Harbhajan Singh Bhajji with effect from the forenoon of 18th April, 2005 on the following terms and conditions:(i) He/She shall draw salary Rs. 11,000/-, Compensatory allowance Rs. 5,000/- per month with effect from the forenoon of 18th April, 2005 and an allowance for each day during the whole of his term at the same rates as are specified in Clause (ii) of Sub-section (1) of Section 4 of the Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Act, 1971 with respect to Members of the State Legislative Assembly. Pie/She shall not be entitled to draw salary and compensatory allowance as a Member of the Legislative Assembly.(ii) He/She shall be entitled to the use of a Motor Car, the expens...
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