Himachal Pradesh Court August 2005 Judgments
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National Insurance Co. Vs. Amar Chand and ors.
Court: Himachal Pradesh
Decided on: Aug-18-2005
Reported in: IV(2005)ACC674,2006ACJ1831,AIR2006HP49
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 (1), Sirmour District at Nahan (hereafter referred to as 'the Tribunal), in MAC Petition No. 07-N/2 of 1997, decided on 27-4-1998. The Cross-Objections filed by the claimant are also being disposed of along with this appeal.2. The facts necessary for the decision of the case are that an ambulance bearing Registration No. HP-17-0871 was owned by respondent No.3, M/s. Ranbaxy Laboratories. On 25-9-1996, the said van was being driven by Kishan Chand, respondent No. 2. There was an accident between this ambulance and one scooter, as a result of which claimant Amar Chand suffered injuries and both bones of his left leg were fractured. The claimant filed a claim petition, which was contested by the owner, driver and Insurance Company. One of the defences raised by the Insurance Company was that the driver Kishan Chand did not. have a valid driving li...
Oriental Insurance Company Ltd. Vs. Smt. Sumati Devi and ors.
Court: Himachal Pradesh
Decided on: Aug-18-2005
Reported in: III(2006)ACC254,2006(3)ShimLC214
Deepak Gupta, J.1. This appeal under Section 30 of the Workmen's Compensation Act, 1923 (hereafter referred to as 'the Act') by the Insurance Company is directed against the order of the Commissioner, Workmen's Compensation (SDM), Solan, in case No. 32/WC of 1996, decided on 13.10.1998.2. The facts necessary for decision of this case are that, admittedly, deceased Mohinder Lal was employed as driver with M/s. Amar Flour Mills, Parwanoo. On 9.6.1996, he was deployed on duty with truck No. HP-15-1227. He was proceeding from Parwanoo to Solan with the said truck belonging to his employer. He took his meals at Sanwara and stayed for the night at Sanwara. At 4 a.m. when he started the truck for onward journey to Solan, a tanker bearing registration No. HPA-1470 came from the opposite side and hit the deceased who sustained multiple injuries and died on the spot.3. The claimants filed a petition claiming compensation under the Workmen's Compensation Act. The respondent-employer admitted the ...
Smt. Dashoda Devi and ors. Vs. State of H.P. and anr.
Court: Himachal Pradesh
Decided on: Aug-17-2005
Reported in: IV(2005)ACC744,[2006(110)FLR728],2006(1)ShimLC8
V.M. Jain, J.1. This appeal has been filed against the order dated 2.3.2004 passed by the Commissioner under the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') vide which compensation was awarded to the claimants without awarding any interest thereon to them.2. The facts which are necessary for the decision of the present appeal, are that the claimants had filed a petition under the provisions of the Act for the grant of compensation for the death of Jagan Nath deceased while under the employment of the respondents. The case was contested by the respondents. After hearing both sides, the Commissioner under the Act found that Jagan Nath deceased was an employee of the respondents duly covered as Workmen under the aforesaid Act and that he died while discharging his dues and the applicants who were dependent on the deceased are entitled to compensation. It also found that the deceased was aged 31 years at the time of his death and was getting Rs. 1,650/ - per mon...
Renu Bala Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Aug-16-2005
Reported in: 2006(1)ShimLC21
Arun Kumar Goel, J.1. Petitioner is aggrieved from the order dated 13.10.2004, passed in Original Application (OA) No. 3567 of 2003. By means of impugned order appointment of the petitioner as Primary Assistant Teacher, in Government Primary School, Parwadi under Gram Panchayat Shilly, Banjar, District Kullu, was quashed and set aside.Petitioner was arrayed as respondent No. 6 in this OA and order impugned before the Tribunal was Annexure A-6.2. Facts set out by respondent No. 6 before the Tribunal were, that petitioner was not a resident of the Gram Panchayat where the school in question was situate and thus her selection was contrary to the Scheme for recruiting such teachers formulated by the State of H.P. Further case set out by respondent No. 6 was that petitioner is residing with her father at Kalka, where he was a registered voter and was having his ration card also. On these grounds, she had challenged the petitioner's selection.3. When official respondents were put to notice d...
Smt. Prem Lata Sood and ors. Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Aug-16-2005
Reported in: 2006(1)ShimLC100
ORDER'ToSh. Parikshat Mehdudia & others,Talbot Cottage, Asha Deep,The Mall, Shimla-171001 (HP)Subject: Application for permission for development.Reference: Your application No. NIL Dated 27.6.1994.You are hereby granted permission under Sub-section (1) of Section 31 of the H.P. Town & Country Planning Department work as mentioned in your application under reference subject to the following conditions namely:1. Building permission shall be obtained from the local authority concerned before the commencement of the development.2. Building operation shall be carried out strictly in accordance with the approved building plan.3. Front set back should be 3.00 mtr., side set back 2.50 mtr. each and rear set back 2.00 mtr. respectively. Set back shall be as per approved plan.4. Open column above natural ground level should not exceed 2 mtr. in any case,5. No projection is allowed within the prescribed set backs.6. You shall have essentially to engage a Registered Graduate Engineer for the stru...
New India Assurance Co. Vs. Smt. Savitri and ors.
Court: Himachal Pradesh
Decided on: Aug-12-2005
Reported in: IV(2005)ACC755,2006(1)ShimLC31
Surjit Singh, J.1. Appellant, New India Assurance Company is aggrieved by the award dated 27.12.1997 of the Motor Accident Claims Tribunal, Shimla, whereby, it (the appellant) has been ordered to pay the amount of compensation awarded in favour of respondent No. 1, in its capacity as insurer of the vehicle.2. A Marutivan, registered as taxi, was owned by respondent Kamlesh Kumar. He had insured himself for third party risk due to use of the vehicle with the appellant. The van met with an accident on 9.7.1994, in which one Hirdu Ram died. His parents, i.e. respondent Smt. Savitri (the mother) and late Atma Ram (the father) filed a petition, under Section 166 of the Motor Vehicles Act, for award of the compensation. It was alleged that the accident had taken place due to the rash or negligent driving of the van by its driver, namely respondent Sanjay Kumar. The owner and the driver of the vehicle denied that the cause of the accident was rash or negligent driving of the vehicle. The pres...
State of H.P. Vs. Baldev Bhandari and ors.
Court: Himachal Pradesh
Decided on: Aug-10-2005
Reported in: 2006(1)ShimLC33
K.C. Sood, J.1. This petition for leave to appeal is directed against the judgment of acquittal recorded by the learned Special Judge, Sirrnaur at Nahan, on 30th March, 2005.2. It appears, the respondents herein, thirteen in number, were prosecuted for offences punishable under Sections 147, 149, 323, 325, 342, 506 of the Indian Penal Code and Section 3(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ('Atrocities Act' for short).The prosecution case was :3. On May 6, 2003 at about 7.00 in the evening Parmod Kumar (PW-1), a 'Koli' by caste, was working in a shop. He noticed that three of the respondents Madan Bhandari, Kamlender Bhandari and Prashant Bhandari were giving beatings to Lekh Raj (PW-7). Baldev Bhandari also appeared there. They were accompanied by another 25 persons. All of them gave beatings to Lekh Raj and dragged him to the house of Devender Bhandari. Lekh Raj bled profusely. Lateron Mohan Bhandari and Madan Bhandari came to the s...
National Insurance Co. Ltd. Vs. Satya Devi and ors.
Court: Himachal Pradesh
Decided on: Aug-10-2005
Reported in: III(2006)ACC831
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, Bilaspur, in M.A.C. Case No. 33 of 1995, decided on 6th October, 1999.2. The facts necessary for the decision of the case are that the claimants, who are the widow and children of Shiv Ram, filed a petition under Section 166 of the Motor Vehicles Act claiming that deceased Shiv Ram was travelling on a tractor owned by Devi Ram. Initially the plea taken was that the said tractor was being driven by one Suman Kumar. However, Devi Ram in his reply admitted the fact that he was the owner of the tractor and also stated that he in fact was drivingthe tractor at the time of the accident.3. It appears that later it transpired that the tractor was previously owned by S/Shri Suraj Mal, Suraj Karan and Ram Karan, sons of Sunda Jat (respondent Nos. 8 to 10) and the R.C. continued to be in their name. An application was moved to implead them as parties. How...
Deepak Kaushal Vs. H.P. University and anr.
Court: Himachal Pradesh
Decided on: Aug-10-2005
Reported in: 2006(1)ShimLC55
K.C. Sood, J.1. Petitioner Deepak Kaushal sought and was granted admission in Three Years Degree Course in Physical Education, for a Bachelor's Degree in Physical Education ('BPE' for short) by the Himachal College for Physical Education, Shogi, Shimla. He deposited his fees with the College-respondent No. 2 for the first year of the Course and attended classes. The College sent enrolment form of the petitioner along with other candidates to the H.P. University-respondent No. l for approval. The form of the petitioner was returned back with the following observations :Returned with the remarks that the above candidate has passed Prabhakar only and not 10+2 exam. As such this form is required to be routed through Academic Branch of the H.P. University to confirm whether Prabhakar is equivalent to 10+2 or not.2. The Principal of the College sent detailed comments about the eligibility of the Petitioner for admission to BPE Course. The respondent University on March 29, 2005 informed the ...
Kalyan Singh and ors. Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Aug-09-2005
Reported in: 2006(1)ShimLC41
K.C. Sood, J.1. The question which calls for our answer, in this writ petition, is whether a lease granted by the Government for the extraction of mineral, lime stone in this case, from the Government land, the ownership of which land changed during the period of lease to private persons, can be extended, after the expiry of the lease under the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 read with Mineral Concession Rules, 1960.Undisputed facts.2. The Petitioners are the residents of village Shiva Rudana in Tehsil Paonta Sahib of District Sirmaur. They are joint owners of the common/shamlat land which measures 2123 bighas 15 biswas situate in Shiva Rudana Estate. In fact the villagers of village Shiva Rudana are admittedly proprietors of the shamlat land. The land owners of the estate pay land revenue for the shamlat Village Common Land to the State Government. This Shamlat land has not been partitioned amongst its various co-owners. There are rich depos...
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