Himachal Pradesh Court September 2005 Judgments
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New India Assurance Co. Ltd. Vs. Sheela Devi and anr.
Court: Himachal Pradesh
Decided on: Sep-13-2005
Reported in: 2007ACJ484
Surjit Singh, J.1. In all these ten appeals a common question, viz., whether the risk of the persons, who die or sustain injuries in the accident of a goods vehicle, is not covered by the insurance policy and hence, the appellant (insurer) is not liable to pay the compensation, had been raised.2. Truck No. HP 49-0065, owned by respondent Sanjay Kumar, was insured with the appellant. On 21.4.1994 the said truck was carrying some passengers from Manikaran to Bhunter. It met with an accident, as a result of which some persons on board the truck as passengers, died and some other sustained injuries. The claim petitions were filed, under Section 166 of the Motor Vehicles Act, seeking award of compensation. The appellant, who was impleaded as respondent on account of its being the insurer of the truck, took the plea that the persons who died or sustain injuries were unauthorised passengers and their risk was not covered by the policy. Therefore, the liability for payment of compensation was ...
New India Assurance Co. Ltd. Vs. Veena Devi and ors.
Court: Himachal Pradesh
Decided on: Sep-13-2005
Reported in: III(2006)ACC217,2007ACJ460
Surjit Singh, J.1. Appellant New India Assurance Co. Ltd. is aggrieved by the award dated 14.9.1998 of Motor Accidents Claims Tribunal, Rampur Bushahr, whereby liability for payment of compensation awarded to respondents Veena Devi and others, the dependants of deceased Devku Devi, who died in an accident of a truck, has been imposed upon it (the appellant) on account of its being the insurer.2. Appellant's plea is that the deceased was a gratuitous passenger on board the truck and this fact is borne out from the evidence and the pleadings and, therefore, the liability could not have been imposed upon it.3. I have heard the learned counsel for the parties and perused the record.4. The learned Tribunal has rejected the plea of the appellant for two reasons. First the deceased, even if a gratuitous passenger, was a third party and hence her risk was covered by the policy. Reliance was placed by the learned Tribunal on a Full Bench decision of Gauhati High Court in New India Assurance Co....
New India Assurance Co. Ltd. Vs. Lachhmi Devi and anr.
Court: Himachal Pradesh
Decided on: Sep-09-2005
Reported in: 2006ACJ2080
Deepak Gupta, J.1. This appeal by the insurance company is directed against the award of the learned Motor Accidents Claims Tribunal, Una in M.A.C. Case No. 37 of 1997; decided on 30.5.2000.2. The facts necessary for the decision of the case are that deceased Chhaju Ram was a truck operator and businessman. He was a partner of firm Sita Ram Chhaju Ram. Sita Ram is the father of Chhaju Ram. Deceased Chhaju Ram along with Satish Kumar and Rajinder Kumar was traveling in a truck bearing registration No. HP-40 2311 which met with an accident. The truck went off the road. Chhaju Ram died on the spot. Lachhmi Devi, mother of Chhaju Ram and wife of Sita Ram and Bhagwati Devi, widow of Chhaju Ram filed a claim petition in which Sita Ram Chhaju Ram was impleaded as the respondent No. 1. Sita Ram was shown to be the owner of Sita Ram Chhaju Ram. The appellant, insurance company, was impleaded as respondent No. 2.3. This claim petition was contested by the insurance company. A specific defence wa...
New India Assurance Company Vs. Smt. Kanku and ors.
Court: Himachal Pradesh
Decided on: Sep-08-2005
Reported in: III(2006)ACC340
Surjit Singh, J.1. The only question raised in these four appeals is whether the Insurance Company is not liable to pay the compensation on account of the alleged breach of condition regarding the person entitled to drive the vehicle.2. Facts, relevant for the disposal of the appeals, may be noticed. Accident of truck No. HIS-5255 took place on 1.3.1993 in which three persons died and one person sustained injuries. The dependents of the three deceased persons and the injured filed separate petitions, under Section 166 of the Motor Vehicles Act, seeking award of compensation. The Motor Accident Claims Tribunal consolidated all the four petitions and decided the same vide award dated 15.3.1995. The appellant, with whom the truck, in question, was insured, had taken the plea that respondent Liaquat Ali, who was alleged to have been driving the truck at the relevant time, did not possess a valid and effective driving licence. The Tribunal rejected the said plea and ordered the insurer to p...
Sona Spicy Foods Tech. Ltd. Vs. Special Spices Industries and anr.
Court: Himachal Pradesh
Decided on: Sep-07-2005
Reported in: AIR2006HP42,2005(31)PTC529(NULL)
V.M. Jain, J.1. This appeal has been filed by the appellant against the judgment and decree dated 29.12.2004 passed by the Additional District Judge, Fast Track Court, Solan, vide which the suit filed by the plaintiff Respondent No. 1 was decreed.2. It is not necessary to give the facts of the case in detail as in my opinion, the judgment and decree passed by the trial Court are liable to be set aside on the short ground that the defendant-appellant was not given sufficient opportunity to produce evidence in its defence.3. The plaintiff-respondent had filed the suit for infringement of copyright, passing off and rendition of accounts on 19.10.2001. The suit was contested by the defendants by filing written statement dated 10.1.2002. Replication dated 9.4.2002 was filed on behalf of the plaintiff. On the same day i.e. 9.4.2002 issues were framed in this case. Thereafter, the case was fixed for plaintiffs evidence. The plaintiff produced various witnesses by way of evidence taking variou...
Smt. Bhagwati Rampal and anr. Vs. State Bank of India
Court: Himachal Pradesh
Decided on: Sep-07-2005
Reported in: AIR2006HP57
V.M. Jain, J.1. This appeal has been filed by the plaintiffs against the order dated 30-7-2004 passed by the District Judge dismissing the application under Order 39, Rules 1 and 2 read with Section 151, CPC in a suit for declaration.2. The facts, which are relevant for the decision of the present appeal, are that the plaintiffs had filed a suit for declaration that the Civil Court decree dated 25-3-1997 obtained by the defendant-Bank was obtained by it by fraud etc. from the District Judge, Sirmaur at Nahan and that the same was illegal and void and not binding on the plaintiffs. Along with the suit, an application under Order 39, Rules 1 and 2, CPC read with Section 151, CPC was also filed by the plaintiffs seeking to restrain the defendant, by way of ad interim injunction, from attaching auctioning or selling the disputed property till the disposal of the suit.3. The suit was contested by the defendant-Bank by filing written statement. Reply to the application under Order 39, Rules ...
Smt. Shakuntala Devi and ors. Vs. H.P.S.E.B.
Court: Himachal Pradesh
Decided on: Sep-07-2005
Reported in: 2007(3)ShimLC210
Deepak Gupta, J.1. This appeal under Section 30 of the Workmen's Compensation Act is directed against the order of the Commissioner, Workmen's Compensation, HPSEB, Shimla in case No. NFA 94/89 decided on 5.5.1999.2. The admitted facts are that deceased Shyam Lal was working as Assistant Lineman (ALM) with the H.P. State Electricity Board (Board). He was posted at village Bhakhra under Gurthai Section in Ganguwal Sub Division. On 4.2.1986 at about 10 p.m. when Shyam Lal was inside his private accommodation which he had taken on rent there was a fire and Shyam Lal unfortunately expired in the said fire.3. The petitioners who are the widow and children of Shyam Lal filed a petition claiming compensation under the Workmen's Compensation Act on the ground that the deceased was supposed to be on duty for 24 hours. According to them he had to attend complaints at all hours and therefore he had to stay at night in his residence which also served as a complaint room since the Board had not prov...
State of Himachal Pradesh Vs. Inder Mohan
Court: Himachal Pradesh
Decided on: Sep-06-2005
Reported in: 2006CriLJ1720
K.C. Sood, J.1. This appeal is directed against the judgment of acquittal recorded by the learned Special Judge (Forests), Shimla, dated 23rd May, 2003,2. Respondent-Inder Mohan, hereinafter referred to as 'the accused,' was tried by the learned Special Judge, Shimla for offences punishable under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 ('Act' for short), The learned Special Judge acquitted the accused by his impugned Judgment.3. Prosecution case:Accused was posted as Senior Assistant in the Education Branch of HP Secretariat. Complainant, Om Parkash, was a Junior Basic Teacher in the year 2001 and posted in Government Primary School Thalathar of District Shimla. He belongs to village Bainia, Tehsil Barsar of District Hamirpur. The complainant was interested in his transfer from the aforesaid school to any other school in the District of Bilaspur, under 5% Transfer Quota of the Transfer Policy. The complainant made a representation (Ex. P.W. 3/A) along with the me...
Sunita Pawar Vs. Sandeep Kumar and ors.
Court: Himachal Pradesh
Decided on: Sep-06-2005
Reported in: 2007ACJ335
Deepak Gupta, J.1. This appeal by the owner is directed against the award of the Motor Accidents Claims Tribunal-II, Mandi (hereafter referred to as 'the Tribunal') in Claim Petition No. 10 of 1999, decided on 2.4.2005.2. Tribunal has exonerated the insurance company on the ground that licence of the driver on record does not permit him to drive a truck. Since this is the only question to be decided in this appeal, therefore, it would be relevant to refer to the copy of the driving licence. The driving licence of the driver has been proved by the driver himself who has appeared as RW 1. The driving licence was exhibited as RW-l/A. A perusal of the copy of the driving licence shows that the same was issued in the year 1997 and initially permitted the driver to drive light motor vehicle only. Thereafter, it was endorsed for heavy transport vehicle on 4.6.1999. The Tribunal has come to the conclusion that the driving licence of the driver did not permit him to drive a heavy goods vehicle ...
Jaswant Singh and ors. Etc. Vs. State of H.P. and Etc.
Court: Himachal Pradesh
Decided on: Sep-05-2005
Reported in: 2006CriLJ1609
Surjit Singh, J.1. The present appeal and the revision petition are directed against the same judgment of the learned Sessions Court and are, therefore, being disposed of by a common judgment.2. The appeal has been filed by Jaswant . Singh, husband, Kehro Devi, mother-in-law and Joginder Singh, father-in-law of deceased Suman Bala, who allegedly died a . dowry death.3. The revision petition is filed by Wattan Singh, the father of the deceased who lodged the FIR, challenging the absolute acquittal of respondent No. 4, namely Sanjeev Kumar, brother-in-law of the deceased and the finding that the respondents are guilty of offences, under Sections 306 and 498-A of the Indian Penal Code, instead of the offence, under Section 304-B read with Section 34 of the Indian Penal Code, with which they were charged.4. Deceased Suman Bala was married to appellant Jaswant Singh in May, 2003. On 5-3-2004, early in the morning she was found dead in her bed-room. Appellant Kehro Devi, her mother-in-law, a...
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