Himachal Pradesh Court June 2007 Judgments
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New India Assurance Company Ltd. Vs. Smt. Usha Devi and ors.
Court: Himachal Pradesh
Decided on: Jun-25-2007
Reported in: 2008ACJ845,[2007(115)FLR1179],2007(2)ShimLC397
Kuldip Singh, J.1. This judgment shall dispose of FAO Nos. 464, 465, 466, 467, 468 and 469 of 2003. All these appeals have arisen out of common order dated 9.7.2003 passed by Commissioner, under Workmen's Compensation Act, Jhakri in FA No. 5 of 2001, FA No. 3 of 2001, NFA No. 28 of 2001, FA No. 6 of 2001, NFA No. 29 of 2001 and FA No. 4 of 2001 respectively. FA No. 3 of 2001, FA No. 4 of 2001, FA No. 5 of 2001, FA No. 6 of 2001 and NFA No. 28 of 2001 and NFA No. 29 of 2001 were filed by the petitioners/claimants, claiming compensation under the Workmen's Compensation Act, 1923 (for short 'the WC Act'). In FA No. 3 of 2001, FA No. 4 of 2001, FA No. 5 of 2001 and FA No. 6 of 2001 compensation was claimed by the dependants of deceased workmen, whereas in NFA No. 28 of 2001 and NFA No. 29 of 2001 the claim petitions were filed by the injured workmen. The Commissioner in the impugned order has held New India Assurance Company to pay the entire compensation along with interest to the claiman...
A.N.S. Earthmovers Vs. Surto Devi and ors.
Court: Himachal Pradesh
Decided on: Jun-25-2007
Reported in: 2008ACJ942
Kuldip Singh, J.1. This judgment shall dispose of F.A.O. Nos. 456, 457, 458, 459, 460 and 461 of 2003. All these appeals have arisen out of common order dated 9.7.2003 passed by Commissioner under Workmen's Compensation Act at Jhakri in F.A. Nos. 3 of 2001, N.F.A. No. 29 of 2001, F.A. No. 6 of 2001, N.F.A. No. 28 of 2001, F.A. No. 4 of 2001 and F.A. No. 5 of 2001, respectively. The further facts are that F.A. Nos. 3, 4, 5, 6 and N.F.A. Nos. 28 and 29 of 2001 were filed by the petitioners claiming compensation under the Workmen's Compensation Act, 1923 (for short, 'the Act'). In F.A. Nos. 3, 4, 5 and 6 of 2001, compensation was claimed by the dependants of the deceased workmen, whereas in N.F.A. Nos. 28 and 29 of 2001, the claim petitions were filed by the injured workmen. The Commissioner vide common order dated 9.7.2001 in F.A. Nos. 3, 4, 5, 6 of 2001 and N.F.A. Nos. 28 and 29 of 2001, allowed following compensation and interest:--------------------------------------------------------...
H.P. State Electricity Board and anr. Vs. B.L. Behl and ors.
Court: Himachal Pradesh
Decided on: Jun-25-2007
Reported in: 2007(3)ShimLC374
Kuldip Singh, J.1. The defendants No. 1 and 2, are in appeal against the Judgment and decree, dated 13.7.1998, passed by learned Additional District Judge, Shimla, in Civil Suit No. 4-S/1 of 95/89, decreeing the suit of the plaintiff for Rs. 1,63,000/-, alongwith costs, pendente-lite as well as future interest at the rate of 6% per annum, from the date of the institution of the suit, i.e. 31.7.1989 till realization of the entire decretal amount. The parties are referred in the same manner, as in the impugned Judgment and decree.2. The facts in brief are that plaintiff filed a suit for recovery of Rs. 2,00,100/-, against defendants No. 1 and 2, on account of loss caused to him due to fire which broke out in building 'Mount View', also known as 'Kapoor House', situate at Sanjauli, Tehsil and District Shimla on 22.11.1988 due to negligence on the part of servants of defendants No. 1 and 2. Defendants No. 3 to 5, owners of the building were impleaded as proforma defendants.3. The plaintiff...
Ram Krishan Vs. Union of India (Uoi)
Court: Himachal Pradesh
Decided on: Jun-22-2007
Reported in: 2007(2)ShimLC495
Rajiv Sharma, J.1. The brief facts necessary for the adjudication of this petition are that the petitioner was enrolled in the Indian Armyon 8th October, 1979. He suffered battle casualty on 5.1.2002, resulting in his discharge after completion of 25 and 106 days of service. He was placed in the low medical classification after holding Medical Board. He was subsequently asked to appear before the Re-survey Medical Board on 4th December, 2004. He was declared invalided and recommended him 'fit to release from service in medical category S, H, A2(P)P,E' with effect from 31.1.2005. His disability was declared attributable to army service and was recorded more than 30%. He was discharged on 31.1.2005 and the reason of discharge was shown as 'completion of tenure of his service' under Army Rule 13(3) and was granted service pension of Rs. 5,643/- per month with effect from 1.2.2005. He was not granted disability pension even though his disability was assessed at more than 30% which was attr...
Gabriel Employees Union Vs. Gabriel India Limited and ors.
Court: Himachal Pradesh
Decided on: Jun-22-2007
Reported in: (2008)ILLJ618HP
ORDERRajiv Sharma, J.1. This petition is directed against the order dated April 5, 2006 passed by the appellate authority in appeal No. 86/2005.2. The brief facts necessary for the adjudication of this petition are that the respondent No. 1-company had submitted a draft proposal for the modification of standing orders for certification on June 18, 2005. The copy of draft proposal for modification of Standing Orders is at page 74 of the paper book of this petition. Paragraph 29 of the draft Standing Orders is reproduced below for better appreciation of the facts:The age of retirement on superannuation of a workman shall be as may be agreed upon between the Management and the Workman through a contract or as specified in a settlement or award of both the workmen and the management. The employee shall automatically retire from the service of the Company on attaining the age as provided herein before to be calculated in accordance with the date of birth given by him at the time of appointm...
New India Assurance Company Vs. Mamta Garg and ors.
Court: Himachal Pradesh
Decided on: Jun-22-2007
Reported in: 2007(3)ShimLC122
Rajiv Sharma, J.1. This petition is directed against the award dated 1.10.2004 passed by the learned Motor Accident Claims Tribunal, Solan.2. The brief facts necessary for the adjudication of this petition are that the claim petition under Section 166 of the Motor Vehicles Act, 1988 for the grant of compensation on account of death of Vinod Garg age 51 years was filed by the claimants No. 1 to 4 before the Tribunal being the MAC Petition No. 14-S/2 of 2004. Shri Vinod Garg was working as Assistant Accounts Officer in the H.P. State Electronics Development Corporation Limited and was drawing Rs. 17,000/- per month as salary besides having rental income of Rs. 3,000/- per month. Sh. Vinod Garg died on 26.12.2003 due to the rash and negligent driving of the driver Sh. Vidya Sagar. The learned MACT had framed the following issues:1. Whether the accident, in question, took place due to rash or negligent driving of car No. HP-22-4338 by respondent No. 1, as alleged? OPP2. If issue No. 1 is p...
State of H.P. Vs. Chiranji Kumar
Court: Himachal Pradesh
Decided on: Jun-21-2007
Reported in: 2007(3)ShimLC45
Surinder Singh, J.1. Appellant Charanji Kumar was convicted by Sub-Divisional Judicial Magistrate, Ghumarwin under Section 16 (1-A)(i) of the Prevention of Food Adulteration Act, 1954 (Act for short) in Case No. 283/1 of 1990 decided on 20.2.1995 and sentenced to undergo imprisonment for a period of one year and to pay a fine of Rs. 2,000. In default of payment of fine, he was further sentenced to undergo rigorous imprisonment for a period of three months. He filed an appeal No. 13/95. His appeal was accepted by the learned Sessions Judge and thereby acquitted him vide a detailed judgment passed on 27.12.1999.2. Having felt aggrieved, the appellant-State filed the instant appeal on the ground that the first appellate Court had decided the matter in a slip shod and perfunctory manner. It had set unrealistic standards to evaluate the direct and cogent evidence of the prosecution. The reasoning given for acquittal is un-tenable, whereas, the trial Court elaborately dealt with the evidence...
Safi Mohamad Vs. State of Himachal Pradesh and anr.
Court: Himachal Pradesh
Decided on: Jun-21-2007
Reported in: 2007CriLJ4546,2007(2)ShimLC387
Surinder Singh, J.1. The appellant was put on trial, under Sections 376 and 506 of the Indian Penal Code, in the Court of Additional Sessions Judge, Ghumarwin, District Bilaspur in Sessions Trial No. 60/7 of 2005/2004, for committing rape on his daughter-in-law, continuously for about three months against her wishes. On the conclusion of the trial the Additional Sessions Judge held him guilty and passed the sentence as under:----------------------------------------------------------Under To suffer rigorous imprisonmentSection for seven years and to pay a fine376 IPC of Rs. 10,000/- and in default ofpayment of fine he shall furtherundergo imprisonment for threemonths----------------------------------------------------------Under To suffer rigorous imprisonmentSection for one year and to pay a fine of506 IPC Rs. 2,000/- and in default ofpayment of fine he shall furtherundergo imprisonment for onemonth.----------------------------------------------------------2. The factual matrix of the ...
Randhir Singh @ Tira and ors. and Mohan Kumar Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Jun-20-2007
Reported in: 2007(2)ShimLC294
Surjit Singh, J.1. Both the appeals, whose particulars are mentioned in the title, are directed against the same judgment, i.e. judgment dated 27.9.2003, of the Sessions Court, whereby the appellants have been convicted of offences punishable under Sections 364, 302 and 392 of the Indian Penal Code and sentenced to undergo imprisonment for different terms and also to pay fine; in default of payment of fine to undergo simple imprisonment for extra terms.2. Prosecution version, as made out from the evidence adduced by it before the trial Court, may be summed up thus. Deceased Jai Pal, aged about 20 years, was employed as a driver by Jatinder Singh (PW-5), along-with PW-3 Bhim Singh, PW-4 Rajesh Kumar and one more person, to drive his fleet of Maruti Cars and vans for hire. Jatinder Singh had purchased one car from PW-7 Dinesh Kumar of Ludhiana. He had taken the delivery of that car but it had yet not been registered in his name. So the car bore no registration number on the number plates...
Ex. Hav. Prakash Chand Vs. Union of India (Uoi) and ors.
Court: Himachal Pradesh
Decided on: Jun-20-2007
Reported in: 2008(1)ShimLC294
Rajiv Sharma, J.1. The brief facts which can be culled out from the pleadings of the parties are that the petitioner was enrolled in the Indian Army on 18.8.1975 as Sepoy. He was down graded to low medical category BEE (permanent) for diagnosis 'CVA Multiple infraction' with effect from 10.2.1993. As per the opinion of the Medical Board (Annexure R-9) the following observation has been made:Physical & mental and stress of Military service.His disability was assessed at 40%. His case was forwarded to the PCDA (P) Allahabad for adjudication on 16.3.1994. His claim was rejected by the PCDA (P) Allahabad on 28.9.1994. Sh. P.P. Chauhan, learned Counsel appearing for the petitioner had strenuously argued that his client's disability has been assessed at 40% and as per the rules his client was entitled to disability pension. Sh. Sandeep Sharma, learned Assistant Solicitor General of India, appearing on behalf of the respondents had supported the decision dated 28.9.1994 and appellate order co...
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