Himachal Pradesh Court March 2009 Judgments

Oriental Insurance Company Limited Vs. Smt. Dashoda Devi and ors.

Court: Himachal Pradesh

Sanjay Karol, J.1. The Insurer - Oriental Insurance Company Ltd., original respondent No. 3, has filed the present appeal assailing the award dated 8.11.2004 passed by the Motor Accident Claims Tribunal-I, Solan, H.P. in Petition No. 55-S/2 of 1998, titled as Smt. Dashoda Devi and Ors. v. Smt. Kanta Devi and Ors.. 2. The challenge is on the ground that while deciding Issue No. 1-A, the Tribunal failed to correctly appreciate the facts and apply the maxim actio personalis moritur cum persona. Similarly, while returning findings on Issue No. 3 the relevant provisions of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act) were misapplied and misinterpreted rendering the findings to be perverse. 3. Brief facts giving rise to the filing of the petition are as under:4. On 10.9.1996 Shri Surjeet Singh, cleaner was travelling in Truck bearing No. HP-07-891, driven by Shri Ishwar Dutt, original respondent No. 2 and owned by Smt. Kanta Devi, original respondent No. 1. The vehicle m...

Bhagat Ram and anr. Vs. State of H.P.

Court: Himachal Pradesh

Reported in: 2009(1)ShimLC421

Surinder Singh, J.1. The present petition has been filed under Section 407 read with Section 482 of the Code of Criminal Procedure seeking transfer of the Criminal Case No. 13/08/09, State v. Bhagat Ram, pending in the Court of learned Additional Sessions Judge (Fast Tract Court), Chamba and also to set-aside the order dated 12.1.2009, passed by the Learned Sessions Judge, in Criminal Misc. Petition No. 58/08.Briefly the facts of the case are that the accused-petitioners are facing trial under Section 302 read with Section 34 of the Indian Penal Code in the Court of learned Additional Sessions Judge (Fast Tract Court), Chamba.2. In this case, the prosecution has examined its witnesses and the statements of the accused persons under Section 313 of the Code of Criminal Procedure stood recorded on 2.6.2008. No evidence in defence was led by the accused persons and finally, the matter was fixed for final arguments on 28.6.2008, on which date learned Public Prosecutor sought time. Thereafte...

Sudesh Kumari and ors. Vs. Shivalik Hatcheries Pvt. Ltd. and ors.

Court: Himachal Pradesh

Reported in: (2009)IVLLJ805HP,2009(2)ShimLC1

Sanjay Karol, J.1. In the present appeal, the appellants have assailed the award dated 17.11.2004 passed by the Commissioner under the Workmen's Compensation Act, Nalagarh, District Solan, in Case No. 2/2002, titled as Smt. Sudesh Kumari and Ors. v. Shivalik Hatcheries Pvt. Ltd. and Ors. whereby their application under Section 21 of the Workmen's Compensation Act, 1923 (for short, the Act) stands dismissed. Brief facts giving rise to the present petition are as under:Shri Kashmir Singh, husband of petitioner No. 1 and father of petitioners No. 2, 3 and 4 was employed with respondents No. 1 and 2 as driver on Tempo No. HP-12-2042. On 12.4.1997 the vehicle met with an accident in which Shri Kashmir Singh sustained personal injuries arising out of and in the course of his employment. He had to be hospitalized at Rajindra Hospital, Patiala and subsequently at Dr. Parmar Nursing Home, Ropar. He became permanently disabled due to multiple injuries which he received on his body. On 10.5.2001,...

Jaram Singh Vs. Joginder Singh Parmar

Court: Himachal Pradesh

Reported in: 2009(1)ShimLC513

Kuldip Singh, J.1. The complainant has come in appeal against the Judgment dated 18.10.2001, passed by the learned Additional Chief Judicial Magistrate, Nurpur, District Kangra, Himachal Pradesh, dismissing Criminal Complaint No. 213-III/98.2. The brief facts of the case are that the appellant sold Khair trees to respondent for a consideration of Rs. 68,200/-. The respondent had paid Rs. 6,000/- in advance as earnest money on 31.12.1997. The respondent for the balance amount issued a cheque of Rs. 62,200/- drawn on State Bank of Patiala, Nurpur. The appellant on 03.01.1998, personally presented the cheque in the said Bank but the cheque was returned with the objection payment stopped' by the drawer and 'insufficient funds' in the account of the respondent. On 13.01.1998 the appellant served registered notice to respondent calling him to make the payment within 15 days from the date of notice, it was not delivered to respondent as he was out of station and notice was returned undelivere...

National Insurance Co. Ltd. Vs. Sohan Lal and ors.

Court: Himachal Pradesh

Reported in: (2009)IVLLJ725HP,2009(1)ShimLC415

Surjit Singh, J.1. The only substantial question of law, on which this appeal was admitted, is whether the Commissioner, Workmen's Compensation, could have assessed the quantum of compensation by taking the permanent disability of 25 per cent, in respect of one of the two lower limbs, as the percentage of loss of earning capacity, particularly when the medical certificate indicated that the disability in relation to the whole body was 12 per cent.2. I have heard the learned Counsel for the parties and perused the record.3. Medical Certificate Ex. PW-l/A is to the effect that permanent disability sustained by the respondent in the accident, in question, was 25 per cent, in respect of one of the lower limbs, and in relation to the whole body disability has been certified to be 12 per cent. As per provision of Section 4(1)(c)(ii) of the Workmen's Compensation Act, where the injury is not specified in Schedule I, compensation is to be payable proportionate to the loss of earning capacity, ...

Nirmal Singh Vs. State of Himachal Pradesh and anr.

Court: Himachal Pradesh

Reported in: 2009(2)ShimLC151

Sanjay Karol, J.1. The undisputed facts which emerge from the record are that late Shri Amin Chand was working as Headmaster, Government High School, Baldhooak in District Hamirpur, H.P. He died in harness on 8.3.1994 at the age of 57 years, and left behind two sons, two daughters and a widow. Shri Nirmal Singh Pathania, present petitioner being one of the sons of the deceased employee, represented to the Government that since the other son Shri Jagroop Singh was employed in the army and living separately and the sisters having been married, he being the only surviving male member of the family to look after his mother, be given employment on compassionate grounds.2. Both he and his mother wrote to the Government claiming appointment on compassionate grounds in terms of the policy contained in office memorandum dated 19.11.1987 (Annexure A-2/1) and office memorandum dated Nil (Annexure A-2/2).3. The Government considered the request but, however, rejected the same in terms of letter da...

Lal Mohan and ors. Vs. State of anr.

Court: Himachal Pradesh

Reported in: 2009(1)ShimLC392

Sanjay Karol, J.1. In the present appeal, the following substantial question of law arises:1. Whether the legal heirs of the deceased lady, being the dependent sons minor and major and also the widower are entitled for the compensation under the Workmen's Compensation Act?2. Ms. Vandana Devi while working as daily wage Beldar in National Highway Sub Division, Nigulsari died in a motor accident. She was travelling in truck No. HPA-963 owned by the State. The accident took place on 21.10.1997 and she succumbed to the injuries sustained by her in the said accident on 8.6.1998. She left behind her husband (widower Choban Gop), sons Lakhan Gop (major) Lal Mohan and Shrawan Gop (minors). The said legal heirs filed an application claiming compensation under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act').3. The respondent-State filed its reply admitting the factum of the accident, the employment of the deceased and her salary being paid at Rs. 45.75 p...

State Bank of India and ors. Vs. Ranjit Kumar and anr.

Court: Himachal Pradesh

Reported in: 2009(2)ShimLC6

Surjit Singh, J.1. By means of present writ petition, petitioners-State Bank of India and two of its functionaries have sought judicial review of award dated 16.6.2004 passed by Central Government Industrial Tribunal-cum-Labour Court, Chandigarh, whereby order dated 8th August, 1996 passed by petitioner No. 3, regarding dismissal of respondent Ranjit Singh as upheld by the Appellate Authority by order dated 15.11.1996, has been set aside and it has been ordered that respondent Ranjit Singh is to be treated on duty right from the date he was ordered to be dismissed from service.2. Relevant facts may be stated thus. Respondent Ranjit Singh passed his matriculation examination in the year 1986. In the year 1992, petitioner No. 1 sent a requisition, Annexure P-2, to Regional Employment Officer, Dharamsala for sponsoring candidates for appointment as messengers. As per this requisition, educational qualification was as under:(a) Messengers Educational qualifications.-Undermatriculation (min...

State of H.P. and anr. Vs. Himachal Techno Engineers and anr.

Court: Himachal Pradesh

Reported in: 2009(2)ShimLC29

Sanjay Karol, J.1. Before the matter started Mr. S.R. Sharma, learned Counsel for the respondents stated at the bar that keeping in view the provisions of Section 31(7)(b) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act'), even though for the post award period his clients are entitled to statutory interest @ 18% per annum but, however, his clients agree to accept the interest at such rate as has been awarded by the Arbitrator for the period upto the date of the award. Statement accepted and taken on record.The petitioners are referred to as the 'State' and the respondents are referred to as the 'Contactor'.2. Certain disputes having been arisen between the parties in relation to Agreement No. 91 (2002-2003), 'for the augmentation of LWSS Hamirpur Town from River Beas in Tehsil and District Hamirpur', the matter was referred to the Arbitrator in accordance with the terms of the agreement.3. Shri O. P. Sharma, Arbitrator-cum-Superintending Engineer, I&P...

Roshan Lal and ors. Vs. State of H.P. and ors.

Court: Himachal Pradesh

Reported in: 2009(1)ShimLC382

Sanjay Karol, J.1. The petitioners herein have prayed for the following relief:(i) That the impugned order dated 18.1.2002, Annexure A-6, may be quashed and set aside qua the applicants and they may be allowed to continue in their present cadre i.e. HPPWD 4th Circle, Shimla -3.(ii) Record of the case may also be called for the perusal of this, Hon'ble Tribunal.(iii) Any other relief deemed proper in the circumstances may also be granted.(iv) Costs of the application may also be awarded.2. Annexure A-6 is the office order dated 18.1.2002 transferring the petitioners from Shimla Division No. Ill, of the H.P. Public Works Department to other Divisions of the same Department, in and outside Shimla.3. The petitioners were engaged on work charged basis with the State of Himachal Pradesh. With the passage of time, they were regularized and petitioners No. 1 and 2, S/Shri Roshan Lal and Sardip Singh were brought on regular cadre as Telephone Operator w.e.f. 5.2.1990 and petitioner No. 3 Shri K...