Court : Himachal Pradesh
Reported in : 1995ACJ1146
Bhawani Singh, J.1. Rajesh Kumar, petitioner, aged 17 years, has filed this petition claiming compensation from the respondents on account of their negligence in maintaining the electricity supply line which resulted in electric shock to him.2. According to the petitioner, the respondent Board is responsible for super-intending, managing and controlling the transmission and supply of electricity in the State of Himachal Pradesh. On the date of occurrence, the petitioner, who is a young villager, was working in his fields. He used to earn his livelihood from the agriculture and rearing cattle. He has an aged and illiterate mother in the village. On 27.7.1993 at about 10 a.m. he took out his cattle for grazing to his fields. While doing so, the petitioner and one of his bullocks came in contact with the naked energized electric conductor. As a result, the bullock died on the spot due to electric shock while the petitioner after raising alarm also collapsed. The cries of the petitioner at...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1990ACJ840,AIR1991HP73
V.K. Mehrotra, J. 1. These are appeals under Section 110-D of the Motor Vehicles Act, 1939 (hereinafter, 'the Act') and are directed against a common Award dated December 29, 1982, of the Motor Accident Claims Tribunal, Shimla.2. Various claim petitions, resulting in theAward under challenge, arose out of the same accident. They were tried together, after consolidation, and by consent of parties evidence was recorded in the claim petition of claimant Nand Kishore (Claim Petition No. 17-8/2 of 1980). The accident took place on June 14, 1980, at about 5-00 p.m. when bus No. HPS 1667 beloging to the Himachal Road Transport Corporation (Local Unit, Shimla) went down the Circular Road just below Hotel Holiday Home. As a result, a number of persons travelling in the bus received injuries and some of them succumbed to the injuries sustained by them. Baldev Singh, the third respondent, was driving the bus.3. In the claim petitions it was said that the bus was being driven by the driver rashly ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1992CriLJ3538
ORDERKamlesh Sharma, J.1. This criminal revision, at the instance of the accused Gurdas Singh, is against the judgment dated 30-7-1988 passed by the Sessions Judge, Una, whereby the judgment dated 27-10-1987 of Chief Judicial Magistrate, Una, District Una, was affirmed. The Chief Judicial Magistrate, Una, had convicted Gurdas Singh under Sections 279, 304-A, 337 and 338 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for six months for each of the offence. The sentences were ordered to run concurrently.2. The brief facts of the case are that in the year 1985 Gurdas Singh was working as Driver in Himachal Road Transport Corporation and was posted in its Depot at Una. He was deployed on bus No. HPG-701 which was handed over to him on 13-2-1985 after its defective brakes were repaired. Gurdas Singh took the bus for trial, before putting it to normal use, towards the Bus stand. Sh. Dharampal who was working as Helper in the workshop at Una also accompanied him. ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : II(2001)ACC216,2001ACJ2017
Kamlesh Sharma, J.1. These two appeals and cross-objections [F.A.O. (MVA) No. 99 of 1995 along with CO. No. 95 of 1996 and F.A.O. (MVA) No. 101 of 1995] are being disposed of by a common judgment as these arise out of the same accident. The appellants in both the appeals are Himachal Pradesh State Electricity Board (hereinafter called 'the Board') and its Executive Engineer.2. In F.A.O. (MVA) No. 99 of 1995 the appellants are aggrieved by the award dated 23.12.94 passed by Motor Accidents Claims Tribunal, Bilaspur whereby an amount of Rs. 1,61,000 along with interest at the rate of 12 per cent per annum from the date of filing the claim petition till the date of deposit and costs of Rs. 330, was awarded to respondent Biplesh Kumar as compensation for the injuries suffered by him in the accident of truck No. HIS 9030 owned by the Board. The respondent-claimant has also filed cross-objections praying for the enhancement of the amount of compensation.3. Similarly, in F.A.O. (MVA) No. 101 ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : II(1989)ACC337
Bhawani Singh, J.1. The present appeal under Section 110-D of the Motor Vehicles Act challenges the award of the Motor Accident claims Tribunal, Hamirpur, in claim Petition No. 2 of 1977 decided on 8-9-1981 as the Himachal Pradesh Road Transport Corporation has a grievance against this award.2. The brief facts giving rise to this appeal are that respondent No. 5, Sh. Hari Har, was the driver of bus No. HPM-45. It was owned by the Himachal Road Transport Corporation. On 17-11-1976 while going from Hamirpur to Nadaun, it hit the scooter HPK-1068 coming from Nadaun towards Hamirpur, driven by Abhilash Chander Mahajan, Junior Engineer, with his wife Smt. Vinod Mahajan on the pillion seat. The husband died while respondent No. 1 sustained as many as 17 injuries on various parts of her body. Smt. Vinod Mahajan remained under medical treatment in hospitals including Post Graduate Institute of Medical Sciences and Research, Chandigarh, for a period of more than two months. Smt. Vinod Mahajan, ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2006ACJ779
V.K. Gupta, C.J.1. This is an appeal filed under Section 173 of Motor Vehicles Act, 1988 by the claimants in M.A.C. Petition No. 7-S/2 of 1992 against the judgment and award dated 29.4.1993 passed by learned Motor Accidents Claims Tribunal, Solan seeking enhancement of the award amount as also the relief of interest on the award amount from the date of the filing of the claim petition because the learned Tribunal did not grant the relief of interest in favour of the claimants.2. Claimants-appellants are the minor children, son and daughter of deceased Shabnam Aggarwal, who died in a road accident. Truck No. PJV 3293 belonging to respondent No. 2 and driven by respondent No. 1 met with an accident with Maruti van No. HP 03-0036 on 10.8.1991 at about 1 p.m. when Maruti van was being driven by one Parvesh Aggarwal near Parwanoo barrier and was overtaking truck No. PJV 3293 which was parked there on the roadside. Respondent No. 1 Ram Karan, the driver of the truck, all of a sudden drove th...
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(2000)ACC167
Lokeshwar Singh Panta, J.1. The above appeals and counter appeals have been taken up together as they arise out of a single accident between the same parties and involve common questions of fact and law. The learned Counsel on either side have made their common factual and legal submissions. FAO (MVA) No. 105/92 and FAO (MVA) No. 106/92 have been filed by the Himachal Road Transport Corporation against the judgments and awards of Motor Accident Claims Tribunal (II), Una whereunder the appellant-Corporation has been held liable to pay the amount of compensation awarded in favour of the claimants of the deceased and injured in the accident. FAO (MVA) No. 124/92 and FAO (MVA) No. 130/92 have been filed by the claimants of the deceased and by the injured against the said awards to the extent of holding the deceased contributory negligent to the extent of 50% and also seeking enhancement of the amount of compensation.2. The facts giving rise to these appeals may briefly be stated as under:O...
Tag this Judgment!Court : Himachal Pradesh
Reported in : IV(2005)ACC474,2006ACJ2568
Deepak Gupta, J.1. A claim petition under Section 166 of Motor Vehicles Act was filed by Asha Rani (widow), Anjana Sharma (daughter), Rajesh Kumar and Anil Kumar (sons) of late Kamal Dev against the Managing Director and Regional Manager of H.R.T.C., Sukhdev Singh, driver of bus No. HK 2029 as also Gurdial Singh, driver of scooter No. DIG 5987. In this claim petition it was alleged that deceased Kamal Dev was sitting as a pillion rider on scooter being driven by Gurdial Singh. It was further alleged that when the scooter was over the Swan Bridge, one rehra was going towards Jhalera (Una side) and in the meantime a bus of H.R.T.C. bearing No. HIK 2029 came from the opposite side. It is alleged that the bus was at a very high speed and the driver of the bus after crossing the rehra swerved the bus to the right and hit the scooter resulting in the injuries to the persons on the scooter. Kamal Dev succumbed to his injuries and died on the spot. It was further claimed that deceased was earn...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2009(1)ShimLC60
V.K. Ahuja, J.1. This is a revision petition filed by the petitioner against the judgment, dated 27.8.2001, of the Court of learned Sessions Judge, Bilaspur, vide which he dismissed the appeal filed by the petitioner against the judgment of the Court of learned Chief Judicial Magistrate, Bilaspur camp at Ghumarwin, convicting the petitioner under Sections 279/304-A of the IPC as under:Under Section 279: Rigorous imprisonment for four months andto, pay fine of Rs. 500/-.Under Section 304-A: Rigorous imprisonment for 1-1/2 years andto pay fine of Rs. 2,000/-.In default of payment of fine, the petitionerwas sentenced to undergo rigorous imprisonmentfor four months.2. Briefly stated the facts of the case are that on 9.11.1992 at about 7.45 p.m. at place Banoha, Police Station Bharari, a minor boy Pushvinder Kumar aged about 8-9 years was crushed by a Maruti Van Bearing No. HP 02 2504, being driven by the petitioner. The injured was taken to the hospital where he was declared dead. A report...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1976HP36
D.B. Lal, J. 1. On 28th November, 1966 a serious motor vehicle accident took place on the Hindustan-Tibet Road at about 1 kilometer from Sanjauli towards Lakkar Bazar, Simla as a result of which one Amar Nath Puri was seriously injured and subsequently died in Snowdon Hospital. The claimants alleged that Amar Nath Puri was coming in his own jeep No. DLI-3364 which was driven by Baldev Singh, Driver, and the jeep was going to Dhali. When it reached a curve, from the opposite direction truck No. HIM-1904 was coming, loaded with potatoes and the said truck belonged to the Himachal Pradesh Marketing and Development Federation Limited, Dhali (hereinafter to be referred to as the Federation).According to claimants the truck of the Federation struck against the jeep which was made to stop by Baldev Singh, The result was an unfortunate accident so much so that the jeep was thrown back to about 8 feet and struck against a milestone. Amar Nath Puri was sitting on the front seat and he fell down ...
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