Court : Himachal Pradesh
Dev Darshan Sud, J. The appellants challenge the judgment passed by the learned Additional Sessions Judge, Fast Track Court, Shimla acquitting the accused of offences under Section 304-A I.P.C. Two appeals arise out of the same judgment, viz. Cr. Appeal No. 170 of 2005 titled State of H.P. and Surinder Pal Singh and Cr. Appeal No. 97 of 2005 titled State of H.P. Vs. K. Shanmugham and are being disposed of by this common judgment. 2. According to the prosecution, on 28.5.1995, 77 students (59 boys and 18 girls) and staff members of Dalhousie Public School, Badhani (Pathankot) (hereinafter DPS for short) went for a picnic on 28.5.1995 on the banks of river Beas at Tanda Patan, Indora. Both the accused according to the prosecution had been deputed by the head master to look after and ensure the safety of the students studying in 5th and 6th classes. 3. During lunch break, the accused entered the river and inspected the water level to ascertain whether it was safe for children. A zone was ...
Tag this Judgment!Court : Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla
Surjit Singh, President (Oral), J. (Retd.). 1. Complainant has filed the present complaint, under Section 12 of the Consumer Protection Act, 1986, seeking issuance of directions to the opposite parties to pay a sum of Rs.4,71,000/- by way of insurance money, Rs.12.00 lacs on account of mental and physical harassment, `5.00 lacs for loss of business and business opportunity and Rs. 12,000/- on account of litigation expenses with interest @ 18% per annum pleading the following cause of action. 2. Complainant purchased a Mahindra Logan car for a sum of Rs.4,94,501/- against Annexure C-1, from opposite party No.2. The manufacturer of the vehicle is opposite party No.3. Soon after its purchase, the car had been insured by the complainant with opposite party No.1 in the sum of Rs.4,71,000/-. Insurance was got done on 29th February, 2008. Four days later, i.e. on 3rd March, 2008, when the vehicle was being driven by the complainant in Shimla town, near Ayurvedic Hospital, he noticed in the ri...
Tag this Judgment!Court : Himachal Pradesh
Kuldip Singh, J.1. The State has come in appeal against judgment dated 29.9.2002 passed by learned Chief Judicial Magistrate, Sirmaur at Nahan in Cr. Case No. 17/3 of 2001/2000, acquitting the respondents for the offence punishable under Section 9B of the Explosives Act, 1884( for short Act).2. The prosecution case, in brief, is that PW-7 HC Kalyan Singh along with police party was patrolling and was on his way to Madoli Dhar on 17.5.2000 at about 4.45 p.m., both the respondents were standing on the side of road and were carrying polythenes with them. On seeing the police, the respondents tried to escape from the spot but they were apprehended on suspicion. On search of the bag of respondent No. 1 Lal Singh, it was found containing 25 gelatine and from the bag of Jagar Singh 10 meters fuse wire and one small pack (Dibia) containing 10 detonators were found. The respondents could not produce any export permit for exporting or possessing the explosive substance. The investigating officer...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2008(3)ShimLC376
Kuldip Singh, J.1. The defendant No. 4 has come in appeal against judgment, decree dated 24.5.2001 passed by learned Additional District Judge, (1) Kangra at Dharamshala in Civil Suit No. 3-K/98, decreeing the suit of respondent No. 1 for Rs. 1,20,000/- along with interest at the rate of 6% per annum from the date of decree till realization. In the appeal respondent No. 1 has filed cross-objections for enhancement of compensation.2. The pleaded case of respondent No. 1 is that appellant, a contractor, on 4.6.1997 at about 4 p.m. was demolishing through blasting a bridge at Draman on Pathankot-Mandi road under respondents No. 2 to 4, a flying splinter of stone hit the right eye of respondent No. 1. The respondent No. 1 was a student and very good in study and was merit holder. The respondent No. 1 got treatment at various places but due to injury he lost vision in the right eye which caused 30% permanent disability which adversely affected his future prospects in life. The respondent No...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2006(3)ShimLC135
Deepak Gupta, J.1. This writ petition under Article 226 of the Constitution of India has been filed in the public interest by some residents of villages Batamandi and Ganguwala questioning the legality and propriety of the expansion of the existing fermentation plant of respondent No. 4 at Ganguwala for manufacture of bulk drugs and setting up of a new formulation plant at Batamandi by respondent No. 4 M/s. Ranbaxy Laboratories Limited. The challenge is on various grounds. According to the petitioners, the respondents have violated various provisions of law. It is also alleged that the respondent No. 4 has not only violated the law but has started the construction without any legal and valid permission. According to the petitioners in case the plant is set up it shall cause huge amount of pollution leading to environmental degradation. During the course of the proceedings some Gram Panchayats of the area were permitted to join as interveners in the matter. When the petition was initial...
Tag this Judgment!Court : Himachal Pradesh
Reported in : III(2005)ACC896,2006ACJ1565
Deepak Gupta, J.1. This appeal by the State is directed against the award of the Motor Accidents Claims Tribunal-I, Sir-mour District at Nahan in M.A.C. Petition No. 54-N/2 of 1994/1993, decided on 9.8.1995.2. The facts which are not in dispute are that deceased Bachna Ram was employed as a driver with the I.P.H. Department of the State of H.P. He was deployed on duty with truck No. HPN 553. On 13.8.1992 he was carrying a large number of RCC pipes in the truck along with some labourers. The truck met with an accident and went off the road. The deceased died as a result of injuries sustained by him in the accident.3. The claimants who are the widow and children of the deceased filed a claim petition under Section 166 of the Motor Vehicles Act claiming that compensation should be awarded to them. It was alleged that the accident had occurred due to the sudden puncture of the rear left side tyre of the truck. It was further alleged that the tyre got punctured due to the fact that the vehi...
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(2003)ACC93,2002ACJ1618
Arun Kumar Goel, J.1. The appellant insurance company has filed this appeal against the award of the Motor Accidents Claims Tribunal, Solan in M.A.C. Petition No. 80-S/2 of 1989 dated 7.3.1992. While allowing the above petition compensation in the sum of Rs. 1,62,000 has been awarded to the respondents-claimant Nos. 1 to 6 in equal shares and has been made payable by the owner of the truck Gurnam Chand as well as by the insurance company, i.e., the present appellant. They were held to be entitled for payment of interest at the rate of 9 per cent per annum from the date of the award, i.e., 7.3.1992 in case this amount is deposited by the said respondents within 60 days; failing which they shall be liable to pay interest at the rate of 12 per cent per annum on the awarded amount from the date of petition, i.e., 10.5.1989 till its payment/deposit. Costs of Rs. 550 has also been imposed on the appellant as well as respondent No. 7, i.e., the driver of the vehicle.2. In this case facts by a...
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(2002)ACC222,2002ACJ222,(2002)ILLJ1071HP
C.K. Thakker, CJ. 1. All these appeals arise out of cases No. 24 of 1993, 26 of 1993, 27 of 1993 and 28 of 1993 decided on May 27, 1998 by the Commissioner, Workmen's Compensation, HPSEB, Unit-11, Mandi, H.P.2. To appreciate the controversy raised in the present appeals, few facts, which are necessary may now be stated. A fatal accident was reported by the Executive Engineer, Baner Construction Sub Division No. II, HPSEB, Jia Tehsil, Palampur. It was reported that at the said accident, which took place on August 18, 1993 at about 3.10 p.m., six persons, namely, S/Shri Kunjumon, Hari Bahadur, Ram Kumar, Vir Bahadur, Kamal and Roop Lama lost their lives on the spot. They were engaged by Ansal Properties and Industries Ltd. (appellant herein). A notice under Section 23 of; Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') was issued by the Commissioner for Workmen's Compensation on the employee asking it to submit documents, as required and the case was fixed at vari...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2001CriLJ1356
M.R. Verma, J.1. Feeling aggrieved by the judgment, dt. 29-8-1998 passed by the learned Sessions Judge, Kullu and Lahaul Spiti Division at Kullu, whereby the respondent-accused (hereafter referred to as 'the accused)' has been acquitted of a charge under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the Act'), the State has preferred the present appeal.2. Case of the prosecution, in brief, is that on 18-11-1996 at about 2.40 p.m., when ASI Baldev Singh (PW 16) along with PW 9 Prem Singh, HHG, HC was on patrol duty in Manali bazar, he received a secret information that Edward Samual, the accused, was dealing in 'Charas' and even at that time he was leaving bus stand Manali along with his luggage and 'Charas' could be recovered from his possession. On receipt of this information, Baldev Singh, ASI constituted a raiding party consisting of Kahan Singh (PW 15) and Jiwan Sood (PW 14). Then he drew up a 'Ruqua' Ext. PD and sent the same to Poli...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2000HP11
R.L. Khurana, J. 1. The plaintiff is a limited company incorporated under the Companies Act, 1956. It has a Fruit Processing Plant at Parwanoo in District Solan. In such plant, 18 numbers of Tanks have been installed in the cold storage chamber. Such tanks have the storage capacity of 4.20 lacs litres of apple juice concentrate. Two other tanks with the storage capacity of 50,000 litres of apple juice concentrate have been installed in the pre-cooling chamber outside the cold storage chamber.2. The complete plant and machinery, tools accessories etc. along with the stock of apple Juice concentrate, Aroma and chemicals whilst lying in the cold storage was insured by the plaintiff for a sum of Rs. 6,24,65,000/- during the period 17-9-1990 to 16-9-1991 vide insurance policy Ex. PW 1/1, covering the following risks :--1. Fire. 2. Lightening. 3. Explosion/implosion but excluding loss of or damage to boilers (other than domestic boilers) economisers, or other vessels, machinery or apparatus ...
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