Court : Himachal Pradesh
Reported in : 2004ACJ1551
..... interest on this amount and costs.15. subject to the modification of the awards in these two cases only qua apportionment, all seven appeals of the appellant insurance company are dismissed with no order as to costs.16. interim orders in these cases shall stand vacated forthwith. all the pending applications stand disposed of having ..... vehicle involved in the present appeals under consideration in this court is concerned, there is no dispute that it is a 'goods carriage'. however, after amendment of section 147 of the motor vehicles act covers the risk in respect of the owner of the goods or its authorised representatives is concerned, liability has been fastened on the ..... . 350, 352, 353, 354, 355, 361 of 2001 and 92 of 2002) have arisen out of the same accident, they were taken up for consideration today and are being disposed of by this common judgment.2. vehicle bearing registration no. pjo 6640 being insured with the appellant, owned by balbir kaur respondent, and driven by kulwant singh .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1997ACJ1204,AIR1997HP21
..... provisions of sections 140 and 141 of the motor vehicles act, 1988 when examined in the light of the judgment of this court passed in fao(mva) no. 205 of 1995, titled as oriental insurance company ltd. v. khem chand and others decided on 16-7-1996. according to shri sandeep kaushik, the amendment has been held to be retrospectively applicable, as such ..... in no case, the award in the present case can be less than rs. 50.000/-in terms of section 140 of the motor vehicles act, 1988 as it ..... stands amended w.e.f. 14-11-1994. thus, he has prayed for exercise of discretion in favour of his clients thereby enhancing the amount of compensation from rs. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2007ACJ1398,2006(1)ShimLC349
..... the aforesaid clear enunciation of law laid down by the apex court, the position of law may be summarized as follows:under the motor vehicles act 1988, prior to its amendment in 1994, which came into effect from 14.11.1994, the insurance company was not liable in case of any passenger being carried in a goods vehicle. the only liability of the ..... shall dispose of two appeals being fao no. 249 of 2002 and fao no. 254 of 2002 as they arise out of the same accident and award.2. brief facts of the case are that truck no. hp-09-0712 was owned by narain singh jandev. this truck was insured with united india insurance company. one prem singh was employed as a conductor in ..... which has already been inherited by the claimants. therefore, the appeal is allowed and the claim petition is dismissed.20. in view of the above discussion fao no. 249 of 2002 is dismissed and fao no. 254 of 2002 is allowed. no order as to costs. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2005ACJ427
..... was also allowed by learned tribunal on the basis of concession made by the learned counsel for the insurer on 15.10.2001.28. it is also significant to note that no reply was filed by the insurer to the amended claim petition wherein it was specifically averred and pleaded that the offending truck was being driven by rifiq mohammad ..... alternatively, it was contended that its liability was limited to the extent of rs. 6,000 only.13. it may be stated that the insurer was permitted under section 170 of the act by learned tribunal to raise all the defences and to contest the claim petition on all the grounds.14. an objection as to the maintainability of ..... present case) would fall within the definition of 'property' and as such a petition for compensation in respect of the death of an animal would be maintainable under the act.20. it is well settled that the word 'includes' or 'including' used within the statute is interpreted as a word of enlargement or of illustrative application.21. in .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(2002)ACC650,2002ACJ650
..... considered a large number of representations received, after finalisation of the report of the review committee, from the transport operators and public for making amendments in the act. the draft of the proposals based on the recommendation of the review committee and representations from the public were placed before the transport development council ..... to assessment of compensation. thus he has prayed for allowing this appeal.24. on the other hand, mr. ashwani sharrna, learned counsel appearing for the insurance company has controverted all these pleas urged on behalf of the appellant. according to mr. sharma, assessment of compensation under structured formula of section 163- ..... and making the room for the principle of no fault liability. it contemplates the principle of no fault liability making the owner, driver and insurer of the vehicle or vehicles involved in the accident liable to pay the compensation on predetermined formula nevertheless fault liability and non obstante clause by .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(2007)ACC323,2006ACJ2426
..... . ltd. v. baljit kaur 2004 acj 428 (sc), the apex court considered the impact of the amendment to the motor vehicles act made in 1994. the supreme court held that after the amendment of 1994, the insurance company was bound to cover liability with respect to owner of the goods or his authorised representatives. however, it further held that no passenger can be carried ..... or not.18. as far as the claim petition no. 11-s/2 of 1998 giving rise to f.a.o. nos. 365 and 166 of 2002 are concerned, the case of the owner-insured is that the victim chet ram had boarded the vehicle after paying the fare. even if this position is accepted, the victim cannot be said to be ..... the bricks.9. four claim petition nos. 11, 12, 13 and 15-s/2 of 1998 were decided by the motor accidents claims tribunal, shimla vide award dated 15.1.2002. he came to the conclusion that the victims were gratuitous passengers in the truck. however, following the judgments of the supreme court in new india assurance co. ltd. v. satpal .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2006ACJ2511
..... of law laid down by apex court, the position of law may be summarized as follows:under motor vehicles act, 1988, prior to its amendment in 1994, which came into effect from 14.11.1994, the insurance company was not liable in case of any passenger being carried in a goods vehicle. the only liability of ..... passengers cannot be carried in a goods vehicle.11. in national insurance co. ltd. v. baljit kaur : air2004sc1340 , the apex court considered the impact of the amendment to the motor vehicles act made in 1994. the supreme court held that after the amendment of 1994, the insurance company was bound to cover liability with respect to owner of ..... any premium paid to the extent of the benefit of insurance to such category of people.12. the apex court again considered this point in national insurance co. ltd. v. ajit kumar : air2003sc3093 . after considering the definitions and various provisions of the motor vehicles act both amended and unamended, the apex court held as follows:the difference .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : III(2006)ACC411,2007ACJ21
..... enunciation of law laid down by apex court, the position of law may be summarized as follows:under the motor vehicles act, 1988, prior to its amendment in 1994, which came into effect from 14.11.1994, the insurance company was not liable in case of any passenger being carried in a goods vehicle. the only liability of the ..... of the instruments and they were travelling as owners of the goods and as such the insurance company as liable.6. the apex court has considered both the unamended provisions of the motor vehicles act, 1988 as well as the amended provisions of the act which came into effect from 14.11.1994 in a number of cases. the law ..... the passengers cannot be carried in a goods vehicle.10. in national insurance co. ltd. v. baljit kaur, : air2004sc1340 , the apex court considered the impact of the amendment to the motor vehicles act made in 1994. the apex court held that after the amendment of 1994, the insurance company was bound to cover liability with respect to owner of the goods .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : IV(2006)ACC131
..... the aforesaid clear enunciation of law laid down by the apex court, the position of law may be summarized as follows:under the motor vehicles act, 1988, prior to its amendment in 1994, which came into effect from 14th november, 1994, the insurance company was not liable in case of any passenger being carried in a goods vehicle. the only liability of the ..... two appeals being f.a.o. no. 249 of 2002 and f.a.o. 254 of 2002 as they arise out of the same accident and award.2. brief facts of the case are that truck. no. hp-09-0712 was owned by narain singh jandev. this truck was insured with united india insurance company. one prem singh was employed as a conductor in ..... three-judge bench of the apex court in new india assurance co. ltd. v. asha rani and ors. iii (2002) a.c.c. 753 (s.c.) : (2003) 1 s.c.c 223, considered the question whether it is compulsory for the insurance company to cover the liability in respect of passengers travelling in a goods vehicle. this decision was in context of .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : IV(2005)ACC232,2006ACJ1036
..... of accident, rights of the parties, i.e., respondent nos. 1 and 3 to 6, and the liability of the insurance company and also of the owner of the vehicle, were fructified. by amending section 4 of the workmen's compensation act w.e.f. 15.9.1995, its implication is that liability is enhanced against both appellant as well as respondent no ..... that as the accident took place prior to the amendment of schedule iv of the act, the compensation has to be assessed according to unamended schedule. we say so as if retrospective operation is given to the amended schedule, it will take away the rights of the parties, namely, the owner as well as the insurance company, in this regard. therefore, the commissioner erred .....
Tag this Judgment!