Court : Himachal Pradesh
Reported in : 1998ACJ908
Kamlesh Sharma, J.1. Appellant No. 1, Jagar Nath, is the father and appellant No. 2 Nirmla, is the widow of the deceased, Mohan, who was working as beldar in Lift Irrigation Scheme, Killor Pump House at Paonta Sahib. On 5.9.83, he was deputed to go from Killor Pump House to Khodri Pump House. Accordingly when he was on his way to Khodri Pump House, due to heat and fatigue he fell down from his bicycle on the road at about 4.30 p.m. and died.2. The appellants filed application under Section 4 of the Workmen's Compensation Act, 1923 (hereinafter called 'the Act') for awarding them compensation alleging that said Mohan had died during the course of his employment and they are entitled to compensation on the basis of his monthly wages of Rs. 750/-. The application was opposed by respondent No. 1 on the preliminary objection that the appellants were not entitled to any compensation as the workman had not died during the course of employment or while performing duties with them. On merits, i...
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(1990)ACC67,1990ACJ333
Bhawani Singh, J.1. Brestu Ram, once a mason in the Beas-Sutlej Link Project, Sunder-nagar, drawing Rs. 650/- per month at that stage, appears to have been rendered penniless, if not to this extent, at least appears to be bony-structure moving about and into this court on crutches and appeals through his counsel, Mr. Rajeev Mehta, for the decision of his appeal filed in 1983. His complaint is justified as he had the right to move the court and the court has to render justice to the litigants, more so in such like cases, at the earliest. I proceed to examine his case with the assistance of learned counsel appearing for the parties.2. The facts, in brief, are that Brestu Ram (35) was working as a mason in the Beas-Sutlej Link Project, Sundernagar, and was drawing Rs. 650/- per month. He states that on 19.5.1977, he had gone to village Jakhehar to bring bamboos. He was standing on the correct side of the road and was 2/4 feet away from the metalled part of the same. In the meantime, truck...
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(1988)ACC382
P.D. Desai, C.J.1. The accident giving rise to this appeal occurred on October 21, 1973, at about 4-30 p.m. in village Bhumain, Tehsil Nalagarh, District Solan. The husband of the first appellant and the father of the rest of the appellants, aged about 32 at the material time, died as a result of the injuries received by him in the course of the said accident.2. The vehicle involved in the accident, truck No. HPB 154, was owned by the Himachal Pradesh Public Works Department (first respondent). It was being driven at the material time by the second respondent, an employee of the first respondent.3. In the claim petition instituted by the appellants, compensation was claimed in the sum of Rs. 2,40,000/-. The Motor Accident claims Tribunal found that the accident had occurred on account of the negligent act of the second respondent in reversing the vehicle in a narrow street of the village without the assistance of the cleaner to guide him. The Tribunal assessed the loss of monthly depen...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2004HP11,II(2005)BC105
ORDERR.L. Khurana, J.1. 'Whether a Court in a suit for rendition of account can pass a final decree exceeding its pecuniary limit of jurisdiction' is the question involved in the present reference made by the learned Additional District Judge, Solan.2. Briefly, the facts giving rise to the present reference may be thus stated. A suit. being Civil Suit No. 31-S/1 of 1995/993 was filed by Messrs. Mohan Meakin Limited. Solan against Messrs. Internations Trade. New Delhi and another for rendition of accounts. Such suit was valued for the purpose of Court-fee and jurisdiction at Rs. 4,00,000/- and requisite Court-fee was affixed on the plaint. An ex parte preliminary decree for rendition of accounts was passed by the learned Additional District Judge, Solan, on 13-8-1999 in favour of the plaintiff and against the defendants.3. On 6-10-1999 an application was made by the plaintiffs praying for appointment of a local Commissioner to go into the accounts of the parties and to report regarding ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(2000)ACC257,2000ACJ1060
L.S. Panta, J.1. The above appeal by the State of H.P. is directed against the judgment and order dated 18.1.1992 of Motor Accidents Claims Tribunal (II), Sirmaur District at Nahan in Claim Petition No. 19-N/2 of 1990, whereunder the legal representatives of deceased Baldev Singh have been awarded a sum of Rs. 2,00,000 by way of compensation.2. Baldev Singh was working as Head Constable in Police Station, Paonta Sahib in the year 1989. On 14.8.1989, he was travelling in the mini bus No. HIN 575 belonging to the appellant State on his official duty. Rehmat Ali respondent No. 5 herein was the driver of the said bus which was going on Badripur-Jamniwala Road on the relevant day. The said bus met with an accident, resulting in the death of Head Constable Baldev Singh. The legal representatives who are the widow and minor sons and daughter of deceased Baldev Singh filed claim petition before the Tribunal below, inter alia, on the ground that the accident occurred due to rash and negligent d...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1971CriLJ1017
ORDERD.B. Lal, J.1. This is an application in revision by the State against the order dated 9-11-1970 of the Additional Sessions Judge, Bilaspur, wherein he has declined to amend and substitute the charge Under Section 304, Indian Penal Code for which the accused, Shiv Ram-Respondent, has been committed for trial before the court of Session, The application arises in the following circumstances.2. The prosecution case arose as a result of a report instituted by one Jiwa Nand of Kosrian Kanaita, District Bilaspur, to the effect that at about 2 a. m. on the night between 17/18th May, 1968 the accused, Shiv Ram, was found giving severe beating with 'danda' to the deceased, Baldev Singh, in the courtyard of his house, with the result that the deceased suffered many injuries of serious nature. He was removed to the hospital and on the next day, i. e on 19-5-1968 at 1-20 p.m. he died in the hospital as a result of the injuries received by him. The post mortem examination was conducted by Dr....
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(2001)DMC751
C.K. Thakker, C.J.1. This appeal is filed against judgment and order of conviction recorded by the Additional Sessions Judge, Una on July 18, 1997 in Sessions Case Nos. 11/94, 13/94. By the said judgment, the learned Additional Sessions Judge convicted the accused for offences punishable under Sections 498A and 306 of the Indian Penal Code and sentenced them.2. In paragraph 38 of the judgment, the learned Judge stated :'Thus, keeping in view the extenuating and exaggerating circumstances in the instant case and also viewing the plight of the convicts, it is a fit case where ends of justice shall be met, if convict Kanta Devi is sentenced to undergo simple imprisonment for one year for the commission of offence under Section 498-A of the Indian Penal Code and four years for the offence committed under Section 306 of the Indian Penal Code and she is also fined to pay rupees of 1,000/- for the commission of each of the said offences and in default of payment of fine, she will undergo furt...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1990ACJ431
Bhawani Singh, J.1. This appeal arises out of the order of Commissioner (under the Workmen's Compensation Act, 1923), Bilaspur, in Case No. 8/84-1/87; decided on 15.11.1988. By this order, the claim of the appellants for compensation, to the tune of Rs. 50,000/-, has been rejected. The appellants feel aggrieved by this order, therefore, they have assailed the same by way of this appeal.2. Briefly, the case of the appellants is that Tulsi Ram was on duty as watchman in the factory area between 12 p.m. to 8 a.m. on 31.1.1984. Since there was neither any heating arrangement nor woollens provided to him, Tulsi Ram caught cold as a result of which he developed pain in his stomach and during the course of his employment, he died on 1.2.1984 in the factory hospital where he was shifted. Therefore, Tulsi Ram died as a consequence of and in the course of his employment, thus enabling the appellants to move a petition to the Workmen's Compensation Commissioner, Bilaspur, for the grant of compens...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2006CriLJ98
Arun Kumar Goel, J. 1. This appeal is directed against the judgment dated 29th July, 2002, given by learned Sessions Judge, Solan, in Sessions Trial No. 2-S/7 of 2002, whereby appellant after he held guilty, has been convicted to undergo following sentence :-------------------------------------------------------------------Sr.No. Offence Sentence imposed-------------------------------------------------------------------1. Under Section 376, IPC. Ten years' Rigorous imprisonment and fine of Rs. 20,000/- (Rs. twenty thousand only). In default of payment of fine the convict shall further undergo rigorous imprisonment of one year.2. Under Section 506, IPC. Rigorous imprisonment of two years and fine of Rs. 5,000/- (Rs. Five thousands only). In default of payment of fine the convict shall further undergo rigorous imprisonment of six months.---------------------------------------------------------------------2. Shri Thakur, learned Counsel for the appellant raised following contentions i...
Tag this Judgment!Court : Himachal Pradesh
Rajiv Sharma, J.1. A challenge has been laid by the State to the judgment of learned Additional Sessions Judge (2), Kangra at Dharmshala in Sessions Case No. 11-K/VII/96, dated 28.10.1997, whereby respondent Dina Nath, who was charged with and tried for offence, under Section 302 of the Indian Penal Code, has been acquitted.2. The case of the prosecution, in a nut-shell, is that on 06.10.1995, at about 5:00 P.M., Bhundu Ram (now deceased), Mast Ram (PW-5) and Khemdi Ram (PW-6) after extracting Alsi oil, were returning home via Baldhar by road and at about 6:00 P.M., all of them sat for taking rest at a place known as Mahrian. In the meantime, accused Dina Nath, son of Bidhi Chand came there, who caught hold of Shri Bhundu Ram from both of his ears and after picking him up threw him forcibly on the ground, and started beating him with 'Hurron Mukkon' (fist blows). He was rescued by PW-5 Mast Ram. Bhundu Ram became unconscious. He reached home at 11:00 P.M. The same night he regained con...
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