Court : Himachal Pradesh
Reported in : 2004ACJ1169
..... the alternative remedy for him? is he to surrender to the product of the fraud and thereby become a conduit to enrich the imposter unjustly? the learned single judge who indicated some other alternative remedy did not unfortunately spell out what is the other remedy which the appellant insurance company could pursue with.'finally, it was held ..... others:'(13) in such like cases, where the award on the face of it being perverse, and scope, purview and operation of section 173 of the motor vehicles act being what it is (totally restrictive), the only remedy available to an insurer naturally would be to challenge the award by approaching this court by invoking this court' ..... maintainable, as according to him, petitioner should not be allowed to assail the award on quantum in the face of its limited defences under section 149 of the motor vehicles act, as well as recent decision of the supreme court in sadhana lodh v. national insurance co. ltd., 2003 acj 505 (sc) and national insurance co. ltd. v .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : [2004(102)FLR1190],(2004)IIILLJ117HP
..... or contended that he did report for duty but was not allowed to join by the bank. nothing of the like has happened in this case. assuming that inquiry was necessitated, evidence led before the tribunal clearly showed that notice was given to delinquent and it is he who defaulted and offered no explanation of his absence from ..... lokeshwar singh panta, j.1. this writ petition under article 226/227 of the constitution of india is directed against the award dated april 1, 1997 passed by presiding judge, h.p. labour court, shimla in reference no. 129/93.2. the facts of the case are that des raj workman-respondent no. 2 herein has raised ..... abandoned the service in the present case, the findings recorded by the labour court that his services were orally terminated in violation of section 25-f of the act are unwarranted and unsustainable. the petitioner-company has given more than sufficient opportunities to the workman to resume his duty after he was found absent without sanctioned leave. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : III(2004)ACC317,II(2005)ACC514,2005ACJ600
..... taking into consideration the maximum limit as provided in the schedule to the workmen's compensation act, 1923, as the amount payable under motor vehicles act. on appeal a learned single judge of the rajasthan high court by holding that the schedule to the workmen's compensation act could not be applied and that the tribunal was obliged to determine the amount of compensation ..... , the insurer would be liable to the extent of compensation payable under the workmen's compensation act and the owner would be liable to pay the balance. in coming to the above conclusions the learned single judges had followed the decision of the division bench of the same high court in orissa state road trans. corporation v. shankar sahu, 1989 acj 867 .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2005ACJ1149
..... (c) invalid carriage; (d) light motor vehicle; (e) transport vehicle; (f) road-roller; and (g) motor vehicle of other specified description. the definition clause in section 2 of the act defines various categories of vehicles which are covered in broad types mentioned in sub-section (2) of section 10. they are 'goods carriage', 'heavy goods vehicle', 'heavy passenger motor vehicle ..... or renewed by a licensing authority shall be in form 6.'14. adopting the aforesaid harmonious construction, therefore, interspersed as it is by reading all the aforesaid provisions of the act together, in conjunction with each other, rather than reading them in isolation, or separately, independent of each other, we can perhaps also venture to observe that the expression ' ..... v.k. gupta, c.j.1. the following question of law has been referred to this full bench of three judges by a division bench of this court vide order dated 13.8.2002 passed in f.a.o. no. 74 of 1998 and in ninety-two other connected matters .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2006ACJ603
..... considered opinion insurance company could not have repudiated the claim of the appellant.10. similarly, in united india insurance co. ltd. v. jamuna bai, , the learned single judge observed as under:(6) having heard the learned counsel for the parties, this court is of the view that under the terms of the policy itself, an insurance company ..... intra-parties, plea regarding the earlier petition having been filed which precluded the respondent nos. 1 to 3-claimants from maintaining the case under the workmen's compensation act, 1923, has no merit and is accordingly rejected.16. so far plea of mr. ashok sharma, the learned counsel for the owner, that the tribunal below ..... reasonable opportunity to show-cause why such order should not be passed against him. he placed reliance on section 4-a (3) (b) proviso of workmen's compensation act, 1923.8. so far pleas urged by mr. maniktala, learned counsel for the insurance company is concerned, for the reasons to be recorded hereinafter, both must fail. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2006ACJ234
..... behalf of respondent no. 6. therefore, submission of mr. thakur to uphold the impugned award and thus to exonerate his client, is misconceived in the face of the latter three-judge bench decisions in the cases of national insurance co. ltd. v. baljit kaur : air2004sc1340 and national insurance co. ltd. v. swaran singh : air2004sc1531 .14. no other point ..... against the owner and in favour of the insurer. we have issued the aforementioned directions having regard to the scope and purport of section 168 of the motor vehicles act, 1988, in terms whereof, it is not only entitled to determine the amount of claim as put forth by the claimant for recovery thereof from the insurer, ..... air2003sc607 , to which one of us, sinha, j., was a party, however, bear repetition:'(26) in view of the changes in the relevant provisions in 1988 act vis-a-vis 1939 act, we are of the opinion that the meaning of the words 'any person' must also be attributed having regard to the context in which they have been used .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : (2004)IIILLJ1104HP
..... , 1937. on the basis of some complaint received as to the date of birth of the respondent, disciplinary proceedings were initiated against the respondent. during such inquiry the respondent was found to have been born on july 1,1921 and that a false affidavit was submitted by him as to his date of birth. the ..... 5. the respondent on september 22, 1999 approached the labour court under section 33-c(2) of the industrial disputes act, 1947 (for short: the act) pleading as under:'that in pursuance of the order of learned district judge, mandi, the applicant accordingly applied to the respondents to provide him all necessary service benefits like arrears of salary, gratuity ..... own costs throughout. decree sheet be prepared. file after completion be consigned to the record room.'3. in pursuance of the judgment passed by the learned district judge on the basis of the compromise arrived at between the parties, following payments were made to the respondent by the petitioners:(a) rs. 19,601 on account .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : [2005]57SCL225(HP)
..... a reference to the board for industrial and financial reconstruction (bifr) under the sick industrial companies (special provisions) act, 1985 (for short 'the sica') and the said reference was subsequently registered. the learned single judge adjourned the matter for 22nd april, 2004 to consider the effect of section 22 of 'the sica' consequent ..... relating to rehabilitation by giving financial assistance are to be found in section 19. the provisions for winding up of the sick industrial company after the inquiry under section 16 and on consideration of relevant facts and the circumstances have been made under section 20. the matters relating to preparation of complete inventory ..... v. state industrial & investment corpn. of maharashtra ltd. [1993]78 comp. cas. 803 held :'.. .section 22(1) provides that during the pendency of (i) an inquiry under section 16, or (n) preparation or consideration of a scheme under section 17, or (iii) an appeal under section 25, no proceedings for winding up of ' .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : III(2004)ACC307,III(2005)ACC360,2005ACJ1096
..... that this question is no more res integra, based as it is upon the interpretation of section 147 of 1988 act, to a fact situation as it stood prior to its amendment in 1994 because of the authoritative pronouncement by a three-judge bench of the apex court in case of new india assurance co. ltd. v. asha rani, 2003 acj 1 ..... (sc). section 147 (1) (b) (i) of 1988 act, as it stood before its amendment in 1994 which alone is relevant for our consideration, read ..... whereby the liability has been fastened upon the insurer appellants were bad in law, passed as these were on a misinterpretation of the above quoted legal provisions.9. a three-judge bench of the supreme court in case of national insurance co. ltd. v. baljit kaur, 2004 acj 428 (sc), dealing with the aforesaid question in the light of the ratio .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : [2005]126CompCas489(HP)
..... . r.m. suri, learned counsel appearing for state bank of india--objector respondent no. 2 has submitted that the order passed by the learned single judge is unassailable because section 22(1) of the 1985 act indeed had application to the facts and circumstances of this case and that the proceedings forming the subject-matter of company petition no. 13 of 2003 ..... decision of the reference made by the first appellant to the bifr under section 15 of the 1985 act.8. section 22(1) of the 1985 act reads thus :'suspension of legal proceedings, contracts, etc.--(1) where in respect of an industrial company, an inquiry under section 16 is pending or any scheme referred to under section 17 is under preparation or consideration .....
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