Court : Himachal Pradesh
Reported in : IV(2005)ACC52,2006ACJ959
..... on 2.5.1990. in the meantime on 19.4.1990 the accident took place. a three-judge bench of apex court considered the provisions of section 64-vb of the insurance act as well as sections 147 and 149 of the motor vehicles act. the apex court held that the observations in the case of united india insurance co. ltd. ..... third party against the insurer.the apex court followed the judgment in inderjit kaur's case, : (1998)1scc371 and held thus:(11) this decision, which is a three-judge bench decision, squarely covers the present case also. the subsequent cancellation of the insurance policy in the instant case on the ground that the cheque through which premium was paid ..... amount awarded was less than rs. 10,000. the appellant insured preferred a petition under article 227 of the constitution of india. this petition was decided by a single judge of this court in case titled asmittar singh v. ashish kumar . the relevant observations of this court are as follows:(14) it may be noticed here that the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : II(2006)ACC125
..... feigns ignorance' about the nature of the case and the result thereof. he does not even remember whether this case was filed by him in the court of sub judge, solan or somewhere else. he also does not remember he withdrew this case. he has denied the suggestion that he had in fact married lalita prior to marrying alice ..... 9. before examining rival contentions of the parties and the evidence led in the case it would be appropriate to refer to section 166(1) of the motor vehicles act, 1988 which is relevant for the questions raised in this case, which reads as follows:166. application for compensation.--(1) an application for b compensation arising out ..... . it was alleged that lalita sharma was treating the deceased like her elder son.4. the insurance company filed an application under section 170 of the motor vehicles act for permitting it to contest the case on all grounds. this application was allowed vide order dated 30th december, 1996.5. the tribunal came to the conclusion that .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : IV(2005)ACC383,2007ACJ392
..... the benefit as available on the date of adjudication should be extended to the workmen and not the compensation which was payable on the date of accident. the two-judge bench in neelakandan's case (supra), however, did not take notice of the judgment of the larger bench in pratap narain singh deo's case 1976 acj 141 ( ..... of amended provision and/or had intended to make the amended provision applicable retrospectively, nothing prevented it to have made a provision in that behalf in the amended act itself. it may also be observed that legislature is presumed to be well aware regarding cases pending for grant of compensation on the date when the amendment came ..... urged by mr. ghosh to uphold the compensation awarded by the commissioner, cannot be accepted.5. it is by now well settled that under the provisions of the act if an employer is held liable for payment of compensation, he incurs financial liability. therefore, rights of the parties are fructified on the date of accident. in case .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : IV(2005)ACC373,2007ACJ131
..... respondent and the said fact was not denied, therefore, the insurance company is liable to pay the compensation. tribunal has relied upon a judgment delivered by a single judge of punjab and haryana high court in case of kusum sood v. united india insurance co. ltd. . the relevant portion of this judgment reads as follows:(8 ..... amount from the owner of the vehicle and, therefore, insurance was made compulsory so that the claimants could get their claims from the companies. however, the act does not require that the policy necessarily cover risk to the owner himself. some policies which in common parlance are termed as comprehensive policies cover various types of ..... appearing on behalf of insurance company has contended that the aforementioned judgment does not lay down the correct law. he submits that as per the scheme of the act, insurance company is to indemnify the insured for the compensation payable by him. therefore, the death or injury of the insured himself can never be covered under .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : IV(2005)ACC363,2006ACJ1810
..... employed as a helper in iandph division, bilaspur. it is totally unbelievable that these persons, while being the members of the marriage party, were offered some wages to act as labourers for loading or unloading dowry articles by the father of the bridegroom and they had accepted the same.17. having returned the finding, on reappraisal of ..... vehicle is not required to be covered by the policy, under section 147 of the motor vehicles act, 1988, as it stood prior to the amendment of the said provision, by amending act of 1994. the argument is supported by a judgment of three judges' bench of the hon'ble supreme court in new india assurance co. ltd. v. asha ..... rani : air2003sc607 . in the said judgment it has been authoritatively declared that section 147 of motor vehicles act of 1988, as it stood prior .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : IV(2005)ACC688,III(2006)ACC395,2006ACJ2732
..... has considered both the unamended as well as the amended provisions of the act in a number of cases. the law with regard to the liability of the insurance company in respect of passengers being carried in a goods vehicle is now settled. a three-judge bench of apex court in new india assurance co. ltd. v. asha ..... rani : air2003sc607 , 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 the context of the unamended act. the apex court overruled ..... in respect of both drivers and conductors of public service vehicle and employees carried in goods vehicle would be limited to liability under workmen's compensation act, 1923 (in short 'wc act'). there is no reference to any passenger in 'goods carriage'.15. following the aforesaid judgments, a similar view was taken by the supreme court .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2006CriLJ98
..... but that the necessity of corroboration, as a matter of prudence, except where the circumstances make it safe to dispense with it, must be present to the mind of the judge.... 12. to insist on corroboration except in the rarest of rare cases is to equate one who is a victim of the lust of another with an accomplice to a ..... want to say anything else?ans. that boy was the resident of bihar and he had illicit relations with my daughter and when i stopped my daughter from committing illegal act then he instituted false case against me. i have been falsely implicated in this case.22. now coming to the first submission of shri thakur that there is unexplained ..... abused by her own father. witness was suffering due to fever, which subsided after 10 days. thereafter she took her to up-pradhan, amar nath. this witness narrated this act of the appellant to the wife of the up-pradhan because she could not disclose such facts to him. this witness besides other things had stated in her cross-examination .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : IV(2005)ACC709,2007ACJ1061
..... assessment, as best as can, in the circumstances, be made. in the case of mediana (1900) ac 113, lord halsbury held:of course the whole region of inquiry into damages is one of extreme difficulty. you very often cannot even lay down any principle upon which you can give damages; nevertheless, it is remitted to the jury, ..... replace something else of like nature which has been destroyed or lost. but money cannot renew a physical frame that has been battered and shattered. all that the judges and courts can do is to award sums which must be regarded as giving reasonable compensation. in the process there must be the endeavour to secure some uniformity ..... foot was crushed. the tribunal has rightly held the driver to be negligent.7. the principles with regard to determination of just compensation contemplated under the motor vehicles act are well settled. injuries cause deprivation to the body which entitles the claimant to claim the damages. the damages may vary according to the gravity of the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2006(1)ShimLC33
..... the evidence he found that the evidence of the prosecution does not inspire confidence nor the medical evidence supports the version of the prosecution.5. learned trial judge found that even though promod kumar stated that it was madan bhandari, kamlender bhandari, prashant bhandari and baldev bhandari accompanied by another 25 persons came to ..... recorded. lateron, he made a complaint to the superintendent of police at nahan and that is how the case came to be registered.4. learned trial judge found the evidence led by the prosecution discrepant and unworthy of reliance. he noticed several contradictions, improvements in the testimony of the prosecution. on the appreciation ..... 35-40 persons. learned trial judge also found that the testimony of promod kumar is not corroborated by other evidence on record. the conviction could not be based on the evidence which found to be lacking credibility.6. this apart, under rule-7 of rules framed under the atrocities act, the investigation of a case .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : IV(2005)ACC674,2006ACJ1831,AIR2006HP49
..... a view would render violence upon the intention of the legislature.25. the apex court in malla prakasarao v. malla janaki : (2004)3scc343 , decided by a three judge bench, held as follows :1. it is not disputed that the driving licence of the driver of the vehicle had expired on 20-11-1982 and the driver did ..... licence shall, notwithstanding its expiry under this subsection, continue to be effective for a period of thirty days from such expiry.12. section 15 of the motor vehicles act provides for renewal of driving licenses. section 15(1), insofar as it is relevant to the present case, reads as follows :15(1) any licensing authority may, ..... or by any person who has been disqualified for holding or obtaining a driving licence during the period of disqualification; or8. section 2(10) of the motor vehicles act defines driving license as follows :2(10) 'driving licence' means the licence issued by a competent authority under chapter ii authorizing the person specified therein to drive, .....
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