Himachal Pradesh High Court
State Of H.P. Through vs Fundi Devi And Others on 5 May, 2022
Bench: Tarlok Singh Chauhan
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 5th DAY OF MAY, 2022
.
BEFORE
HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
FIRST APPEAL FROM ORDER NO. 244 OF 2014 A/W FIRST APPEAL
FROM ORDER NOS. 250, 252 AND 253 OF 2014
FIRST APPEAL FROM ORDER NO. 244 OF 2014
Between:-
STATE OF H.P. THROUGH
SECRETARY HPPWD TO THE
GOVT. OF H.P., SHIMLA-171002.
...APPELLANT
1. SMT. CHANTI DEVI WIFE OF LATE
SH. MEHAR SINGH.
2. KUMARI PRABA DEVI DAUGHTER
OF LATE SH. MEHAR SINGH
(MINOR)
3. KUMARI AJEET SON OF LATE SH.
MEHAR SINGH (MINOR)
4. KUMARI SUREKHA DAUGHTER OF
LATE SH. MEHAR SINGH (MINOR)
5. MASTER AMEET SON OF LATE SH.
MEHART SINGH (MINOR)
6. MASTER PANKAJ SON OF SH.
MEHAR SINGH (MINOR)
7. SMT. KANU DEVI WIFE OF SH.
NANDRU (MOTHER OF
DECEASED)
...NON-APPLICANTS/RESPONDENTS
8. SH. ISHWAR SINGH SON OF SH.
SURAT SINGH R/O VILLAGE
JARWA, P.O. RUSLAH, TEHSIL
CHOPAL DISTRICT SHIMLA
9ONWER OF TRUCK NO. HP-08-
0755).
9. NEW INDIA ASSURANCE
COMPANY LIMITED THROUGH ITS
DIVISIONAL MANAGER, SDA
COMPLEX SHIMLA-171 009.
.
...PROFORMA RESPONDENTS
FIRST APPEAL FROM ORDER NO. 250 OF 2014
Between:-
STATE OF H.P. THROUGH
SECRETARY HPPWD TO THE
GOVT. OF H.P., SHIMLA-171002.
...APPELLANT
1. SMT. NIRMALA DEVI W/O LATE
SH. KEDIYA.
2. MASTER KAPIL (MINOR) SON OF
LATE SHRI KEDIYA
3. MASTER SAHIL (MINOR) S/O LATE
SHRI KEDIYA
4. MASTER YASHPAL (MINOR) S/O
LATE SH. KEDIYA
THROUGH THEIR MOTHER AND
NATURAL GUARDIAN SMT.
NIRMLA DEVI PETITIONER NO. 1.
5. SMT. KANU DEVI W/O SH.
NANDRU (MOTHER OF
DECEASED).
ALL RESIDENTS OF VILLAGE,
KAWALTY, P.O. TIKKARI, TEHSIL
CHOPAL, DISTT. SHIMLA, H.P.
...PETITIONERS/RESPONDENTS
6. ISHWAR SINGH S/O SH. SURAT
SINGH, RESIDENT OF VILALGE
JARWA, P.O. RUSLA, TEHSIL
CHOPAL, DSTT. SHIMLA, H.P.
(OWNER OF THE TRUCK NO. HP-
08-755)
7. NEW INDIA ASSURANCE CO.
LIMITED THROUGH ITS
DIVISIONAL MANAGER, SDA
COMPLEX SHIMLA-9
...PROFORMA RESPONDENTS
FIRST APPEAL FROM ORDER NO. 252 OF 2014
Between:-
.
STATE OF H.P. THROUGH
SECRETARY PWD TO THE GOVT.
OF H.P., SHIMLA.
...APPELLANT
AND
1. SMT. MURTU DEVI W/O LATE SH.
DHARAM SINGH
2. MS. BABLI DEVI D/O LATE SH.
DHARAM SINGH
3. MS. SATYA D/O LATE SH.
DHARAM SINGH
4. KUMARI MAMTA D/O LATE SH.
DHARAM SINGH
5. KUMARI ANJALI (MINOR) D/O
LATE SH. DHARAM SINGH
6. KUMARI SHEETAL (MINOR) D/O
LATE SH. DHARAM SINGH.
7. MASTER LOKINDER (MINOR) SON
OF LATE SHRI DHARAM SINGH.
8. MASTER YOGINDER (MINOR) SON
OF DHARAM SINGH.
THROUGH THEIR MOTHER AND
NATURAL GUARDIAN SMT.
MURTU DEVI PETITIONER NO. 1.
9. SMT. KANU DEVI WIFE OF SH.
NANDRU (MOTHER OF
DECEASED)
ALL RESIDENTS OF VILLAGE
KAWALTY, P.O. TIKKARI, TEHSIL
CHOPAL, DISTT. SHIMLA, H.P.
...PETITIONERS/RESPONDENTS
10. SH. ISHWAR SINGH SON OF SH.
SURAT SINGH R/O VILLAGE
JARWA, P.O. RUSLAH, TEHSIL
CHOPAL DISTRICT SHIMLA
(ONWER OF TRUCK NO. HP-08-
0755).
11. NEW INDIA ASSURANCE
COMPANY LIMITED THROUGH ITS
DIVISIONAL MANAGER, SDA
COMPLEX SHIMLA-171 009.
.
... PROFORMA RESPONDENTS
FIRST APPEAL FROM ORDER NO. 253 OF 2014
Between:-
STATE OF H.P. THROUGH
SECRETARY HPPWD TO THE
GOVT. OF H.P., SHIMLA-171002.
...APPELLANT
1. SMT. VANOO DEVI WIFE OF LATE
SH. SUKH RAM SUKHIA
2. KUMARI SULAKSHNA MINOR
DAUGHTER OF LATE SH. SUKH
RAM ALIAS SUKHIA
3. KUMARI SUSHMA MINOR
DAUGHER OF LATE SH. SUKH
RAM ALIAS SUKHIA.
4. KUMARI ANITA MINOR
DAUGHTER OF LATE SH. SUKH
RAM ALIAS SUKHIA.
5. MASTER KAMLESH MINOR
DAUGHTER OF LATE SH. SUKH
RAM ALIAS SUKHIA.
6. MASTER DARSHAN LAL MINOR
SON OF LATE SH. SUKH RAM
ALIAS SUKHIA
7. MASTER VIPAN MINOR SON OF
LATE SH. SUKH RAM ALIAS
SUKHIA.
MINOR RESPONDENTS NO. 2 TO
7 THROUGH THEIR MOTHER AND
NATURAL GUARDIAN SMT. VANOO
DEVI PETITIONER NO. 1.
8. SMT. JAWAN DEVI WIFE OF SH.
SADH RAM (MOTHER OF
DECEASED)
ALL RESIDENT OF VILLAGE FADEZ
P.O. ATTAL, TEHSIL TUENI,
DISTRICT DEHRADUN,
UTTRAKHAND
...NON-APPLICANTS/ RESPONDENTS
.
9. SH. ISHWAR SINGH SON OF SH.
SURAT SINGH R/O VILLAGE
JARWA, P.O. RUSLAH, TEHSIL
CHOPAL DISTRICT SHIMLA
(ONWER OF TRUCK NO. HP-08-
0755).
10. NEW INDIA ASSURANCE
COMPANY LIMITED THROUGH ITS
DIVISIONAL MANAGER, SDA
COMPLEX SHIMLA-171 009.
... PROFORMA RESPONDENTS
(SH. ASHOK SHARMA, A.G. WITH
SH. RAJINDER DOGRA, SR. ADDL.
A.G., SH. VINOD THAKUR, ADDL.
A.G. AND SH. RAJAT CHAUHAN,
LAW OFFICER, FOR THE
APPELLANT(S).
(SH. MANISH GUPTA, ADVOCATE,
FOR THE RESPECTIVE
RESPONDENTS.
SH. SUNEET GOEL, ADVOCATE,
FOR OWNER OF THE TRUCK.
SH. B.M. CHAUHAN, SR. AVOCATE
WITH SH. AMIT HIMALVI,
ADVOCATE, FOR NEW INDIA
INSURANCE COMPANY LTD.)
This appeals coming on for orders this day, the Court passed the
following:-
ORDER
On 28.04.2022, this Court passed the following
order:-
"Even though the case is listed for consideration of
the application for release of the amount, yet it is
pointed out by learned counsel for respondents No. 1
to 7 that the issue in question is squarely covered by
the judgment rendered by a Coordinate Bench of this
.
Court in State of H.P. vs. Fundi Devi and others,
Latest HLJ 2013 (HP) 1452. List on 05.05.2022 along
with FAO Nos. 250, 252 and 253 of 2014."
2. It would be noticed that the issue in question is
squarely covered by the judgment rendered by Coordinate Bench
of this Court in a batch of petitions lead case whereof State of
H.P. vs. Fundi Devi & Ors. Latest HLJ 2013 (HP) 1452
whereby as many as 23 appeals were decided by way of a
common judgment.
3. Once the issue is conclusively decided by the
Coordinate Bench, it is not open for this Court to take a different
view of the matter, more especially, I find no reason to take a
different view based upon the pleadings and the evidence led by
the parties.
4. Therefore, for the reasons stated in the aforesaid
discussion, which shall be read mutatis mutandi to the present
case, I find the Coordinate Bench has rightly held the
appellant(s) to be liable to pay the compensation. The
compensation so awarded in all the cases is in accordance with
law and even the multiplier that has been applied, is clearly in
consonance with the judgment rendered by the Hon'ble Supreme
Court in National Insurance Co. Ltd. vs. Pranay Sethi &
Ors. (2017) ACJ 2700.
.
5. Consequently, there is no merit in these appeals and
the same are accordingly dismissed, so also pending
applications, if any.
CMP No. 1595 of 2021 in FAO No. 244 of 2014
This application has been filed by the
applicants/claimants for release of the compensation amount.
In view of the dismissal of the appeal filed by the
appellant, let the entire amount deposited in the Registry of this
Court alongwith proportionate upto date interest be released in
favour of the claimants/respondents No. 1 to 7, as per their
shares, by remitting the same to their respective bank accounts,
as given in para-5 of the application. Application stands disposed
of.
(Tarlok Singh Chauhan)
Judge
5th May, 2022
(sanjeev)
