Guwahati Court January 1987 Judgments

K. Vungzalian Vs. J.F. Rathangliana and ors.

Court: Guwahati

T.C. Das, J. 1. The election petitioner Shri. K. Vungzalian has challenged the Manipur egislative Assembly Election result declaring the respondent No. 1 to be the returned candidate from 58-Churachandpur (ST) Assembly Constituency. The election was held by the end of the year 1984 and the result declaring the respondent No. 1 as elected member of Manipur Legislative Assembly was announced on 31st December, 1984, According to the Manipur Gazette Notification dated 20th Nov. 1984, Nov. 27, 1984 was the last date for making nominations; Nov. 28, 1984 was the last date for scrutiny of nominations; Nov. 30, 1984 was the last date for withdrawal of candidature; and Dec. 27, 1984 was the date for poll. Along with the petitioner, several candidates submitted their nominations and they are arraigned as respondent Nos. 1 to 8 in this election petition. The petitioner presented this election petition in this Court on 11th Feb. 1985 through a learned counsel. On scrutiny of the petition, the re...

The Oriental Fire and General Insurance Company Vs. Smt. Nani Bala Dev ...

Court: Guwahati

B.L. Hansaria, J. 1. These cases have raised a question of general importance which is related to granting of compensation under the provisions of the Workmen's Compensation Act, 1923, hereinafter the Workmen's Act. The question is whether an insurance company can be directed to pay the compensation awarded to a workman. 2. The facts which need be noted are these. Deceased Tarini was employed as handyman-cum-cleaner of truck No. ASU 3181 which was owned by the respondent/opposite party No. 2 Shri Ghewar Chand Jain who had insured his vehicle with the appellant as required by the provisions of the Motor Vehicles Act, 1939, hereinafter the MV Act. The workman had sustained injuries in an accident arising out of, and in the course of, his employment. The accident had taken place on 14-3-78 and the workman succumbed to his injuries on 21-3-78. The Commissioner appointed under the provisions of the Workmen's Act was approached by the widow of the deceased claiming a sum of Rs. 18,000/- as ...

The Oriental Fire and General Insurance Company Vs. Nani Bala Devi and ...

Court: Guwahati

B.L. Hansaria, J.1. These cases have raised a question of general importance which is related to granting of compensation under the provisions of the Workmen's Compensation Act, 1923, hereinafter the Workmen's Act. The question is whether an insurance company can be directed to pay the compensation awarded to a workman.2. The facts which need be noted are these. Deceased Tarini was employed as handyman-cum-cleaner of truck No. ASU 3181 which was owned by the respondent/opposite party No. 2 Shri Ghewar Chand Jain who had insured his vehicle with the appellant as required by the provisions of the Motor Vehicles Act, 1939, hereinafter the MV Act. The Workman had sustained injuries in an accident arising out of, and in the course of, his employment. The accident had taken place on 14-3-78 and the workman succumbed to his injuries on 21-3-78. The Commissioner appointed under the provisions of the Workmen's Act was approached by the widow of the deceased claiming a sum of Rs. 18,000/- as co...

The Oriental Fire and General Insurance Company Vs. Smt. Nani Bala Dev ...

Court: Guwahati

Reported in: I(1987)ACC553,[1989]65CompCas609(Gauhati)

B.L. Hansaria, J.1. These cases have raised a question of general importance which is related to granting of compensation under the provisions of the Workmen's Compensation Act, 1923, hereinafter the Workmen's Act. The question is whether an insurance company can be directed to pay the compensation awarded to a workman.2. The facts which need be noted are these. Deceased Tarini was employed as handyman-cum-cleaner of truck No. ASU 3181 which was owned by the respondent/opposite party No. 2 Shri Ghewar Chand Jain who had insured his vehicle with the appellant as required by the provisions of the Motor Vehicles Act, 1939, hereinafter the MV Act. The workman had sustained injuries in an accident arising out of, and in the course of, his employment. The accident had taken place on 14-3-78 and the workman succumbed to his injuries on 21-3-78. The Commissioner appointed under the provisions of the Workmen's Act was approached by the widow of the deceased claiming a sum of Rs. 18,000/- as com...