Guwahati Court June 1993 Judgments
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Smt. Jhulan Rani Saha Vs. the National Insurance Company and ors.
Court: Guwahati
Decided on: Jun-15-1993
Bhat, C.J. 1. Claimant in T.S. (MACT) 28/89 on the file of Second Motor Accident Claims Tribunal, West Tripura, District Agartala, being dissatisfied with the quantum of compensation awarded by the Tribunal has filed the appeal.2. The claimant, mother of Prabash Saha, filed the application under Section 110A of the Motor Vehicles Act, 1939 (for short, the Act) claiming Rs. 9,14,000/- as compensation for the death of her son in a motor vehicle accident involving stage carriage vehicle bearing registration No. TRS 209 at 12 noon on 14-7-1986 near the bus stand in the Airport Road, Agartala on the allegation that the vehicle driven at an excessive speed and rash' and negligent manner knocked him down and the front left wheel of the vehicle ran over and killed him instantaneously. The claim was opposed by the insurer of the vehicle. Tribunal awarded Rs. 1,29,600/- (less Rs. 15,000/- already paid) as compensation and directed the insurer to pay the amount with interest at 12 per cent per ...
Smt. Monomoyee Barmani Vs. Smt. Upeswari Barmani and ors.
Court: Guwahati
Decided on: Jun-14-1993
J. Sangma, J. 1. The plaintiff brought this appeal from the judgment dated 20-8-1985 passed by Shri R.K. Bora, Assistant District Judge, Dhubri, in T.A. No. 75/83 and the judgment dated 20-7-1983 of Shri B. P. Sarma, Munsiff No. 3, Dhubri in T.S. No. 89/81 as both of them have dismissed the plaintiffs suit. 2. The suit was instituted on 17-2-1981. In brief the facts of the case are as follows: Three brothers, namely, Atya, Satya and Nitya-nanda were the owners of land measuring 35B 8K 18 dhors at village Vidyapara under Gauripur Raj Estate and they held the land ejmali in equal shares of 10 bighas. From out of 35B odd, 10B had been sold to one Uma Nath Seal who obtained separate khatian for that 10B. For the remaining 25B IK 17L-7B 2K 7L was recorded under khatian No. 72 and 17B 4K 10L was recorded under khatian No.78. An are a of lB3K 17L out of 7B 2K 7L and 9B 3K 14L out of 17B 4K 10L were in possession of tenants who also had tenant's khatian for them, (sic) 8B OK 16L remained in...
Subhash Gope and anr. Vs. Utpal Nandi and anr.
Court: Guwahati
Decided on: Jun-08-1993
U.L. Bhat, C.J. 1. This writ appeal is filed against the judgment of the learned single Judge of this Court allowing the writ petition in Civil Rule No. 2825 of 1992. We have heard learned counsel for the appellants. We find it unnecessary to issue notice to the other side. 2. We are concerned in this case about the Constitution of Municipal Board, Dhekiajuli. Under Section 11(3) of the Assam Municipal Act, 1956 (for short, the Act), ten Commissioners were elected by the electors and two, namely, appellants, were nominated by the State Government. These twelve Commissioners were to meet and elect the Chairman, and Vice-Chairman of the Board. At that stage one of the elected Commissioners filed the writ petition challenging the nomination of the appellants as Commissioners. The first appellant was nominated on the ground that he is a member of other socially and educationally Backward Classes (OBC), the second appellant was nominated as a member belonging to Scheduled Castes (SC). Th...
Smt. Muhini Thakuria and ors. Vs. Dhiraj Kalita and ors.
Court: Guwahati
Decided on: Jun-08-1993
Bhat, C.J. 1. Claimants in MAC Case No. 54 (K)/86 on the file of the Motor Accident Claims Tribunal, Kamrup, Guwa-hati are the appellants herein. Respondents are the owner, driver and insurer of truck No. NLA. 2231. 2. Uttam Chandra Thakura, eldest son of the first appellant and the elder brother of appellants 2 and 3, while walking from North to South on the extreme left side of the PWD Road at Choudhary Khat at 2.30 p.m. on 7-1-1986, was hit from behind and run over by the truck, which also came from North to South. He sustained serious injuries and died instantaneously. P.Ws. 1 and 4, who witnessed the occurrence, gave information at the house of the victim. The first appellant rushed to the scene and found her son dead any lying in a pool of blood. The local police came to the scene. The dead body was sent to the local hospital for post mortem examination, which was done by P.W. 5. A case was registered against the driver of the truck and after investigation, charge-sheet was fi...
Sri Santi Ram Sarma Vs. Smt. Kanaklata Devi
Court: Guwahati
Decided on: Jun-03-1993
Manisana, J.1. In this application under Section 482, Cr.P.C, the petitioner has challenged an order of the Sessions Judge, Darrang made on 27-2-1986 in CM No. 249(D-2)85 arising from the order of the Magistrate of the First Class, Mangaldoi made in Misc. Case No. 59 of 1980, under Section 125, Cr.P.C.2. Facts, - Kanaklata Devi instituted Misc. Case No. 59 of 1980 under Section 125, Cr.P.C, in the Court of Judicial Magistrate of the First Class, Mangaldoi against her husband Santi Ram Sarma. The Magistrate awarded the wife a sum of Rs. 100/- as monthly maintenance allowance from the date of passing the order. Against that order, the husband filed CM No. 249(D-2)85 before the Sessions Judge. The Sessions Judge while dismissing the revision petition enhanced the award of maintenance of Rs. 100/- to Rs. 200/- - hence this petition by the husband.3. Mr. Munir, learned counsel for the petitioner, has contnded that enhancement of award of maintenance was made without giving the petitioner a...
Smt. Sumati Debnath Vs. Sunil Kumar Sen and anr.
Court: Guwahati
Decided on: Jun-01-1993
N.G. Das, J. 1. This appeal under Section 110D of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) is directed against the judgment and award passed by the Second Member of the Motor Accident Claims Tribunal, Agartala in Title Suit No. 5 (Motor Accident) of 1978 dismissing the claim petition. 2. Put very shortly, the facts leading to this appeal are that on 5-2-1978 deceased Ratan Debanth who was 16 years of age at that time was coming from Bishalgarh to Agartala in a Minibus bearing No. TRS-371 along Bishalgarh Agartala Road and when the vehicle reached near Harishnagar Tea Estate it suddenly went out of the road and virtually over-turned causing severe injuries on Ratan Debnath and a few other passengers. Soon after the accident Ratan Debnath and a few other injured were removed to G.B. Hospital at Agartala but unfortunately on 9-2-1978 Ratan Debnath expired. It was alleged that the accident occurred on account of negligent and rash driving. 3. The mother of the de...
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