Guwahati Court March 2005 Judgments
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National Insurance Co. Ltd. Vs. Biswajit Banik and ors.
Court: Guwahati
Decided on: Mar-18-2005
I.A. Ansari, J.1. The present set of three writ petitions are against three judgments and awards, which were passed, on 21.8.2001, 7.8.2001 and 21.8.2001 by the learned Member, MACT, on analogous hearing of three claim petitions made under Section 166 of the Motor Vehicle Act, 1988, namely, TS (MAC) No. 160/99, TS(MAC) No. 157/99 and TS(MAC) No. 147/99 respectively.2. Heard Mr. A. Lodh, learned Counsel for the petitioner, and Mr. A Gon Choudhury, learned Counsel appearing on behalf of the respondent No. 4. Also heard Mr. T Ali, learned Counsel appearing on behalf of the respondent Nos. 2 and 3.3. The case of the claimant may, in brief, be stated as follows : -On 18.2.1999, at about 10 AM, when Biswajit Banik, aged about 3 1/2 years, was travelling with his mother, Bina Devi Brahma, in an auto-rickshaw bearing registration No. TRT-2089 over the Agartala Airport road, the auto-rickshaw collided against a bus bearing No. TR.1-1230, both the vehicles having been driven rashly and negligen...
Oriental Insurance Co. Ltd. Vs. Arsad Ali and ors.
Court: Guwahati
Decided on: Mar-18-2005
I.A. Ansari, J.1. Heard Mr. B. Bhattarcharjee, learned Counsel for the petitioner and Mr. M.K. Bhowmik, learned Counsel appearing on behalf of the respondents.2. By the impugned award, dated 18th August, 2001, passed in T.S. (M.A.C.) No. 138/98, the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala has awarded compensation of Rs. 1,82,000 to the claimants, who are parents of deceased Md. Ali.3. The case of the claimants may, in a nutshell, be stated, thus: Deceased Md. Ali was the son of the claimants. On 4th August, 1997, at about 7 a.m., when Md. Ali (since deceased) was returning home leaving his sister at her school, a bus bearing Registration No. TR-01-1331 came at high speed and dashed against Md. Ali causing injuries to him. The said injured succumbed to his injuries at the very place of the accident. Though Md. Ali was only 11 years old, he used to collect/procure used bottles, plastic bags, etc., and sell the same to different merchants at Agartala and e...
Swapan Kr. Paul Vs. Abala Rani Nath and ors.
Court: Guwahati
Decided on: Mar-18-2005
I.A. Ansari, J. 1. This revision has arisen out of an order, dated 27.8.1997, passed under Section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'M.V. Act'), in T.S.(MAC) No. 12/95, by the learned Member, Motor Accident Claims Tribunal (Third), North Tripura, Dharmanagar, directing the present petitioner, as the owner of the offending vehicle, to pay compensation of an amount of Rs. 50,000 to the claimants, who are 4(four) in numbers and legal representatives of deceased Ramkumar Nath, who died in a motor vehicular accident.2. I have heard Mr. D.R Choudhury, learned Counsel for the petitioner. I have also heard Mr. B. Bhattacharjee, learned Counsel for the respondent No. 2.3. While considering this revision, what needs to be noted is that the claimants-opposite parties had made an application under Section 166 of the M.V. Act seeking compensation for the death of Ramkumar Nath, who, while travelling in the offending vehicle, had died, and, pending determination o...
Birkhang Boro Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-18-2005
B.K. Sharma, J.1. This writ application has been filed for setting aside and quashing of the tender process initiated in respect of the Sand and Stone Mahal in question.2. The basic facts as narrated in the writ petition are that pursuant to the Short Sale Notice published in the newspaper on 10.9.2002 inviting tenders for sale of the Pollanadi Sand & Stone Mahal (Annexure-1) for the period of 2002-04, the petitioner submitted his tender. According to the petitioner, on the basis of the comparative statement prepared by the respondents, he was the 4th highest bidder with the offer of an amount of Rs. 5,45,000. According to the petitioner, the three bidders above him declined to pursue their offer and, thus, it was his legitimate expectation that he would get the settlement of the mahal. However, same was not to be.3. When the matter rested as above, the respondent No. 4 issued tender notice on 7.10.2003 for sale of the said mahal for the period of 2003-05. According to the petitioner,...
Renu Bala Devi and ors. Vs. Lohit Ch. Nath and ors.
Court: Guwahati
Decided on: Mar-18-2005
B.K. Sharma, J.1. This second appeal is directed against the judgment and order dated 22.12.1995 passed by the Assistant District Judge No. 1, Guwahati in Title Appeal No. 26/92 partly affirming the judgment and decree dated 10.4.1992 and 4.5.1992 respectively, Passed by the then Sadar Munsiff, Guwahati in Title Suit No. 25/87 dismissing the suit filed by the appellants.2. The facts material for the purpose of disposal of his appeal are that the appellants/plaintiffs No. 1 to 6 herein along with plaintiff No. 7 instituted Title Suit No. 25/86 in the Court of the learned Munsiff, Guwahati praying for a decree for declaration of their right, title and interest over the land described in the schedule to the plaint measuring 1 bigha, 0 katha and 4 Lechas.3. The respondents herein as the defendants contested the suit by filing written statement contending, inter alia, that they had been possessing the suit land continuously for 40 years as tenants under the plaintiffs/ appellants and that ...
Dey and Co. Vs. Union of India (Uoi) and ors.
Court: Guwahati
Decided on: Mar-18-2005
D. Biswas, C.J. (Acting) 1. By this common judgment we propose to dispose of R.F.A. Nos. 32, 33 and 34 of 2002 preferred by M/s. Dey & Co. challenging the legality and validity of the order dated 24.12.2001 passed by the learned Civil Judge (Sr. Divn.) No. 1, Silchar in Title Suit Nos. 14, 15 and 16 of 1996 respectively.2. All the three suits were filed by the appellant praying for an order of reference of the disputes relating to execution of R.C.C. construction entered into between the appellant and the respondent Railways to the arbitrator as provided by the General Terms and Conditions of Contract.3. It is submitted that the contract was completed on different dates during the period 1990 to 1993. The final bill for payment was not prepared and no payment was made despite repeated requests by the appellant-Company. Having no other alternative, the appellant issued notice invoking the arbitral clause [Clause 63(1) of the General Terms and Conditions of Contract) on 22.7.1995 which ...
Samat Kumar Mundhra Vs. Smt. Suman Kabra and anr.
Court: Guwahati
Decided on: Mar-18-2005
B.K. Sharma, J.1. While issuing notice in this case by order dated 18-2-2005, it was observed that an attempt would be made to dispose of the matter on the returnable date. The respondents have entered appearance through their learned Counsel. The matter has been heard at length.'2. The defendant in Title Suit No. 14/2004, who is the petitioner in the instant writ petition has assailed the legality and validity of the order dated 24-1-2005 passed by the trial Court dismissing the application filed by the defendant under Section 10 of the CPC read with Section 151.3. The respondents herein as the plaintiff have instituted Title Suit No. 14/2004 in the Court of Civil Judge (Junior Division) No. 1, Jorhat praying for a decree of khas and vacant possession of the suit premises. The suit has been filed for ejectment of the defendant/petitioner on ground of non-payment of monthly rent and bona fide requirements of the plaintiffs.4. The defendant/petitioner has entered appearance in the suit...
National Insurance Co. Ltd. Vs. Abdul Kuddus and ors.
Court: Guwahati
Decided on: Mar-18-2005
I.A. Ansari, J.1. By the impugned award, dated 3.2.2000, passed in TS (MAC) No. 30/99, the learned Member, Motor Accident Claims Tribunal, North Tripura, Dharma Nagar, Agartala, has awarded a sum of Rs. 1,82,000/- as compensation to the claimants for the death of their son, Mahafuj Ahammed, aged about seven years, which occurred due to rash and negligent driving of the vehicle bearing registration No. TRT-830, on 7.7.1999, at Kadamtola Rahibari road.2. I have heard Mr. P. Gautam, learned counsel for the petitioner, and Mr. PK Biswas, learned counsel, appearing on behalf of the respondents.3. It is not in dispute that the said deceased died, on 7.7.1999, on being hit by the vehicle aforementioned. The learned Tribunal has held that the said accident occurred due to rash and negligent driving by the driver of the said vehicle. This finding could not be assailed. The fact that the said deceased was 6 years 8 months is also not in dispute. In such a situation, the learned Tribunal held th...
Oriental Insurance Co. Ltd. Vs. Bina Bhattacharjee and ors.
Court: Guwahati
Decided on: Mar-18-2005
I.A. Ansari, J. 1. I have heard Mr. K. Bhattacharjee, learned counsel for the petitioner, and Mr. P.S Deb, learned counsel appearing on behalf of the respondents.2. By the impugned award, dated 18.12.1999, passed in TS (MAC) No. 456/96, the learned Member, Motor Accident Claims Tribunal, West Tripura No. 2, Agartala, has awarded a sum of Rs. 3,24,000 as compensation in favour of the claimant for the injuries sustained by him in a motor vehicular accident. Feeling aggrieved, the insurer of the offending vehicle has challenged the award in this writ petition.3. The facts giving rise to the present writ petition may, in brief, be stated as follows:The claimant (since deceased) made an application under Section 166 of the Motor Vehicle Act (hereinafter referred to as 'the MV Act'), his case being, in brief, thus: On 17.10.1995, when the claimant was boarding into the bus No. TR 01-2745 at Motor Stand Road, Agartala, the driver of the said vehicle, without taking care as to whether all the...
State of Manipur Vs. Khupkhosoi Simte and anr.
Court: Guwahati
Decided on: Mar-17-2005
T.N.K. Singh, J.1. By this writ petition, without following the procedures prescribed in the Arbitration & Conciliation Act, 1996, the petitioner is seeking a relief for quashing the award dated 26.8.2000 made by the Arbitrator, i.e., respondent No. 2 in Arbitration case No. D-1/99 and also the order of the Arbitrator dated 15.1.2000 passed in the said arbitration case.2. Heard Mr. N. Ibotombi, learned Counsel for the petitioner and Mr. M. Gourahari Singh, learned Counsel for the respondents.3. Learned counsel, Mr. M. Gourahari Singh appearing for the respondents raised a preliminary objection regarding the maintainability of the present writ petition in its factual context for the reason that in view of the specific provisions contained in the Arbitration & Conciliation Act, 1996, which is self contained, the writ petitioner, i.e., aggrieved party shall have the only option to challenge the award dated 26.8.2000 made by the Arbitrator in arbitration case No. D-1/99 under Section 34 o...
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