Jharkhand Court February 2002 Judgments
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Saleka Khatoon Vs. Sundarlal GoraIn and anr.
Court: Jharkhand
Decided on: Feb-15-2002
Reported in: II(2003)ACC471
1. On 13.4.1990. Kalimuddin Ansari, husband of appellant, Saleka Khatoon died in a motor accident. While coining on bicycle along with one Man-soor Alam on Chas-Chandankiary Road, the deceased met an accident, when a trekker (BHU-7905) dahsed against his bicycle, as a result thereof, he sustained injuries and subsequently died.2. The trekker was insured with National Insurance Company Limited at the relevant time.3. The widow of deceased filed claimapplication under Section 166 of the MotorVehicles Act. 1988 and it was established thataccident took place for the fault of driver ofthe trekker. 4. It was claimed that deceased was a skilled worker. He was working as polishman and was earning Rs. 60/- 70/- per day. However, in absence of any positive documentary evidence in this regard, tribunal on the basis of prescribed per day mininum wages at Rs. 20/- calculated annual dependency at Rs. 3,120/- after deducting 1/3 amount towards personal expenses of the deceased. Further considering ag...
Telani Guria and ors. Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-15-2002
Reported in: 2002(50)BLJR1191
ORDERTapen Sen, J. 1. In this writ, petition, the petitioners, who are students of Class-X of the Project Girls' High School, Rania- Tetari, Khunti (Ranchi), have prayed for issuance of appropriate direction upon the respondents to accept their application forms so that their names are registered for the purpose of enabling them to appear in the Annual Secondary School Examination, 2002, which is scheduled to commence from 1st March, 2002. 2. According to the petitioners, they are eligible and the respondent No, 6 after scrutinising the application forms, had instructed one senior teacher of the school to deposit the forms at the Board Office and accordingly the senior teacher had gone to the office but the Board refused to accept the same. The petitioners have stated that later on, respondent No. 6 had made a complaint before the Board on the basis whereof the Board had refused to accept the forms. In support of the aforesaid contention, the petitioners have relied upon Annexure-3 whi...
Divisional Manager, National Insurance Company Limited, Ranchi Vs. Smt ...
Court: Jharkhand
Decided on: Feb-15-2002
Reported in: I(2003)ACC460
1. In a motor accident on 10.6.1994 at Oramanjhi, a trekker (BR-14P-0459) and a track (BR-14P-9509) were involved. Trekker was claimed to be insured with National Insurance Company Limited at the relevant time.2. Compensation Case No. 124 of 1994 was filed by claimants- respondent Nos. 1 to 4 in respect of death of one Mostt, Gulabo Kuer in the said accident.3. An application under Section 140 of the Motor Vehicles Act, 1988, was filed in the said claim case. The tribunal passed interim award and directed both. National Insurance Company, insurer of truck and New India Insurance Company Limited, insurer of trekker, to pay amount of interim award of Rs. 25,000/- to the extent of half and half.4. Present appeal has been filed by insurer of the trekker challenging direction of tribunal to pay half amount (Rs. 12,500/-) of the interim award on the ground that at the time of accident said trekker was not insured with this Insurance Company.5. Tribunal considered this aspect of the matter an...
Manish JaIn @ Manish Kumar JaIn @ Manish Chandra JaIn Vs. State of Jha ...
Court: Jharkhand
Decided on: Feb-15-2002
Reported in: 2002CriLJ3980; [2006(4)JCR124(Jhr)]
Vikramaditya Prasad, J.1. This revision application is directed against the order dated 31.8.2001, passed in S.T. No. 299 of 2001, by Sri R.N. Verma, learned Special Judge-I-cum-A.J.C. 6th, Ranchi, whereby and whereunder he has rejected the prayer of the petitioner under Section 227 of the Code of Criminal Procedure for his discharge.2. To summarise the case, it may be stated here that the FIR was lodged under Section 392 of the Indian Penal Code against the four unknown persons, but subsequently some persons, namely, 1. Uday Ram @ Avinash, 2. Bajrang Munda, 3. Savitri Devi, 4. Etwa Nayak, 5. Jhari Munda and 6. Manish Kumar Jain were added and Sections 395/216/216-A of the Indian Penal Code were also added in it and charge-sheet was submitted against the aforementioned six persons under Section 395/216/216-A of the Indian Penal Code.3. It appears that during the course of investigation Vijay Munda, Uday Ram and Jhari Munda confessed their guilt before the police.4. The ground, on which...
Steel Authority of India Ltd. Vs. Smt. Nirmala Devi
Court: Jharkhand
Decided on: Feb-15-2002
Reported in: I(2003)ACC355; 2004ACJ1314; [2002(98)FLR616]
ORDER1. Rajeshwar Choud-hary. Staff No. 018227 was employed as driver in Bokaro Steel Plant. On 4.12.1995, while coming from his residence to join his duty in general shift from 8 a.m., on way at 7.30 a.m., he was shot at by some miscreants and died. 2. His widow, Nirmala Devi, filed an application for compensation under the provisions of Workmen's Compensation Act, 1923 (hereinafter referred to as the Act'). Presiding Officer, Labour Court, Bokaro Steel City, by impugned judgment and award dated 20.12.2000 granted a sum of Rs. 1,28,330/- with interest at the rate of 12% per annum payable to her as compensation under the Act. 3. Steel Authority of India, the employer challenged maintainability of the proceeding under the Act and contested on the ground that it was a case of murder and not of an accident. In the criminal case filed for his murder, his wife, Nirmala Devi, the claimant herein, was also made an accused. Besides this, the incident did not take place In course of employment ...
Nutu Nayak and ors. Vs. Manager Oriental Insurance Co. Ltd. and ors.
Court: Jharkhand
Decided on: Feb-15-2002
Reported in: I(2003)ACC310
1. Kripa Nayak, aged about 20 years, was a Bidi Worker. He died on 12.3.1992, while he was travelling in a bus (BPN-8460) from Bharnia to Padampur. On the way near village Burudih-Rangatungri, the said bus met an accident, as a result of which, Kripa Nayak sustained injuries and died.2. The bus was insured with Oriental Insurance Company Limited at the relevant time and it was established that accident took place for the fault of driver or bus.3. The Tribunal on a claim application filed by legal representatives of thedeceased, assessed annual dependency atRs. 6800/- and applied ten multiplierthereto and thus a sum of Rs. 68,000/- wasassessed as compensation amount payableto them. 4. On the ratio of decision of the apex Court in General Manager, Kerala State Road Transport Corporation v. Susamma Thomas and others, AIR 1994 SC 1631, we find no reason to interfere with the impugned judgment and award.5. In the result, the appeal is dismissed,but without costs....
Vijay Kumar Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Feb-15-2002
Reported in: 2002(1)BLJR532
D.N. Prasad, J.1. This is an application under Sections 397 and 401 of the Code of Criminal Procedure against the order dated 21-12-2001 passed by the Sessions Judge, Hazaribagh, in Sessions Trial No. 116 of 2001 by which the learned Sessions Judge rejected the prayer for discharge of the petitioner.2. The facts giving rise to this revision application is that Opposite Party No. 2 (Amna Khatoon) filed a complaint case bearing Complaint Case No. 406 of 2000 before the Chief Judicial Magistrate, Hazaribagh forthe offence under Sections 376/420 of Indian Penal Code which was sent to the Officer-in-Charge of the concerned police station for registration of the First Information Report and investigation under Section 156(3) of the Code of Criminal Procedure.3. It has been alleged that in the month of July 1992, when the victim Amna Khatoon was present in her house alone, the petitioner entered into her house and committed rape forcibly. It is further alleged that when the victim started wee...
Gulam Ali Mian and Charka Mian Alias Charka Mian and ors. Vs. the of S ...
Court: Jharkhand
Decided on: Feb-15-2002
Reported in: 2002(1)BLJR579
S.J. Mukhopadhaya, J.1. All the three appellants, namely, gulam Ali Mian alias Charka Mian, Basiruddin Ansari (Cr. Appeal No. 2 of 1989) and Jamiruddin Ansari (Cr. Appeal No. 58 of 1989) have challenged the common judgment dated 17th December, 1998, passed by learned 2nd Additional Sessions Judge, Giridih, in Session Trial No. 61 of 1987. Appellant Gulam Ali Mian alias Charka Mian has been convicted under Sections 302 and 109 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life whereas appellants Basiruddin Ansari and Jamiruddin Ansari have been convicted under Section 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. Appellants Gulam Ali Mian and Basiruddin Ansari have further been convicted under Section 323 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six months. However, the sentences passed against appellants Gulam Ali Mian and Basiruddin Ansari have been directed to run concurrently....
Nutu Nayak and ors. Vs. Manager, Oriental Insurance Co. Ltd. and ors.
Court: Jharkhand
Decided on: Feb-15-2002
Reported in: III(2003)ACC261
Gurusharan Sharma, J.1. Kripa Nayak, aged about 20 years, was a Bidi Worker. He died on 12.3.1992, while he was travelling in a bus (BPN-8460) from Bharnia to Padampur. On the way near village Burudih-Rangatungri, the said bus met with an accident, as a result of which, Kripa Nayak sustained injuries and died.2. The bus was insured with Oriental Insurance Company Limited at the relevant time and it was established that accident took place for the fault of driver or bus.3. The Tribunal on a claim application filed by legal representatives of the deceased, assessed annual dependency at Rs. 6,800/- and applied ten multiplier thereto and thus a sum of Rs. 68,000/- was assessed as compensation amount payable to them.4. On the ratio of decision of the Apex Court in General Manager, Kerala State Road Transport Corporation v. Susamma Thomas and Ors. : AIR1994SC1631 we find no reason to interfere with the impugned judgment and award.5. In the result, the appeal is dismissed, but without costs....
General Manager, South Eastern Railway and ors. Vs. Shri Abdul Wahid
Court: Jharkhand
Decided on: Feb-14-2002
Reported in: 2003ACJ1197; (2002)IIILLJ615Jhar
1. Abdul Wahid was employed as Master Crafts Man in South Eastern Railway and was working under Senior Divisional Electrical Engineer at Electric Loco Shed, Tatanagar.2. On 28.3.1990, his duty period was from 7 am. to 4.30 p.m. During lunch break between 11 am. to 12.30 p.m. he had gone to his residence and while coming back to his duty at 12.30 p.m.. on the way at railway level crossing, he was struck down by an electric loco and sustained injuries.3. On his application made under the provisions of the Workmen's Compensation Act. 1923. Presiding Officer. Labour Court. Jamshedpur, assessed a lumpsum amount of Rs. 45,000/- payable to him as compensation under the Act with interest @ 6% per annum from the date of accident till payment.4. General Manager. South Eastern Railway, has filed the present appeal under Section 30 of the Act. challenging the aforesaid judgment and award.5. Mr. S. Bose. Counsel for appellants, submitted that in view of the fact that respondent sustained injuries o...
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