Jharkhand Court February 2002 Judgments
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Santosh Kumar Sultania and anr. Vs. Ratanlal Surajmal and ors.
Court: Jharkhand
Decided on: Feb-07-2002
Reported in: I(2003)ACC456; 2004ACJ1375
ORDER1. Admittedly Manoharlal Sultenia of Mohalla Tambaku Patti of Chai-basa town left behind three sons, Santosh Kumar Sultania, Balram Prasad Sultania and Krishna Kumar Sultania.2. On 15.7.1986, Krishna Kumar Sultania, who was aged about 21 - 1/2 years and was unmarried, while coming from Ranchi to Chaibasa on a Jeep (BRS-6471) died, when a Bus (BHN-9915) coming from opposite direction in a very high speed dashed the Jeep.3. Parents of the deceased were not alive. His two brothers filed claim application under Section 110A of the Motor Vehicles Act, 1939, for compensation.4. The Tribunal by impugned judgment and award dated 29.1.1997 held that claimants were not dependent on earnings of the deceased and, therefore, they were not entitled to receive any compensation under the head 'loss of the dependency'. It was further held that claimants were entitle to compensation only under the head' for loss of estate and allowed only Rs. 15000/- which they had already receive earlier by way of...
Indian Iron and Steel Co. Ltd. Vs. Union of India (Uoi) and ors.
Court: Jharkhand
Decided on: Feb-07-2002
Reported in: [2003(96)FLR723]
ORDER1. These Letters Patent Appeals under clause 10 of the Letters Patent have been filed against the judgment dated 22.2.2001 passed by the learned single Judge in CWJC No. 745 of 2001, whereby the learned single Judge has dismissed the writ application filed by the appellant, thus upholding the correctness, legality and validity of the impugned notification issued on 22.12 2002, in terms of Section 10(1) of the Contract Labour (Regulation Abolition) Act, 1970. The judgment under challenge in these appeals being very short is reproduced herein below :--'22.2.2001. Heard the parties.The petitioner has challenged the notification dated 27.12.2000 issued by Government of India, in exercise of the power conferred under Section 10(1) of the Contract Labour (Regulation & Abolition) Act, 1970, whereby the employment of contract labour for raising and breaking of iron-ore in the establishment of Manoharpur Mines of Steel Authority of India Ltd. has been prohibited.It appears that matter was ...
NawazzuddIn Ansari Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Feb-07-2002
Reported in: 2003(2)BLJR1230; 2003CriLJ2084
Hari Shankar Prasad, J.1. This writ application under Articles 226 and 227 of the Constitution of India has been filed for issuance of an appropriate order/direction for quashing the order dated 7-9-2002 passed in respondent No. 1 of 2002, whereby the Designated Authority-cum-Commissioner under the Act rejected the representation of the petitioner.2. Case of the petitioner is that a case bearing Latehar P.S. Case No. 70/2002 under Sections 420/120-B and 379 IRC and Sections 3, 4, 5, 20 and 22 of the Prevention of Terrorism Act (hereinafter referred to as 'POTA') was registered. In connection with investigation of this case, the I.O. of the case searched the godown of the petitioner and sealed the same. The petitioner earlier filed a W.P. (Cr.) No. 247/2002, wherein an order was passed on 19-8-2002 whereby petitioner was directed to approach the designated authority for appropriate relief and the petitioner approached the appropriate authority and filed a representation for appropriate ...
Smt. Gulabi Devi and ors. Vs. Md. Moean and ors.
Court: Jharkhand
Decided on: Feb-06-2002
Reported in: II(2003)ACC593
ORDER1. Heard. This appeal has been filed by the claimants for enhancement of the amount of compensation granted by 2nd Additional Motor Vehicle Accident Claims Tribunal, Hazaribagh to them in claim case No. 115 of 1991. Ashok Kumar, a partner of M/S. Manoj Steel Industries. Gola Road, Ramgarh, having 2/3rd share therein died in a motor accident on 11.3.1991 at Ranchi-Ramgarh Road near Bhagat Singh Hotel.2. The deceased was coming with his brother Manoj Mumar from Ranchi to Ram garh on a trekker (BPM 5341). Which dashed against an Ambassador car (BR-13C-0808) coming from opposite direction. It was established that the said car was on its left side, but trekker being driven rashly and negligently in a very high speed dashed the same. Accident took place for the fault of driver of the trekker, which was insured at the relevant time with United India Insurance Company Limited. Income tax assessment order (Exhibit 8) of the Firm M/s. Manoj Steel Industries shows that the said industry had ...
Babulal Thakur and ors. Vs. Shyam Bihari Ram @ Shyam Bihari Prasad and ...
Court: Jharkhand
Decided on: Feb-06-2002
Reported in: II(2002)ACC601
1. Mina Devi, wife of Babulal Thakur of village Kena, district Nawadah lost her life in a motor accident on 27.8.1992, when she was dashed by a truck (BHP-1319). Her husband alongwith four minor children filed an application under Section 166 of the Motor Vehicles Act, 1988, for compensation.2. It was established that accident took place for the fault of driver of the offending truck, which was insured at the relevant time with the New India Assurance Company.3. It was claimed that deceased was engaged in selling paper bags and thereby she was earning Rs. 900/- per month and was 35 year's old at the time of accident.4. The tribunal held that in absence of any specific evidence in respect of her daily or monthly earnings, annual income of the deceased is assessed at Rs. 5000/-. Further, considering her age 16 multiplier was applied and a sum of Rs. 80.000/- was calculated as compensation amount payable to the claimants along with interest thereon @ 10% per annum from the date of filing ...
Binod Sardar and ors. Vs. the Manager, Oriental Insurance Company Limi ...
Court: Jharkhand
Decided on: Feb-06-2002
Reported in: II(2003)ACC466
ORDER1. Admittedly, Petu Sardar alias Lakhiram Sardar, son of Binod Sardar, a twenty years' old boy, who was a bachelor, died in a motor accident on 12.3.1992. His parents, brothers and sisters filed an application for compensation under Section 166 of the Motor Vehicles Act, 1988.2. The tribunal on the basis of evidence on record calculated annual dependency at Rs. 8400/-, after deducting 1/3rd of his income towards his personal expense and applied 8 multiplier thereto. In our opinion, that was not the appropriate multiplier.3. Following ratio of the decision of Apex Court in General Manager, Kerala State Road Transport Corporation v. Mrs. Susamma Thomas and Ors., AIR 1994 SC 1631, inour opinion, the appropriate multiplier was atleast 10. Consequently, amount of compensation is calculated at Rs. 84,000/-.4. If this amount is kept in term Deposit in a Nationalised Bank, it would fetch interest equal to the aforesaid amount of annual dependency.5. The tribunal has granted interest @12% ...
Chief Security Commissioner (Rpf), Calcutta and anr. Vs. Shrista Devi
Court: Jharkhand
Decided on: Feb-06-2002
Reported in: I(2003)ACC371; 2003ACJ2151; [2002(94)FLR842]
ORDER1. Admittedly Ajay Bahadur Singh, husband of respondent was employed as Railway Protection Force Constable under the Eastern Railway at Dhanbad.2. In course of his duty on 23.8.1987 he met an accident and was severely injured and ultimately died on the next day i.e. on 24.8.1987. He was aged about 32 years at the time of accident and his monthly salary was Rs. 920/-.3. His widow Srista Devi filed W.C. Case No. 2 of 1991, under the Workmen's Compensation Act, 1923, for compensation and by impugned order and award dated 8.12.1995, a sum of Rs. 81,540/- was directed to be paid to her by the appellants.4. Appellants herein had raised the question of maintainability of the proceeding under the said Act. It was contended that after amendment in Section 3(1) of the Railway Protection Force Act, 1957, by amending Act No. 60 of 1985, the deceased constable, who was a member of 'Force' became a member of 'Armed Force of the Union'. Section 2(n)(ii) of the Workmen's Compensation Act, 1923, d...
Binda Singh Vs. Narendra Pal Singh and ors.
Court: Jharkhand
Decided on: Feb-05-2002
Reported in: I(2003)ACC330; 2003ACJ1563
ORDERThe Court 1. Appellant is the owner of truck bearing Registration No. BEW 8064. Respondent No. 5 was driver of the said vehicle. At the relevant time, the said vehicle was duly insured with New India Assurance Company Limited. The truck dashed the Scooter bearing Registration No. BRT 5741 on which Manjeet Kaur along with her son was sitting as pillion rider and the Scooter was being driven by her husband Nrendra Pal Singh. 2. It was established that the accident took place on account of the truck being driven in a very high speed in rash and negligent manner. By impugned judgment, and award dated 1.6.1994, passed in Compensation Case No. 75 of 1990, under Section 166 of the Motor Vehicles Act, 1988, the Tribunal assessed a sum of Rs. 75,000/- with interest @ 12% per annum payable to the claimants. 3. In paragraph 8 of the impugned judgment, it was observed that according to the provision of Section 149(2) of the Act, no doubt the insurer was entitled to defend an action for compen...
Kamla Verma Vs. Rajesh Kumar Singh and ors.
Court: Jharkhand
Decided on: Feb-05-2002
Reported in: II(2002)ACC279; II(2003)ACC481
The Court 1. In Compensation Case No. 37 of 1993, Motor Vehicles Claim Tribunal, Ranchi, passed an award under Section 166 of the Motor Vehicles Act, 1988, for Rs. 1,80,000/-.2. Admittedly, on 9.10.1982, while driving Ambassador Car (BRX 7) Rajesh Kumar Singh met an accident and died.3. There was an head on collision between the said Ambassador Car and truck (BHT 9393).4. The tribunal held that it was a case of contributory negligence and owner/driver of Ambassador Car and driver of truck wereequally responsible for the accident as both of them were driving in rash and negligent manner. Hence, owners of both the vehicles were liable to pay compensation to the extent of half and half.5. Since owner of the car died in the accident and it was not insured, the New India Assurance Company Limited, insurer of the truck was directed to pay half of the compensation amount to the tune of Rs. 90,000/- to the claimants.6. The deceased was 28 years old and annual dependency was calculated at Rs. 1...
Aditya Gautam Vs. Jharkhand Secondary Examination Board and ors.
Court: Jharkhand
Decided on: Feb-04-2002
Reported in: 2002(50)BLJR657
ORDERM.Y. Eqbal, J. 1. Heard the counsel for the parties.2. In this writ application the petitioner has prayed for issuance of a direction upon the respondent-Jharkhand School Examination Board to publish the modified or corrected result of the petitioner of Secondary School Examination, 2001 which was held in March, 2001 and further for payment of compensation for the irreparable loss and mental agony due to illegal action of the respondents.3. The petitioner is a student of Netarhat Residential School. In 2001 he appeared in the annual matriculation examination held in March, 2001 conducted by the respondent-Board. It appears that the petitioner was having excellent records in his school and also did well in the matriculation examination but he was declared fail and in the cross-list supplied to the school it was found that the petitioner secured 5 marks in Chemistry paper. It is stated by the petitioner that he obtained 75% marks in all the papers and also in aggregate including Che...
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