Orissa Court March 1991 Judgments
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National Insurance Company Ltd. Vs. Mayadhar Pal and ors.
Court: Orissa
Decided on: Mar-06-1991
Reported in: 1993ACJ444; AIR1992Ori268; (1993)IILLJ523Ori
A. Pasayat, J.1. In this appeal under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as the 'Act'), the liability fastened on the National Insurance Company Limited (in short the 'insurer') is under challenge.2. Outlined in brief the factual controversy is as follows : A claim petition was filed before the Deputy Labour Commissioner-cum-Commissioner for Workmen's Compensation, Rourkela (in short the 'Commissioner') by one Mayadhar Pal claiming that his son Zilanath was a workman under Kalinga Steel Limited, Rourkela for some time, and on 5-11-1979, the fateful date, met his end while going in a truck bearing registration No. OSO 5256, belonging to one Balwant Singh, respondent No. 2 in the present appeal. Balwant Singh appeared pursuant to notice and accepted the position that he was the owner of the truck in question, the vehicle had been hired by Kalinga Steel Limited (in short 'Kalinga') and that the insurer was jointly and severally liable with Kalinga ...
National Insurance Co. Ltd. Vs. Mayadhar Pal and ors.
Court: Orissa
Decided on: Mar-06-1991
Reported in: II(1994)ACC102
A. Pasayat, J.1. In this appeal under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') the liability fastened on the National Insurance Company Limited (in short 'the Insurance') is under challenge.2. Outlined in brief the factual controversy is as follows:A claim petition was filed before the Deputy Labour Commissioner-cum-Com-missioner for Workmen's Compensation Rourkela (in short 'the Commissioner') by one Mayadhar Pal claiming that his son Zilanath was a workman under Kalinga Steel Limited, Rourkela, for some time and on 5.11.1979, the fateful date, met his end while going in a truck bearing Registration No. OSO 5256, belonging to one Balwant Singh, respondent No. 2 in the present appeal. Balwant Singh appeared pursuant notice and accepted the position that he was the owner of the truck in quest on to vehicle had been hired by Kalinga Steel Limited (in short 'Kalinga') and that the insurer was jointly and severally liable with Kalinga for pa...
Bhata Barik Vs. Gouranga Parida
Court: Orissa
Decided on: Mar-05-1991
Reported in: 1991(I)OLR460
S.C. Mohapatra, J.1. Second party No. 2 in a proceeding Under Section 144 Cr. P.C. is petitioner In this revision.2. Officer-in-charge, Tangi Police-station submitted a report to learned Executive Magistrate in Non F. I. R. Case No. 68 of 1988 stating in the report that in: respect 1 acre 831 decimals of land over which crop was standing both parties are making claim for which there is apprehension of breach of peace and both parties ought to be restrained. On 18-11-1988, oh perusal of police report learned Magistrate 'was of the opinion that there is apprehension of serious breach of peace in 'the locality likely to cause blood shed, rioting, murder and arson and there being sufficient ground, initiated' a' proceeding 'under Sec' 144, Cr. P. C. He restrained both the parties from entering upon the ' disputed land 'and called upon them to how cause why the order would not be made absolute. In the said order, learned Executive Magistrate appointed Revenue Inspector ,Nachuoi to be custod...
Anchalika Gramya Bank Vs. Smt. Rebati Nanda and ors.
Court: Orissa
Decided on: Mar-04-1991
Reported in: I(1992)ACC131; 1993ACJ73; AIR1991Ori324
A. Pasayat, J.1. The owner of a motorcycle alleged to be involved in an accident causing serious injuries to the claimant has questioned the correctness of the award given by the Second Motor Accidents Claims Tribunal, Northern Division, Sambalpur (in short the 'Tribunal').2. The background in which the claim was lodged is as follows :According to the claimant, on 31-12-1980, the claimant, a school teacher, suffered serious injuries on account of an accident caused by the offending motor-cycle (ORR 2719) undisputedly belonging to the present appellant; the motor-cycle in question was being driven by one Rama Chandra Purohit, respondent No. 2 (hereinafter referred to as the 'rider'); on account of the injuries sustained, the claimant was hospitalised for about three months and thereafter continued the treatment. A claim of Rs. 50,000/- was made. The present appellant, who is described hereafter as the owner, disputed the claim on the ground that the vehicle in question was not involved ...
Aganananda Nayak Vs. Narayan Mohapatra
Court: Orissa
Decided on: Mar-04-1991
Reported in: 1991(II)OLR563
A. Pasayat, J.1. Refusal to accept prayer of the plaintiff for appointment of a survey knowing Commissioner has brought the plaintiff before this Court.2. The revision application has been filed in the following back- ground.Petitioner as plaintiff filed Title Suit No. 325 of 1987 in the Court of learned Munsif, Puri, for declaration of title and confirmation of possession in respect of the disputed properties. According to the plaintiff, he has got his residential double storied building in the suit land and the defendant is putting up a structure close to the said building affecting the plinth and there is likelihood of interference with the carnish of the plaintiff in the upper storey ; such situation has arisen because the defendant has constructed the plinth of his building under construction at three sides on his own area lying to the south of the suit land; encroached upon the suit land by making constructions on a portion of the suit wall, as well as on the plinth portion of th...
iswar Chandra Sahu Vs. Sarat Chandra Sahu
Court: Orissa
Decided on: Mar-04-1991
Reported in: 1991(I)OLR436
D.P. Mohapatra, J.1. The order passed by the learned Subdivisional judicial Magistrate, Padampur (S..D. J. M.) on 31-5-1986 in I. C. C. Case No. 27 of 1985 dismissing the complaint Under Section 203, Criminal Procedure Code is assailed in this revision petition filed by the complainant.2. The petitioner filed the complaint alleging inter alia, that on 16-11-1985 at about 12 noon when he along with Bharat Chandra Sahu and Basudev Meher was going on the road near Panda Hotel at Padampur, Shri P. C. Mallik an Asst. Sub-inspector of Police came there and took the complainant and his companions to Padampur Police Station. They were made to wait there. After sometime the accused-opposite party came there and rebuked the complaint and his companion in unparliamentary words and demanded Rs. 3000/- threatening to confine them in the police lock-up unless the said amount was paid to him. As the complainant and his companions protested, the opposite party extorted Rs. 360/- from possession of the...
Sri Jayaram Singh Vs. Tuka @ Arabinda Prasad Singh and ors.
Court: Orissa
Decided on: Mar-04-1991
Reported in: 1991(I)OLR440
D.P. Mohapatra, J.1. The informant in Sessions Trial No. 184 of 1989 which is pending in the Court of the Second Addl. Sessions Judge, Cuttack filed this revision petition assailing the order dated 5-3-b90 by which the trial Court rejected the prayer of the prosecution to play a video cassette in Court.2. In the aforementioned criminal case the opp. parties 1 to 5 are being tried for the charges Under Section 302 IPC and certain other offences. A number of witnesses have been examined in the case including Jayagopal Parija (PW 22) who recorded the video cassette (MO IV) on the requisition of the Investigating Officer. As evident from his deposition he recorded the statements of the accused persons during certain post occurrence incidents at different places as required by the Investigating Officer. During the trial of the case prosecution wanted the cassette to be played in Court, probably with a view to record in evidence the statements allegedly made by the accused. The prayer was tu...
Oriental Fire and General Ins. Co. Ltd. Vs. Kamurun Bibi and anr.
Court: Orissa
Decided on: Mar-01-1991
Reported in: 2(1993)ACC176
A. Pasayat, J.1.The point which is involved in this appeal is the justification for levy of penalty and interest imposed under Section 4-A(3) of the Workmen's Compensation Act, 1923 (in short 'the Act').2 A brief reference to the factual position would be sufficient for disposal of this appeal.In Workmen's Compensation Case No. 10 of 1985, it was held by the Commissioner for Workmen's Compensation and Assistant Labour Commissioner, Balasore (in short 'the Commissioner') that the applicant in that case was entitled to compensation under the provisions of the Act to the extent of Rs. 63,059.20. The present appellant was held to be liable to pay the aforesaid amount of compensation within a period of thirty days; the order was passed on 3.8.1985; the quantified amount was deposited by the insurer on 14.10.1985. This position is undisputed. Three days prior to this deposit the Com-missioner imposed penalty to the tune of 50 per cent of the quantified amount which came to Rs. 31,529.60 alon...
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