Orissa Court July 1995 Judgments
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Neshtar Kaur and Three ors. Vs. Arbail Singh and ors.
Court: Orissa
Decided on: Jul-03-1995
Reported in: 1995(II)OLR217
A. Pasayat, J. 1. Appellants-petitioners (hereinafter referred to as the claimants) submit that they are not required to pay the court-fee for entertaining the appeal.2. Claims were lodged by the claimants claiming compensation for untimely death of one Atma Singh (hereinafter referred to as. the 'deceased') and for injuries sustained by claimant Neshtar. The Second Motor Accidents Claims Tribunal, Cuttack (in short, the 'Tribunal') quantified the compensation at Rs. 1,20,000/- for the death and Rs. 60,000/- for the injuries, but directed the same to be paid by the owner of the vehicle (ORB 6093). In these appeals under Section 173 of the Motor Vehicles Act, 1988 (in short, the 'Act') apart from the question of correctness of the award, the claimants have taken a stand that the Tribunal should have hold that the New India Assurance Co. Ltd., (hereinafter referred to as the 'insurer') was liable to indemnify the award. Court-fee payable as per the slab provided in the Orissa Motor Vehic...
Chief Workshop Manager (P), Carriage Repair Workshop Vs. Akshaya Kumar ...
Court: Orissa
Decided on: Jul-03-1995
Reported in: 1996ACJ444
A. Pasayat, J.1. Award of compensation to Akshaya Kumar Rout, respondent in this appeal (hereinafter referred to as 'the claimant'), by Joint Labour Commissioner-cum-Commissioner for Workmen's Compensation, Orissa, Bhubaneswar (in short, 'the Commissioner') is the subject-matter of challenge by the employer, Indian Railways.2. Claim for compensation lodged by the claimant under the Workmen's Compensation Act, 1923 (in short 'the Act') was essentially on the following background:On 4.8.1986 at about 9.20 a.m. while the claimant was working as fitter in Mancheswar Coach Repairing Workshop of the S.E. Railway, he sustained grievous injuries like fracture of hip joint due to accident which arose out of and in the course of his employment. He was 25 years of age and was getting Rs. 1,200/-per month as wages. On account of the said accident he has become permanently disabled to some extent. The Chief Workshop Manager (P), Carriage Repair Workshop, Mancheswar Railway Workshop, was impleaded a...
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