Orissa Court December 1999 Judgments
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Mr. Abdul Raheman Vs. Nurjahan @ Nuri Bibi
Court: Orissa
Decided on: Dec-13-1999
Reported in: 2000(1)ALT(Cri)14; 89(2000)CLT403; 2000CriLJ1949; I(2000)DMC720
ORDERP.K. Tripathy, J. 1. Heard further argument.2. After a prolonged hearing, it is found that the position of law as stated in the case of Abdul Rauf Khan v. Haleman Bibi and Anr., 67 (1989) CLT 285=1 (1990) DMC 315, is applicable keeping in view the facts and circumstances of this case.3. The relevant facts may be stated as hereinafter, Misc. Case No. 25-I of 1979 under Section 125, Cr. P.C. filed by the opposite party was heard and disposed of by the learned S.D.J.M., Bhadrak on 11.1.1983 allowing her claim for maintenance and awarding monthly maintenance of Rs. 120/- in her favour That order was confirmed with modification by the Sessions Judge, Balasore in Criminal Revision No. 4/25 of 1983 vide judgment dated 23.2.1984. Learned Sessions Judge, reduced the monthly maintenance amount from Rs. 120/- to Rs. 80/-. The monthly maintenance was made payable from 11.1.1983. When the opposite party filed application for execution, petitioner filed Misc. Case No. 146 of 1990 under Section ...
Divisional Manager, National Insurance Co. Ltd. Vs. Rabi Sahoo and anr ...
Court: Orissa
Decided on: Dec-13-1999
Reported in: 2001ACJ538; 90(2000)CLT8
P.K. Misra, J.1. These three appeals have been filed by the insurer against a common award passed by the Commissioner for Workmen's Compensation-cum-Assistant Labour Commissioner, Cuttack (for short, 'the Commissioner'), in three different claim cases under the Workmen 's Compensation Act arising out of the same accident.2. The accident took place on 18.12.92 involving a tractor attached with a trolley. W.C. Case No. 96-D of 1993 (corresponding to M.A. No. 562 of 1997) and W.C. Case No. 97-D of 1993 (corresponding to M.A. No. 560 of 1997) were filed by the two coolies who were travelling in the tractor along with trolley. W.C. Case No. 98-D of 1993 (corresponding to M.A. No. 561 of 1997) was filed by the driver of the tractor. It was alleged in the three applications that the injuries were sustained in the accident arising out of and in the course of employment.3. The owner had admitted about the employment and the accident, but pleaded that the compensation should be paid by the insur...
Gangadhar Sahoo and ors. Vs. Saradananda Pandey and anr.
Court: Orissa
Decided on: Dec-10-1999
Reported in: 2000(I)OLR247
P.K. Misra, J.1. The claimants have filed this appeal Under Section 173 of the Motor Vehicles Act. Claimant No. 1 is the father, claimant No. 2 is the widow and claimants 3 to 5 are the minor children of deceased Tankadhar Sahoo. The deceased was travelling in a goods vehicle on 18/19.7.1994 accompanying his goods, that is to say, betel leaves, as he was engaged in business of trading such betel leaves. Due to accident in the night of 19.7.1994, he died an untimely death. Claim application was filed claiming compensation of Rs. 2,00,000/-.2. The owner in his written statement admitted about the accident and the fact that the deceased was going in the vehicle as owner of the goods. It was further pleaded that the Insurance Company should pay the amount, if any,The Insurance Company, on the other hand, denied the allegations made in the claim application and denied its liability.3. The Claims Tribunal found that the accident occurred due to negligent driving of the driver of the truck an...
Gopinath Behera Vs. State of Orissa and ors.
Court: Orissa
Decided on: Dec-10-1999
Reported in: 2000(I)OLR178
R.K. Dash, J.1. These two cases being inter-linked, were heard analogously and are disposed of by this common judgment. For better appreciation, we will refer to the averments made in OJC No. 8421 of 1999.2. The petitioner is a retired employee of the office of the Revenue Divisional Commissioner, Northern Division, Sambalpur (for short, 'the Commissioner). He is a lessee in respect of Nazul plot No. 1614/ 51 situated in Sambalpur town. A road adjoining to the said plot appertains to Nazul plot No. 1614/53. Since the said road has been encroached upon by opposite parties 3 and 4 and others, he moved the Commissioner Under Section 4(1) of the Orissa Revenue Divisional Commissioner Act, 1957 (hereinafter referred to as 'the Act') by filing a petition seeking for issuance of necessary direction for removal of encroachment. The aforesaid petition was registered as Misc. Case No. 3 of 1995 and by order dated 23.5.1997 at Annexure-4 the Commissioner disposed of the case by directing the Tahs...
New India Assurance Co. Ltd. Vs. Jayanti Nayak and anr.
Court: Orissa
Decided on: Dec-10-1999
Reported in: II(2000)ACC125; 2000ACJ1054; 89(2000)CLT408
P.K. Misra, J.1. These two appeals have been filed by the insurer against a common decision of the Commissioner for Workmen's Compensation-cum-Deputy Labour Commissioner, Cuttack (in short, 'the Commissioner').2. Narayan Swain is the deceased. He was the driver in respect of an auto-rickshaw belonging to present respondent No. 2. In course of duty, the vehicle met with an accident on 4.2.1995 ultimately causing the death of the driver. W.C. Case No. 164-J of 1995 was filed by the widow of the deceased claiming compensation, whereas W.C. Case No. 163-J of 1995 was filed by the widowed mother of the deceased.3. The owner in his written statement while admitting about the employment, accidental death of the deceased, disputed his liability and pleaded that the liability, if any, should be borne by the insurer. The insurer generally denied the allegation made in the two claim applications.4. Both the matters were taken up together and the Commissioner found that the deceased was a workman ...
Guruprasad Rout and ors. Vs. Orissa Power Generation Corporation Ltd. ...
Court: Orissa
Decided on: Dec-07-1999
Reported in: (2000)ILLJ1321Ori; 2000(I)OLR158
ORDER1. Heard learned Counsel for the parties.The grievance of the writ petitioners is that even though they have been working against permanent and sanctioned posts in the Corporation, they are not being extended the benefits available to the regular employees performing similar and equal type of work. It is the contention of the learned Counsel for the petitioners that, the Corporation has introduced the system of contract labour and managing the work with the man-power like the petitioners engaged and supplied by the contractor solely with the intention of avoiding legitimate claim and the statutory dues payable to the workers. The work performed by the petitioners being perennial in nature and the petitioners having continuously worked with the Corporation for considerably long years, the State Government ought to have abolished the system of contract labour in the opposite parties' organisation. It is contended that the petitioners have approached the State Government on several o...
Pradipta Kumar Pradhan Vs. Sabilata Dei and ors.
Court: Orissa
Decided on: Dec-07-1999
Reported in: 2000(I)OLR420
ORDERP.K. Misra, J.1. Present respondent No. 1 had filed Title Suit No. 23.0/95 for eviction of the present appellant. The present appellant had filed Title Suit No. 232/98 for permanent injunction and mandatory injunction against the present respondents. Both the suits were heard together and disposed of by a common judgment and a common decree had been prepared. The present appellant filed First Appeal No. 444/98 in the High Court purporting to challenge the common decision in both the suits. Objection was raised by present respondent No. 1 regarding maintainability of one appeal. The present appellant filed counter stating that one appeal would be maintainable. However, subsequently, the present appellant filed Title Appeal No. 36/99 in the Court of the District Judge, Khurda, against the decision relating to Title Suit No. 232/98 as the valuation in the said suit was less than rupees one lakh. Since the appeal had been filed in the High Court against the decision in the connected s...
Minaketan Samal Vs. Prasanta Kumar Routray and anr.
Court: Orissa
Decided on: Dec-07-1999
Reported in: 2000(I)OLR253
P.K. Misra, J.1. The husband has filed this appeal claiming higher compensation. He had filed Misc. Case No. 233 of 1991 claiming compensation on account of death of his wife in a motor accident. The parents of the deceased had filed Misc. Case No. 686 of 1991. In the claim application filed by the parents it was stated that their daughter was residing with them and was maintaining them being a daily wage earner. The husband in his claim application had also stated that his wife was contributing her wages to the family.2. The owner in his written statement denied the averments made in the claim application and took the plea that the accident occurred due to own negligence of the deceased.The Insurer filed written statement generally denying the allegations.3. The Claims Tribunal found that the accident had occurred due to the rash and negligent driving of the driver of the vehicle. It was further found that the deceased was not staying with her parents and the parents were not entitled...
Oriental Insurance Co. Ltd. Vs. Radhakrushna Mohapatra and ors.
Court: Orissa
Decided on: Dec-07-1999
Reported in: I(2001)ACC339; 89(2000)CLT817; ILR2001NULL339
P.K. Misra, J.1. The insurer has filed this appeal under Section 173 of the Motor Vehicles Act (hereinafer referred to as the 'Act') challenging the award passed by the 2nd Motor Accident Claims Tribunal (S.D.), Berhampur, in M.A.C. No. 458/94 (106/94).2. Claim application was filed by the parents and unmarried sisters of the deceased. It was alleged in the claim application that the deceased and another person were returning on a scooter. The offending truck bearing number AP-30/TO-414 belonging to present respondent No. 6 which was being driven in rash and negligent manner, dashed against the scooterist causing the death of the deceased. M.A.C. No. 458/94 (106/94) was filed by present respondents 1 to 5, whereas, M.A.C. No. 42/95 (207/94) was filed by present respondent No. 7, who was accompanying the deceased, for injuries sustained by him. Both the claim applications were taken up together.3. The owner (respondent No. 6) remained ex-parte in spite of notice. The insurer denied the ...
Oriental Insurance Co. Ltd. Vs. Bodhu Singh Alias Babula Singh and anr ...
Court: Orissa
Decided on: Dec-07-1999
Reported in: II(2000)ACC783; 2001ACJ36; 90(2000)CLT26
P.K. Misra, J.1. The insurer has filed this appeal under Section 30 of the Workmen's Compensation Act (hereinafter referred to as 'the Act').2. Claimant-respondent No. 1 was the driver in respect of a truck bearing No. GGG 6040 belonging to present respondent No. 2. Alleging that he had sustained injuries in an accident arising out of and in course of employment on 6.2.1989, claim application was filed before the Commissioner for Workmen's Compensation-cum-Assistant Labour Commissioner, Cuttack (in short, 'the Commissioner') which was numbered as W.C. Case No. 63 of 1990.3. The owner in his written statement while admitting about the employment and the injuries, disputed about the wages, age and the gravity of injuries sustained by the claimant. The insurer in its written statement denied generally the allegations made in the claim application and called upon the claimant to prove the allegations.4. The Commissioner on assessment of evidence on record found that the claimant was a work...
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