Orissa Court February 1999 Judgments
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New India Assurance Co. Ltd. Vs. Natha Das and anr.
Court: Orissa
Decided on: Feb-26-1999
Reported in: (1999)IILLJ1114Ori
P.K. Misra, J. 1. The Insurance Company has filed this appeal under Section 30 of the Workmen's Compensation Act against the award of the Workmen's Compensation Commissioner (in short, the 'Commissioner') granting compensation to respondent No. 1. 2. Respondent No. 1 was a Coolie engaged in truck bearing registration number ORJ 5213 belonging to respondent No. 2. The said truck met with an accident on June 20, 1994. Due to such accident respondent No. 1 sustained several injuries and was hospitalised. Claim application was filed before the Commissioner demanding compensation on the ground that the claimant had sustained injuries in an accident arising out of and in course of employment. 3. The owner in his written statement while admitting the employment and the accidental injury sustained by the claimant disputed other averments including the averments relating to monthly wages, age and gravity of injuries of the applicant. It was claimed that since the vehicle has been insured with t...
Divisional Manager, New India Assurance Co. Ltd. Vs. Haladhar Saha and ...
Court: Orissa
Decided on: Feb-26-1999
Reported in: 88(1999)CLT392; (1999)IILLJ1273Ori
P.K. Misra, J. 1. The Insurance Company has filed this appeal under Section 30 of the Workmen's Compensation Act against the award of the Workmen's Compensation Commissioner (in short, 'the Commissioner') granting compensation to respondent No. 1 2. Respondent No. 1 was a Driver engaged in Truck bearing registration number ORJ 5213 belonging to respondent No. 2. The said truck met with an accident on June 30, 1994. Due to such accident respondent No. 1 sustained several injuries and was hospitalised. Claim application was filed before the Commissioner claiming compensation on the ground that the claimant had sustained injuries in an accident arising out of and in course of employment. 3. The owner in his written statement while admitting the employment and the accidental injury sustained by the claimant disputed other averments including the averments relating to monthly wages, age and gravity of injuries of the applicant. It was claimed that since the vehicle has been insured with the...
Divisional Manager, New India Assurance Co. Ltd. Vs. Babuli Perei and ...
Court: Orissa
Decided on: Feb-26-1999
Reported in: I(2000)ACC209; 88(1999)CLT828
P.K. Misra, J.1. The Insurance Company has filed this appeal under Section 30 of the Workmen's Compensation Act against the award of the Workmen's Compensation Commissioner (in short, the 'Commissioner') granting' compensation to respondent No. 1.2. Respondent No. 1 was a Coolie engaged in truck bearing registration number O.R.J. 5213 belonging to respondent No. 2. The said truck met with an accident on 30.4.1994. Due to such accident respondent No. 1 sustained several injuries and was hospitalised. Claim application was filed before the Commissioner claiming compensation on the ground that the claimanthad sustained injuries in an accident arising out of and in course of employment.3. The owner in his written statement while admitting the employment and the accidental injury sustained by the claimant disputed other averments including the averments relating to monthly wages, age and gravity of injuries of the applicant. It was claimed that since the vehicle has been insured with the pr...
Balia Hansada Vs. National Insurance Company Limited and ors.
Court: Orissa
Decided on: Feb-25-1999
Reported in: 1999(I)OLR464
A. Pasayat, J.1. This appeal under the Letters Patent is directed against the judgment of learned Single Judge of this Court in Misc. Appeal No. 795 of 1996. National Insurance Company Ltd. (hereinafter referred to as the 'insurer') had filed said appeal on several grounds.2. Background facts leading to filing of the appeal are as follows:Balia Hansada (respondent No. 1) filed a claim petition along with Maya alias Sunia Hansada, respondent No. 2 claiming compensation in respect of death of one Chamma Hansada alias Besra. The said Champa was claimed to be the wife of respondent No. 1 Balia Hansada. In W.C. Case No. 55/94 which was filed before the Commissioner for Workmen's Compensation-cum-Assistant Labour Commissioner, Balasore (in short, the 'Commissioner') it was stated that Champa died on 7.6.1994 in an accident involving a dumper bearing registration No. ORM 8301 belonging to respondent No. 3 Birat Chandra Dagara (hereinafter referred to as the 'owner'). On getting notice the own...
Kanhu Charan Mishra Vs. Chief Minister of Orissa and ors.
Court: Orissa
Decided on: Feb-22-1999
Reported in: AIR1999Ori214; 87(1999)CLT492; 1999(I)OLR398
Susanta Hatterjin Acting.C.J.1. Constitution of India is a living organ. Every day Court is faced with new horizon where theproblems are coming for solution. The present case at hand is unique in its character. The Bar is alive to ventilate its grievance and it is for the Court to answer as the situation demands.2. Sri Kanhu Charan Mishra, a reputed journalist, has filed the instant writ petition seeking the following reliefs :-- '........Your Lordships may graciously bepleased to : i) Issue a Rule Nisi in the nature of writ of mandamus and/or certiorari and/or any other appropriate writ/writs, order/orders, direction/ directions calling upon the opposite parties to show cause as to why opposite parties 1 and 2 should not be restrained from advising the Governor to appoint any or ail of the opposite party Nos. 3 to 11 as Minister or Ministers in the Cabinet headed by opposite party No. 2; AND ii) If the opposite parties fail to show cause and/or show insufficient and/or false cause ma...
Damodar Mishra Etc. Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-17-1999
Reported in: 2000CriLJ2073
ORDERA. Pasayat, J.1. These two applications are inter-linked and are disposed of by this common order.2. Criminal Revision No. 103 of 1997 has been filed by Damodar Mishra questioning correctness of order dated 13-6-1997 passed by the learned Sub-Divisional Judicial Magistrate, Puri (in short, 'SDJM') in C.R. case No. 97 of 1996 corresponding to Puri Town P.B. case No. 26 of 1996 recalling the order relating to cognizance of offences punishable under Sections 406/506 of the Indian Penal Code, 1860 (in short, 'IPC') allegedly committed by opposite party Nos. 2 to 5, and coming to the conclusion that in respect of Dhadi Rana (opposite party No. 6) there was no material to proceed for the alleged commission of offence punishable under Section 498A/506, IPC.In Criminal Misc. @ase No. 2281 of 1997 the accused persons have questioned correctness of said order. After cognizance, process has been issued to accused persons for alleged commission of offences punishable under Sections 498A/420 r...
Dipti Baliar Singh Vs. Board of Secondary Education, Orissa
Court: Orissa
Decided on: Feb-16-1999
Reported in: AIR1999Ori166; 88(1999)CLT665
Pasayat, J.1. Petitioner has come to this Court with a very unusual prayer. He seeks for a direction to the Board of Secondary Education, Orissa (in short, (he 'Board') to change his name and father's name in the records maintained by it and for correction of H. S. Certificate issued on 15-12-1991. Therein his name had been described as Susil Kumar Mallick, son of Kambisa Mallick.2. Petitioner's case sans unnecessary details is as follows :He is the son of one Lukar Baliar Singh who belonged to Scheduled Tribe. Foundation for such claim is !he decree in a suit (T.S. No. 14 of 1995) which was filed in the court of learned Additional Civil Judge (Junior Division), Baliguda. In the said suit prayer was for a declaration that Dipti Baliar Singh was the one and the same person as Susila Kumar Mallick. In the suit, widow and one son of late Lukar Baliar Singh were impleaded as defendants along with Kambisa Mallick. It was pleaded that while he was aged about three years, he was given in adop...
Jawan Fruits and Vegetable Products Vs. Orissa State Financial Corpora ...
Court: Orissa
Decided on: Feb-16-1999
Reported in: 88(1999)CLT33; [2001]103CompCas8(Orissa)
D.M. Patnaik, J. 1. The petitioner, a small-scale industrial unit, was sanctioned a total loan of Rs. 7,45,017 for his factory to produce pickles and sauces, etc. from fruits. He received an amount of Rs. 5,94,677. The balance amount of loan was not disbursed in his favour for which he has approached this court for an appropriate direction. 2. In the counter-affidavit the Orissa State Financial Corporation states that even though a major portion of the amount was advanced and that the Corporation on its own persuaded the supplier of the machinery to give quick delivery, yet, because of the inaction of the petitioner, he being not serious in bringing out the project, the Corporation cancelled disbursement of the balance amount. Further, according to the Corporation, since this advancement of the loan was under the refinancing scheme, it was for a period of three years and since the petitioner did not complete the project within that period, that was another ground for not disbursing the...
Oriental Insurance Company Ltd. Vs. Kumari Chhabi Sahu and ors.
Court: Orissa
Decided on: Feb-16-1999
Reported in: I(2000)ACC646; 89(2000)CLT413
P.K. Misra, J.1. The Insurance Company has filed this appeal against the award passed by the Motor Accident Claims Tribunal awarding a sum of Rs. 80,000/- as compensation. The Claims Tribunal has directed that the said amount shall be paid with interest of six per cent from 30.11.1988, that is to say, the date of claim application. It was further directed that if the Insurance Company fails to pay the aforesaid amount within three months, it shall be liable to pay penal interest at the rate of 12 per cent per annum from 30.11.1998 till realisation.2. Claimant-respondent No. 1 sustained injuries in an accident involving the motor vehicle belonging to original respondent No. 2. It has been found that the accident occurred due to rash and negligent driving of the driver of the vehicle. It has been further found that the claimant-respondent sustained several injuries including head injury. The learned Counsel for the appellant contended that the matter should be remanded to the Claims Trib...
New India Assurance Co. Ltd. Vs. Ghara Nag and ors.
Court: Orissa
Decided on: Feb-16-1999
Reported in: II(1999)ACC537; 2000ACJ888; 88(1999)CLT450
P.K. Misra, J.1. This appeal has been filed by the insurance company against the award of the Claims Tribunal directing the insurance company to pay a sum of Rs. 25,000 towards 'no fault liability' as contemplated under Section 140 of the Motor Vehicles Act. The learned counsel appearing for the insurance company submitted that though there is no dispute about the existence of the policy, the insurance company has disputed about the existence of a valid driving licence. It is, therefore, submitted that the insurance company is not liable and the liability under Section 140, if any, should be borne by the owner.2. It appears from the order-sheet that no notice has been issued to respondent No. 5, the owner. Issuance of notice to owner who is a resident of Calcutta at this stage would linger the proceeding further. It is not disputed that the main claim application is still pending before the Claims Tribunal and a specific plea has been taken that the driver of the vehicle did not have a...
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