Orissa Court February 2000 Judgments
New India Assurance Co. Ltd. Vs. Niranjan Sadangi and ors.
Court: Orissa
Decided on: Feb-25-2000
Reported in: II(2000)ACC580; 2001ACJ1996; 89(2000)CLT779
P.K. Misra, J.1. The insurer has filed this appeal against the order of the Workmen's Compensation Commissioner,Berhampur (in short 'the Commissioner').2. The thrust of the appeal is against the direction of the Commissioner regarding payment of Rs. 44,374 towards penaltyand Rs. 887.48 towards interest. However, at the time of hearing of the appeal, the learned counsel for the appellant fairly submitted that the direction regarding payment of interest by the insurer is not being disputed and the same shall be complied with by the insurance company. Learned counsel has, however, vehemently submitted that the direction regarding payment of penalty by the insurance company is not justified and the penalty, if any, is to be paid by the owner.3. The contention of the counsel for the appellant regarding the liability of the insurer to pay the interest while claiming exemption from paying the penalty is obviously based on the decision in Ved Prakash Garg v. Premi Devi 1998 ACJ 1 (SC). In the ...
Tag this Judgment!Jagadish Dey Vs. State
Court: Orissa
Decided on: Feb-23-2000
Reported in: 2000(I)OLR306
ORDER1. Heard the learned counsel for the petitioners and learned counsel appearing for the State.2. It appears that in OJC No. 12623 of 1997 on 11.9.1997 a Division Bench of this Court presided over by the then Chief Justice directed the Inspector of Schools, Balasore (opp. party No. 3) to consider the case of the petitioners within two months as to whether they are entitled for payment of salary, and in case he comes to conclusion that they are so entitled, the same shall be paid to them within two months from the date decision is taken by him.As no steps at all were taken by the aforesaid opposite party No. 3, the petitioners and no option than to file the present contempt application on 7.1.1 999 after waiting for one year and two months.3. On 15.2.1999 a Bench of this Court issued notice to the opposite parties calling upon them to show-cause in the matter. The Inspector of Schools, who is opp. party N. 3 filed cause on 3.8.1999 stating therein that immediately after receipt of th...
Tag this Judgment!Susil Kumar Panigrahi Vs. Commissioner-cum-chairman, State Transport A ...
Court: Orissa
Decided on: Feb-18-2000
Reported in: AIR2000Ori113; 89(2000)CLT788
Pradipta Ray, J. 1. The writ petitioner has been operating his bus bearing Registration No. CR-10-B-0637 in the route of Garabandha to Rayagada via Paralakhemundi, Hadabhangi, Kashinagar, Gunupur, Kujendra and back on the strength of successive temporary permits. The petitioner has also applied for permanent permit, but the same has not yet been considered. Several bus operators raised objections to the time schedule given in the petitioner's temporary permit and on the basis of the said objections the time schedule in the petitioner's temporary permit was revised. The petitioner challenged the same in O.J.C. No. 13731 of 1999. The said O.J.C. was disposed of on December 7, 1999 by remanding the dispute over allotment of time to the Chairman, State Transport Authority for reconsideration after giving reasonable opportunity to the concerned bus operators. In the mean time the petitioner's temporary permit expired and on his application another temporary permit valid upto January 7, 2000...
Tag this Judgment!Rabindra Kumar Das Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-18-2000
Reported in: 89(2000)CLT696; 2000(I)OLR463
Pradipta Ray, J.1. The writ petitioner has filed this writ petition as a public interest litigation alleging that the opp. party No. 4 Sadasiva Barisal, a Sarpanch of Pangarisingha Grama Panchayat is disqualified to hold the post of Sarpanch of the Grama Panchayat as he was more than 3 children. His grievance is that although the attention of the appropriate authority has been drawn to the said disqualification of opp. party No. 4, he has not taken any step to enquire into the said allegation and to declare opp. party No. 4 as disqualified to hold the post of Sarpanch.2. The opp. party No. 4 has entered appearance, but has not filed any counter disputing the allegations contained in the writ petition. Dr. Tripathy, learned Advocate appearing for the opp. party No. 4 has, however, raised an objection that such allegation of incurring disqualification can be decided only in an election dispute particularly when the alleged disqualification came into existence before the election. In supp...
Tag this Judgment!Hrushikesh Dhal and Santosh Kumar Sahoo and ors. Vs. State of Orissa
Court: Orissa
Decided on: Feb-18-2000
Reported in: 2000(I)OLR330
L. Mohapatra, J.1. Prayer of the petitioners in both the cases is to set aside the order dated 24.4.1996 as well as to quash the criminal proceeding vide G.R.Case No. 28 of 1989 pending in the Court of the Judicial Magistrate, First Class-cum-Civil Judge (Senior Division), Deogarh. G.R. Case No. 28 of 1989 was registered against four accused persons on the basis of First Information Report lodged by one Paramananda Pradhan on 30.1.1989 alleging therein that at about 8 a.m. during his absence the accused persons assaulted his younger brother by means of iron pipe and caused injuries on the body of his brother. Case was registered Under Sections 452, 342 and 324 read with Section 34, IPC and investigation was taken up. On completion of investigation, the Investigating Officer submitted final report on the ground of insufficient evidence. On the basis of a protest petition, learned Magistrate took cognizance of offences Under Sections 452, 342 and 324 read with Section 34, IPC against all...
Tag this Judgment!Basudev Pradhan Vs. State of Orissa
Court: Orissa
Decided on: Feb-18-2000
Reported in: 2000CriLJ2553
ORDERR.K. Patra, J.1. The petitioner, undaunted with the dismissal of his appeal in the Court of the Addl. Sessions Judge, Puri has filed this revision challenging the validity of his conviction and sentence of six months r.i. imposed under Section 47(a) of the Bihar and Orissa Excise Act, 1915 (hereinafter referred to as the Act').2. On 25-9-1995 the Sub-Inspector of Excise (PW-2) and the Excise Constable (PW-3) were on patrol duty at Nimapara bus-stand. At about 1 p.m. the bus bearing registration No. ORG 7672 bound for the new capital arrived at Nimapara bus-stand from which the petitioner got down with a cloth bag in his hand. The Excise officials suspecting that he was in possession of some contraband excise articles nabbed him and recovered 500 grams of non-duty paid bhang and 50 grams of non-duty paid ganj a from the bag which he was carrying. As he failed to produce any document in support of possession of such articles, the Excise officials seized the same and placed him on tr...
Tag this Judgment!Miss Suchitra Das Vs. Biswanath Sahu and anr.
Court: Orissa
Decided on: Feb-17-2000
Reported in: 2002ACJ31; 2000(I)OLR480
P.K. Misra, J.1. The claimant has filed this appeal for enhancement of compensation. It has been found that the claimant who is a minor girl presently aged about nine years (five years at the time of claim application) had sustained injuries in an accident caused by the vehicle belonging to present respondent No. 1. It has been further found that there was negligent driving on the part of the driver of the vehicle. The Claims Tribunal has awarded a sum of Rs. 1,15,000/- as compensation. The claimant through her guardian has prayed for payment of Rs. 2,00,000/- in all as compensation.2. From the materials on record, it appears that the injured was first admitted into the M.K.C.G. Medical College, Berhampur, and subsequently she was removed to the S.C.B. Medical College and Hospital, Cuttack, and treated there for a further period of about twelve days. She was examined by Dr. B.N. Acharya for any neurological defect as well as by Professor of E.N.T. It has been found that she had sustain...
Tag this Judgment!Dibakar Pattnaik Vs. State of Orissa and anr.
Court: Orissa
Decided on: Feb-17-2000
Reported in: 2000(I)OLR471
P.K. Misra, J.1. The plaintiff has filed this appeal against the order of the Civil Jude (Sr. Divn.), Dhenkanal, rejecting the application under Order 41, Rule 19 of the Code of Civil Procedure (for short, 'C.P.C.'), filed by the present appellant for re-admission of T.A.No. 27 of 1 993. It appears that the Court below has taken into consideration the previous negligence of the present appellant and rejected the application for re-admission. It has been held in 38 (1972) CLT 519 (Nanak Chand Khandelwalla and Ors. v. Fakir Chand Khandelwalla and Anr.) that the previous negligence of a party cannot be considered as a ground for disbelieving the sufficiency of cause shown on the date of dismissal.2. It further appears that the lower appellate Court has disbelieved the plea of illness on the ground that no medical certificate had been furnished. It appears from the record that the appellant himself has stated about the illness of the counsel and nothing substantial had been o elicited in h...
Tag this Judgment!Divisional Manager, Oriental Insurance Co. Ltd. Vs. Ranjani Moharana a ...
Court: Orissa
Decided on: Feb-17-2000
Reported in: II(2000)ACC371; 2001ACJ1136; 89(2000)CLT658
P.K. Misra, J. 1. Claimant-respondent Nos. 1 to 6 filed claim application claiming compensation on account of death of Narayan Moharana. The accident took place on 4.7.94 at about 7 a.m. on National Highway No. 42 near Dihasahi. The deceased who was a Government servant (teacher) was travelling in a Trekker bearing the registration No. OR-05-B-0676 belonging to present respondent No. 7. At that time, a truck bearing registration No. OR-01-3337 belonging to the present respondent No. 8 was coming from opposite direction. There was a collision between the two vehicles as a result of which the deceased, one of the occupants in Trekker, was killed.2. In the proceeding, the owner of the Trekker did not appear, but the insurer (the present appellant) filed written statement alleging that the accident was caused due to negligent driving of the truck driver. The owner of the truck contested the case and denied in general the allegations made in the claim application and further claimed that th...
Tag this Judgment!Prasanna Kumar Nayak Vs. Trilochan Routray and anr.
Court: Orissa
Decided on: Feb-16-2000
Reported in: 2(2000)ACC310; 89(2000)CLT675
P.K. Misra, J.1. Misc. Appeal No. 661/93 has been filed by the claimant claiming higher compensation, whereas Misc. Appeal No. 622/93 has been filed by the Insurer.2. The Insurer in its appeal has mainly challenged the findings of the Claims Tribunal regarding negligence of the driver and the quantum. In view of the decisions of the Supreme Court reported in 1997 (2) TAC 1 (SC) : I (1997) ACC 241 (SC) Narendra Kumar and Anr. v. Yarenissa and Ors. and 1998 (2) TAC 379 (SC) : I (1999) ACC 497 (SC) Shankarayya and Anr. v. United India Insurance Co. Limited and Anr., such questions are not available to be raised by the Insurance Company without following the provisions incorporated in Section 110-C (2-A) of the Motor Vehicles Act, 1939. Moreover, the finding relating to negligence is based on evidence on record and there is hardly any scope for interference.3. The Insurer has submitted that the payment of Rs. 25,000/- as compensation appears to be on higher side, whereas the claimant has s...
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