Orissa Court October 2004 Judgments
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Trinatha @ Trilochan Behera Vs. Mirza Sabir Beg and ors.
Court: Orissa
Decided on: Oct-01-2004
Reported in: 99(2005)CLT306
A.S. Naidu, J.1. The petitioner was Defendant No. 1 in Title suit No. 2 of 1994 pending before the Civil Judge (Senior Division), Kamakhyanagar. He has filed this Writ Petition, inter alia, challenging the confirming order of the Courts below rejecting the application filed by him along with Defendant No. 5 under Order 9, Rule 13, CPC to set aside the ex parte judgment and decree passed in Title suit No. 2/94. Admittedly, Title Suit No. 2/94 was decreed ex-parte vide Order dated 19.4.1996. According to the petitioner due to certain inadvertent reasons he could not appear in Court. It is also submitted that some of the defendants had not received notice in the suit. It is also submitted that as number of litigations were pending, the defendant-petitioner was confused and could not take steps. Learned Trial Court disbelieving the story advanced by Defendant No. 1 rejected the petition under Order 9, Rule 13, CPC by Order passed on 19.4.1996 in Misc. Case No. 37 of 1995 and declined to se...
National Insurance Co. Ltd. Vs. Punyaprava Acharya and ors.
Court: Orissa
Decided on: Oct-01-2004
Reported in: I(2005)ACC320
A.S. Naidu, J.1. The Insurance Company has filed this appeal assailing the award passed on 29.4.2003 by the Second Motor Accident Claims Tribunal, Cuttack in Misc. Case No. 685 of 1993.2. On 5.6.1993 at about 4 p.m. while proceeding in scooter on National Highway No. V, the husband/father of the claimant-respondent Nos. 1 to 4 met with an accident and succumbed to the injuries sustained by him. He was thirty-eight years old at the time of the accident and was working as a 'B' Grade Clerk, in the Orissa State Electricity Board. His monthly income was Rs. 3,410.00. Present respondent No. 5-M/s. Mishra Zarada Traders was admittedly the owner of the Matador which caused the accident. The offending Matador was duly insured with the appellant Insurance Company and the insurance policy was valid on the date of the accident. Before the Tribunal the Insurance Company contested the, claim as opposite party No. 2, but then the owner of the Matador, opposite party No. 1, did not contest the case. ...
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