Orissa Court February 2007 Judgments
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The New India Assurance Company Ltd. Vs. Kundan Singh and ors.
Court: Orissa
Decided on: Feb-22-2007
Reported in: 103(2007)CLT798; [2007(114)FLR579]
A.S. Naidu, J.1. The Order dated 27th March, 2000 passed by the ADM-cum-W.C. Commissioner, Mayurbhanj inW.C. Case No. 10 of 1997 awarding a compensation of Rs. 1,62,682.00 in favour of the present Respondents 1 and 2 who being the parents of the deceased were the claimants in that case, is assailed in this appeal by the New India Assurance Company Limited. '2. Learned Counsel for the Appellant-Insurance Company relying on the FIR lodged with regard to the alleged accident and death out of which the W.C.Case arose, assails the order of the W.C. Commissioner mainly on the ground that though in fact Gurnam Singh alias Gama, deceased son of the claimants, was the driver of truck bearing registration number DL-14-A-4186, he having no driving licence, the aforesaidW.C. Case was filed with the false averment that he was working in the said truck as a Helper. It is submitted that in view of such fact, the Appellant-Insurance Company is not liable to pay any compensation to the claimants.3. The...
The Orient Insurance Company Ltd. Vs. Mst. Ukia Guru and anr.
Court: Orissa
Decided on: Feb-22-2007
Reported in: 103(2007)CLT800
A.S. Naidu, J.1. The Judgment and award of compensation passed in favour of Respondent No. 1 Mst.Ukia Guru by the Learned Addl. District Judge-cum-MACT, Balangir in MACT Case No. 61/17 of 1998-2000 is assailed in this appeal by the Oriental Insurance Company. The said Judgment is assailed mainly on the grounds that the driver of the offending mini bus named 'Sanket' was not possessing a valid driving licence; that the said vehicle had been over-loaded with passengers; no injury report with regard to Respondent No. 1 who was the Petitioner before the Tribunal was produced and that the award of compensation is excessive.2. It appears from records that in support of her averments the Petitioner/Respondent No. 1 got two witnesses examined including herself and exhibited as many as six documents which included the FIR lodged with police with regard to the accident, charge-sheet filed by police on the basis of the said FIR; bed-head ticket of Burla Hospital; medical certificate granted by th...
Divisional Manager, Oriental Insurance Co. Ltd. Vs. Iswar Mohapatra @ ...
Court: Orissa
Decided on: Feb-22-2007
Reported in: 104(2007)CLT248
A.S. Naidu, J.1. The Judgment and award dated 07.5.1999 passed by the Second Motor Accident Claims Tribunal (S.D.), Berhampur in M.A.C Case No. 212/97 (79/97) is assailed in this appeal filed under Section 173 of M.V Act, 1988 by the Appellant-Oriental Insurance Co. Ltd.2. The accident in question occurred on 14.9.1996 when deceased Pandab Mohapatra was working as a coolie in the truck bearing registration No. OR-07A-7223. It is alleged that due to rash and negligent driving of the driver, the said truck capsized, as a result of which Pandab sustained grievous injuries. Though Pandab was treated in hospital, he succumbed to the injuries. The father and mother of deceased Pandab filed the aforesaid M.A.C Case No. 212/97(79/97) claiming compensation to a tune of Rs. 2,00,000/-.3. The owner of the offending vehicle did not contest the case. Respondent No. 2-lnsurance Company filed a written statement baldly denying the averments made in the MAC case, but then took a stand that the driver ...
Arat Das and ors. and Vs. Sailendra Kumar Nayak and ors.
Court: Orissa
Decided on: Feb-22-2007
Reported in: 104(2007)CLT251
A.S. Naidu, J.1. The same Judgment and award of compensation passed by the Learned 1st Addl. District Judge-cum-1st MACT, Cuttack in M.V. Misc. Case No. 995 of 1999 is assailed in both the aforesaid M.As.M.A. No. 488 of 2001 has been filed by the Petitioners before the Tribunal seeking enhancement of the compensation awarded by the Tribunal, while M.A. No. 524 of 2001 has been filed by New India Assurance Company for setting aside the Judgment and award passed by the Tribunal.Both the Appeals were heard together.2. On the basis of an application filed under Section 166 of the M.V. Act, by the parents and dependent brothers of deceased Kalia alias Kalandi Das, the aforesaid M.V. Misc. Case was registered before the Tribunal. It was averred by the Petitioners in the said case that on 8-10-1999 at about 8.00 a.m. while deceased Kalia who was working as a mechanic in a scooter garage was coming from his residence, a bus bearing registration number OR-05-C-0123 dashed against him. As a resu...
Mahanadi Coalfields Ltd. Vs. Rawani Constructions and anr.
Court: Orissa
Decided on: Feb-22-2007
Reported in: 2007(3)ARBLR234(Orissa)
B.P. Das, J.1. The appellant has filed this appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (in short 'the 1996 Act') questioning the legality and validity of the judgment dated 29.08.2005 passed by the District Judge, Sambalpur, dismissing its application filed under Section 34 of the 1996 Act, registered as Arbitration Petition No. 3 of 2004, for setting aside the arbitral award dated 23.03.2004 passed by the arbitrator Shri O.S. Srivastava, respondent No. 2 herein, arising out of the contractual agreement entered into between the appellant and respondent No. 1 for construction of Kalyan Mandap at Talcher Coalfields.2. The brief facts giving rise to the present appeal are as follows:The appellant-Mahanadi Coalfields Ltd., which is a Government of India Undertaking (in short 'MCL') by tender notice dated 25.04.1996 invited tenders for construction of two Kalyan Mandaps, one at Talcher Coalfields and the other at IB Valley Coalfields. Respondent No. 1-M/s. Rawani ...
State of Orissa Vs. Sunil Kumar Thakur and ors.
Court: Orissa
Decided on: Feb-21-2007
Reported in: 2007CriLJ2326
R.N. Biswal, J.1. This appeal has been pre-ferred against the judgment and order dated 23-12-1987 passed by the Addl. District and Sessions Judge, Bhawanipatna acquitting the accused-Respondents of the offence under Section 395 I.P.C. read with Section 25A of the Arms Act in Sessions Case Nos. 4377 of 1987 and 51/8 of 1987.2. Bereft of all unnecessary details the case of the prosecution is that on 14-3-1987 at about 7.00 A.M. while P.W. 3, a rickshaw puller, was carrying three children including one Rajesh Jain, son of the informant to a Convent School in Bhawanipatna, on the way, the accused Respondents directed the rickshaw puller to take it near the jeep bearing No. ORS-5867, stranded nearby. When he refused to do so, accused Jaswanta and two other miscreants forcibly carried Rajesh from the rickshaw and put him in the jeep. In the meantime, accused Jaswanta Naik snatched away a gold chain weighing about one 'Tola' from the neck of Rajesh, When they were forcibly carrying away Rajes...
Bhikari Nayak Vs. State of Orissa and ors.
Court: Orissa
Decided on: Feb-21-2007
Reported in: 104(2007)CLT39
A.S. Naidu, J.1. The dispute involved in this Writ Petition has a chequered career. It commenced sometime in the year 1976. About Ac.171.98 decimals of land appertaining to plot Nos. 49 and 51 of Khata No. 220 situate in village Bidyadharpur, Cuttack was held to be ceiling surplus in Ceiling Case No. 349 of 1975 initiated in consonance with the provisions of the Orissa Land Reforms Act, 1960 (hereinafter referred to as 'the Act'). The said ceiling surplus land vested in the State of Orissa on 1st of April, 1976 free from all encumbrances.2. Thereafter, it appears, the Petitioner and many others stating to he landless persons filed applications under Section 51 of the OLR Act for settlement of parcels of the said land in their favour. After following the procedures of law, the said ceiling surplus lands were leased out in favour of 171 beneficiaries, the Petitioner being one of them. To be more particular, in OLR Lease Case No. 110 of 1976 Ac.1.00 of land out of the said ceiling surplus...
Visa International Ltd. Vs. Managing Director, Orissa Mining Corporati ...
Court: Orissa
Decided on: Feb-21-2007
Reported in: 2007(4)ARBLR509(Orissa); 104(2007)CLT46
A.S. Naidu, J.1. In this appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act', the Appellant seeks to assail the Order dated 23rd September, 2006 passed by the Learned District Judge, Khurda at Bhubaneswar in Arb(P) No. 383 of 2006. The said Arb(P) was initiated on the basis of a petition filed by the Appellant under Section 9 of the Act with a prayer to restrain Respondents 1 and 2, officers of the Orissa Mining Corporation, from invoking a Bank Guarantee furnished by it with the Corporation.2. Bereft of unnecessary details, the short facts of the case are that Appellant M/s, Visa International Limited, a company incorporated under the Companies Act, 1956 having its registered office at Kolkata is the Indian Agent of M/s. Visa Comtrade AG, Aegeristrasse, ZUG, Switzerland. It had been authorized by the said Company of Switzerland to act and operate on behalf of the said Company in India in the matter of purchase and export ch...
Rama Chandra Sahu Vs. Tapaswini Sahu and anr.
Court: Orissa
Decided on: Feb-15-2007
Reported in: 2007CriLJ2241
ORDERA.S. Naidu, J.1. Whether a major unmarried daughter is entitled to maintenance from her father under Section 125 of the Code of Criminal Procedure is the point which needs determination in this case.2. Tapaswini Sahoo, and her daughter Kumari Bhanumati Sahoo, present opposite party Nos. 1 and 2 respectively, filed a petition under Section 125, Cr. P.C. before the SDJM, Anandapur which was registered as Criminal Misc. Case No. 62 of 2002 claiming maintenance from the present petitioner-Rama Chandra Sahoo with the averments that Tapaswani was the legal married wife of Rama Chandra. Their marriage was celebrated in the year 1979 according to their caste customs. The couple had a blissful married life, but dissension cropped up soon after the birth of their daughter Bhanumati. Rama Chandra on demand of dowry tortured Tapaswani. He used to assault Tapaswini, threatened her for getting married second time and neglected to maintain her and daughter Bhanumati who was a minor. Intervention...
Kedar Charan Dehury Vs. State of Orissa
Court: Orissa
Decided on: Feb-15-2007
Reported in: 104(2007)CLT26
A.K. Parichha, J.1. This appeal is directed against the order of the Learned Subordinate Judge, Deogarh dated 29.4.1993 in L.A. Misc. Case No. 51 of 1992 in a matter of reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter called 'the Act').2. By Declaration No. 49933 dated 21.6.1994 the State Respondent acquired Ac.1.16 decimals or land of the Appellant for Rengali Dam Project (Reservoir). The Land Acquisition Zone Officer (hereinafter call 'the Zone Officer'), Barkot after inquiry computed the market value of the acquired land and trees standing thereon and awarded a total compensation of Rs. 9,066.42 paise. Not being satisfied with the quantum of compensation, the Appellant filed a petition before the Zone Officer to refer the matter under Section 18 of the Act for determination of the proper amount of compensation. On this petition the Zone officer referred the matter to the Learned Subordinate Judge, Deogarh. The said Court allowed the parties to lead evidence....
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