Orissa Court April 2011 Judgments
National Insurance Company Ltd. Vs. Pramod Kumar Aich and Another
Court: Orissa
Decided on: Apr-29-2011
1. Copies of the appeal memo filed under Section 173 of the Motor Vehicles Act, 1988 by the National Insurance Company Ltd. as well as cross objection filed under Order XLI, Rule 22 of C.P.C. by the claimant-respondent have been exchanged between both parties. Both appeals and cross objection are admitted. On the request of learned counsel for parties, both the appeal and cross objection are taken up together for hearing. 2. The above appeal has been directed against the judgment dated 5th August, 2005 passed by 3 rd M.A.C.T., Jajpur in M.A.C. Case No.57 of 2003 at the instance of the appellant-Insurance Company. 3. Case of the claimant-respondent before the Tribunal, in a nut shell, is that on 1.5.2003 at about 12 noon while the claimant was standing on the extreme left side of the road of N.H. No.200, the offending truck bearing Registration No.OR-O4A-1041 being driven in a high speed rashly and negligently by the driver dashed against the motor cycle of the claimant as a result of w...
Tag this Judgment!The Divisional Manager Vs. Manjulata Jena and ors.
Court: Orissa
Decided on: Apr-25-2011
1. Both the appeals have been directed by the Divisional Manager, New India Assurance Company, Balasore against the judgment dated 19.01.2008 passed by the Motor Accident Claims Tribunal-IV, Bhadrak in M.A.C. No.97 of 2003 and M.A.C. No.120 of 2003. M.A.C. No.97 of 2003 was filed by the mother of the deceased whereas M.A.C. No.120 of 2003 was filed by the wife and the minor children of the deceased Narendra Jena, who died in a vehicular accident which took place on 19.11.2003 for grant of compensation under the provisions of MV Act, 1988. 2. The case of the claimants in both the cases is that on 19.11.2003 at about 8 PM while the deceased was standing on the left side of Bhadrak-Basudevpur road near Andrei Bazar, the offending bus bearing registration No.OR-O1-7383, namely, “Jaga-Kalia” being driven by the driver Ranjan Kumar Das in a rash and negligent manner came in high speed and dashed against the deceased, as a result of which the deceased sustained injuries on his leg...
Tag this Judgment!The Divisional Manager of New India Assurance Co. Ltd. Vs. Manjulata J ...
Court: Orissa
Decided on: Apr-25-2011
1. Both the appeals have been directed by the Divisional Manager, New India Assurance Company, Balasore against the judgment dated 19.01.2008 passed by the Motor Accident Claims Tribunal-IV, Bhadrak in M.A.C. No.97 of 2003 and M.A.C. No.120 of 2003. M.A.C. No.97 of 2003 was filed by the mother of the deceased whereas M.A.C. No.120 of 2003 was filed by the wife and the minor children of the deceased Narendra Jena, who died in a vehicular accident which took place on 19.11.2003 for grant of compensation under the provisions of MV Act, 1988. 2. The case of the claimants in both the cases is that on 19.11.2003 at about 8 PM while the deceased was standing on the left side of Bhadrak-Basudevpur road near Andrei Bazar, the offending bus bearing registration No.OR-O1-7383, namely, “Jaga-Kalia” being driven by the driver Ranjan Kumar Das in a rash and negligent manner came in high speed and dashed against the deceased, as a result of which the deceased sustained injuries on his leg...
Tag this Judgment!The Divisional Manager, New India Assurance Co. Ltd. Vs. Manjulata Jen ...
Court: Orissa
Decided on: Apr-25-2011
1. Both the appeals have been directed by the Divisional Manager, New India Assurance Company, Balasore against the judgment dated 19.01.2008 passed by the Motor Accident Claims Tribunal-IV, Bhadrak in M.A.C. No.97 of 2003 and M.A.C. No.120 of 2003. M.A.C. No.97 of 2003 was filed by the mother of the deceased whereas M.A.C. No.120 of 2003 was filed by the wife and the minor children of the deceased Narendra Jena, who died in a vehicular accident which took place on 19.11.2003 for grant of compensation under the provisions of MV Act, 1988. 2. The case of the claimants in both the cases is that on 19.11.2003 at about 8 PM while the deceased was standing on the left side of Bhadrak-Basudevpur road near Andrei Bazar, the offending bus bearing registration No.OR-O1-7383, namely, “Jaga-Kalia” being driven by the driver Ranjan Kumar Das in a rash and negligent manner came in high speed and dashed against the deceased, as a result of which the deceased sustained injuries on his leg...
Tag this Judgment!Goutam Kumar Sarangi Vs. State Transport Appellate Tribunal and ors.
Court: Orissa
Decided on: Apr-20-2011
1. This writ petition has been filed with a prayer to set aside the order dated 19.12.2009 passed in Misc. Case No. 17/2009 under Annexure- 8 by opposite party no.2, Chairman, State Transport Authority, Orissa as well as the judgment dated 12.10.2010 in M.V. Appeal No. 06 of 2010 underAnnexure-15 passed by opposite party no.1-State Transport Appellate Tribunal. 2. Petitioner’s case in a nutshell is that the petitioner initially availed a temporary permit from opposite party no.2 valid from 27.01.2008 to 24.05.2008 in respect of his bus bearing Registration No, OR-22-B-1557 for plying on the interstate route from Bhubaneswar to Haldia. Due to mechanical trouble the petitioner intended to dispose of the said bus and accordingly obtained “No Objection Certificate” vide letter No. 30.05.2008 wherein the petitioner undertook to place a better vehicle. Equipped with a better model vehicle the petitioner again applied for grant of permit on his erstwhile route Bhubanesar to ...
Tag this Judgment!Subodh Ku. Bhuyan Vs. Chairman of State Transport Authority
Court: Orissa
Decided on: Apr-20-2011
1. This writ petition has been filed for quashing the order dated 26.08.2010 (Annexure-1) and temporary permit dated 31.08.2010 (Annexure-2) passed/issued by the Secretary, State Transport Authority, Orissa, Cuttack (for short, Secretary, STA’) to O.P. No.3 in respect of the vehicle bearing registration No.OR-22-C-7297 on the ground that the order/permit passed/issued by the Secretary, STA is illegal, without jurisdiction/authority and consequently void. 2. The petitioner’s case is that he is a stage carriage operator operating his bus OR-01L-6215 on the interstate route Puri to Contai and back. His another bus bearing registration No.OR-01Q-2975 operates on the inter-State route Puri to Haldia and back. Both the buses of the petitioner operate on the strength of successive temporary permit granted by the S.T.A. and there is no complaint from any quarter against him.As per the timing allotted to the petitioner’s services, OR- 01L-6215 departs Cuttack at 19.55 hours an...
Tag this Judgment!Regional Manager, Icici Bank Ltd. and Another Vs. Khetrabasi Nayak and ...
Court: Orissa State Consumer Disputes Redressal Commission SCDRC Cuttack
Decided on: Apr-18-2011
1. This appeal is by the Regional Manager, ICICI Bank Ltd., Mumbai and the Manager, ICICI Bank Ltd., Cuttack, who have assailed the judgment and order of the District Forum, Kendrapara dated 24.07.2007 passed in C.C. No.16 of 2007. Respondent-Khetrabasi Nayak as complainant had filed the aforementioned consumer complaint alleging deficiency in service on the part of the present appellants as well as Sukanta Kumar Satpathy (respondent no.2). The prayer made in the complaint was for a direction to the opposite parties to release the balance loan amount of Rs.25,700/- in favour of the complainant and to pay compensation of Rs.2,40,600/-. 2. The case of the complainant in brief, as mentioned in the complaint petition, is that he approached the ICICI Bank- opposite parties 2 and 3, i.e., the present appellants, through opposite party no.1, who is an Agent of the said Bank to avail loan under farmers personal scheme in order to repair his tractor, which was very much necessary for cultivatio...
Tag this Judgment!Biranchi Narayan Sahu Vs. State of Orissa and Others
Court: Orissa
Decided on: Apr-11-2011
1. The petitioner being the father of a female student, who was raped and murdered by a teacher in a Government School during school hours within the school premises, has filed this writ petition praying for issuance of a writ of mandamus or any other appropriate writ directing opposite party No.1-State of Orissa, represented through the Commissioner-cum-Secretary, School and Mass Education Department, Government of Orissa, Bhubaneswar for payment of compensation of Rs.10,00,000/- (rupees ten lakh) to the petitioner. 2. Petitioner’s case in a nutshell is that on 30.09.2008 at about 11.30 A.M. the daughter of the petitioner, Shibani, a student of Class-VII in the Government Project U.P. School, Nimina was found dead in the toilet of the said school with bleeding injury on her vagina. Polsara P.S. Case No.98 dated 30.09.2008 was registered under Sections 302/376 IPC against the accused persons, who are the teachers of the said school, namely, Durga Prasad Sahu, Santha Charan Pattna...
Tag this Judgment!Sri Manbodh Putel Vs. State of Orissa and Others
Court: Orissa
Decided on: Apr-11-2011
1. This writ petition has been filed for quashing the notice dated 12.03.2010 (Annexure-10) issued by O.P. No.3-Collector, Kalahandi and O.P. No.4-Superintendent of Excise, Kalahandi inviting objections from the public for the purpose of grant of exclusive privilege of retail sale of foreign liquor in Kegaon for the period from 01.04.2010 to 31.03.2011 and also forquashing Annexure-12 by which O.P. No.5-Kirtan Mahalik has been authorized by the Collector, Kalahandi to open a shop on renewal basis at Kegaon for retail sale of potable foreign liquor from 08.05.2010 to 31.03.2011 on the ground that the Collector and the Superintendent of Excise have no authority/jurisdiction for grant of such licence on renewal basis when undisputedly the IMFL Off shop was not in existence in the year 2009-10 and no exclusive privilege by way of licence was granted in favour of O.P. No.5. 2. Mr.Sanjit Mohanty, learned Senior Advocate appearing for the petitioner submits that for the year 2009-10 no licenc...
Tag this Judgment!M/S. Shyama Minerals Vs. State of Orissa and Others
Court: Orissa
Decided on: Apr-11-2011
1. The petitioner in the present writ petition challenges the imposition of stacking charges on iron ore fines belonging to the petitioner dumped at the railway siding awaiting loading into the railways rakes to be provided by the railways for which indents havebeen made on depositing Rs.15,000/- (rupees fifteen thousand) per rake on the ground that such imposition of stacking charges is illegal. The further prayer of the petitioner is to quash Annexures-6, 11 and 14 and for issuing a direction to the railways to provide rakes to the petitioner at the earliest to clear the railway sidings. 2. The petitioner’s case in nutshell is that the petitioner is a licensed proprietorship business concern. He has been carrying on trading business in iron ore since 2007. He was granted licence vide letter No.79875 dated 31.12.2008 by opposite party No.2 for storing iron ore under the Orissa Minerals (Prevention of Theft, Smuggling and Illegal Mining and Regulation of Possession, Storage, Trad...
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