Court : Orissa
Decided on : Apr-06-1990
Reported in : I(1991)ACC309; 1991ACJ468; AIR1991Ori218; 71(1991)CLT176
Hansaria, C.J. 1. A sum of Rupees 70,000/- was claimed as compensation under Section 110-A of the Motor Vehicles Act, 1939 (shortly, 'the Act'). Following the accident in which the claimant was injured by a bus while standing near her house, her left arm had to be amputated. When the accident occurred, the claimant was aged about 15 years and was prosecuting her studies in class X. She had thus a bright prospect in life but due to the accident her expectation even of marriage got belied and she became invalid for life. 2. The learned 2nd. Motor Accident Claims Tribunal, Cuttack, on being satisfied about the justifiability of the amount as claimed awarded the same. Out of the awarded amount, a sum of Rs. 50,000/- was made liable to be paid by the insurer of the vehicle and as to the remaining amount, the owner was made liable. Feeling aggrieved, the owner has preferred this appeal. 3. When the appeal was heard by a learned single Judge of this Court, the question which was substantially...
Tag this Judgment!Court : Orissa
Decided on : Jun-21-1990
Reported in : AIR1991Ori145
G.B. Patnaik, J. 1. In this batch of writ applications, the validity of Section 41A of the Arbitration Act which was brought on to the statute book by the Arbitration (Orissa Amendment) Act, 1982 (Orissa Act 3 of 1983) has been challenged. By the said amendment, in all cases where State Government, a local or other authority controlled by the State Government or a statutory corporation or a Government company is a party to the dispute, then such dispute would be referred to the arbitration of a tribunal to be constituted by the State Government consisting of 3 members, one from the Orissa Superior Judicial Service (Senior Branch) who would be the Chairman, another from amongst the officers of the Public Works Department not below the rank of a Superintending Engineer and the third from amongst the officers belonging to the Orissa Finance Service not below the rank of a Superior Administrative Cadre in Class I. By virtue of the said amendment, all pending proceedings in respect of such ...
Tag this Judgment!Court : Orissa
Decided on : Oct-30-1990
Reported in : 1991(I)OLR123
K.C. Jagadeb Roy, J.1. By order dated 16-2-1990 this Court directed to issue notice to the opposite parties on the question of admission. Pursuant to which the opposite parties have entered appearance and with the consent of the parties, the case was heard.2. In this civil revision the petitioner challenges the order dated 1-9-1989 of the learned Subordinate judge, Berhampur passed in T. S. No. 81 of 1987 rejecting the petition of the petitioner-plaintiff dated 29-8-1988 for amending the plaint under Order 6, Rule 17, CP.C. The Court rejected the application of the petitioner for amendment on the ground that the pro- posed amendment would completely change the nature and character of the present suit. In the original plaint the plaintiff prayed for declaration of his title in respect of a suit; house on various grounds. While the suit was pending for hearing, it is alleged by the plaintiff that the defendants 1 to 5. have taken over possession of the house and in the process caused dam...
Tag this Judgment!Court : Orissa
Decided on : Dec-10-1990
Reported in : II(1992)ACC653; 1992ACJ117; AIR1991Ori173
G.B. Patnaik, J.1. An interesting question of law that arises for consideration in this appeal is whether the road inside the Orissa Secretariat at New Capital, Bhubaneswar can be said to be 'public place' so as to fasten the liability on the insurer of the vehicle under Section 95(1)(b)(i) of the Motor Vehicles Act, 1939 (hereinafter referred to as the 'Act').2. The insurer is the appellant who was opposite party No. 3 before the Tribunal. Respondent No. 1 was the claimant in an application filed under Section 110-A of the Act. It was alleged in the claim petition that on 26-2-1983 at 3.30 p.m. while the claimant was going to his office in the Secretariat and was walking on his left side of the road, the vehicle -- a Jeep bearing registration No. ORJ 4715 came from behind with great speed being driven rashly and negligently and dashed him from the back in consequent of which he became unconscious and sustained several injuries. The right leg of the claimant had been fractured and in s...
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