Court : Orissa
Decided on : Feb-06-1991
Reported in : (1992)IILLJ253Ori; 1991(I)OLR362
L.Rath, J.1. Proceedings initiated under the Orissa Public Demands Recovery Act, 1962 (hereinafter referred to as 'the O.P.D.R. Act') at the instance of the petitioner for realisation of the dues determined by him from the opposite party No. 4 having been thrown out by the authorities under the O.P.D.R. Act, the petitioner has come before this Court.2. The facts stated in a nutshell are that certain dues were determined under Section 45A by the petitioner under the Employees' State Insurance Act, 1948 (hereinafter referred to as 'the E.S.I.Act') as being payable by the opposite party No. 4 in respect of contributions of himself and employees, but since the dues remained unpaid they were purported to be collected as arrears of land revenue in accordance with the provisions of Section 45B of the E.S.I. Act. The Certificate Proceedings was resisted by the opposite party No. 4 taking the stand that in a complaint case instituted against him by the petitioner (registered as 2(c) C.C.Case No...
Tag this Judgment!Court : Orissa
Decided on : Mar-13-1991
Reported in : 1991(I)OLR433
A. Pasayat, J.1. In this appeal Under Section 110-D of the Motor Vehicles Act, 1939 (in short the 'Act') by National Insurance Company Ltd. (hereinafter referred to as the 'insurer'), a short but interesting point has been raised for determination,2. The insurer calls in question legality of an award made by Second Motor' Accident Claims Tribunal (S. D.), Berhampur (in short 'the 'Tribunal') quantifying entitlement of one Subash Parida, respondent No 1 at Rs. 8,500/- being compensation for loss of two buffaloes who died on account of an accident, damage to his cart and personal injury received. The offending vehicle bearing registration No. ORG 7797 was claimed to be insured with the insurer. The insurer denies its liability to indemnify the award, so far as the owner of the vehicle is concerned, on the ground that though the vehicle was insured with it on the date of accident i.e. 11-1- 1986, it was not insured by the time the accident took place, and the insurance was taken some hour...
Tag this Judgment!Court : Orissa
Decided on : Mar-18-1991
Reported in : 1992ACJ390; AIR1991Ori310
A. Pasayat, J.1. The appeal by the Oriental Fire and General Insurance Company Limited (described in short as 'the insurer') and the cross-objection by claimants who are the dependents of one Krishna Murthy the victim of an accident, question the correctness of an award passed by the Second Motor Accidents Claims Tribunal, Southern Division Berhampur (in short 'the Tribunal').2. While the insurer characterises the quantum of entitlement quantified at Rs. 60,000/- to be exhorbitant, the claimants assert that it is on lower side and the entitlement should be enhanced.3. The factual position is almost undisputed. The claimants' case is that on 16-8-1985 a truck bearing registration No. OSS 61 belonging to Taleswar Pandey, respondentNo. 7 in this appeal, dashed against the deceased Krishna Murty due to reckless driving causing his instantaneous death; the deceased was working as a peon in the Berhampur University since April, 1977 and continued in the employment of the University till his ...
Tag this Judgment!Court : Orissa
Decided on : Apr-16-1991
Reported in : 1993ACJ385; (1999)IIILLJ418Ori
S.C. Mohapatra, J. 1. These three appeals by the employer under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') arise out of the same accident. All the three appeals having arisen out of the common order, they are heard together and are disposed of in this common judgment.2. Truck bearing registration No. ORJ 4474 belonging to the appellant risk of which covered by respondent No. 2, the insurer, under terms of the policy was returning from Raxding to Nadidih mines on April 15, 1982. Bahadur Munda, Ramesh Mahakud and Mangal Munda were travelling in the truck. Near Jamdih, truck met with an accident. Bahadur and Mangal sustained fatal injuries and Ramesh was injured. Bahadur and Ramesh were coolies in the truck whereas Mangal was driver of another truck belonging to the appellant. Widows of deceased Bahadur, deceased Mangal and Ramesh himself claimed compensation under the Act on account of deaths and injuries respectively. Since the risk in resp...
Tag this Judgment!Court : Orissa
Decided on : Apr-16-1991
Reported in : II(1994)ACC139
S.C. Mohapatra, J.1. The three appeals by the employer under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') arise out of the same accident. All the three appeals having arisen out of the common order, they are heard together and are disposed of in this common judgment.2. Truck bearing registration No. ORJ 4474 belonging to be appellant risk of which was covered by respondent No. 2, the insurer, under terms of the policy was returning from Raxding to Nadidih mines on 15.4.1982. Bahadur Munda, Ramesh Mahakud and Mangal Munda were travelling in the truck, near Jamdih, truck met with an accident. Bahadur and Mangal sustained fatal injuries and Ramesh was injured. Bahadur and Ramesh were coolies in the truck whereas Mangal was driver of another truck belonging to the appellant. Widows of deceased Bahadur, deceased Mangal and Ramesh himself claimed compensation under the Act on account of deaths and injuries-respectively. Since the risk in respect o...
Tag this Judgment!Court : Orissa
Decided on : May-03-1991
Reported in : 1992ACJ693; AIR1991Ori294
S.C. Mohapatra, J.1. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 in respect of an application under Section 110-A of Motor Vehicles Act, 1939 by the insurer. Cross-objection for enhancement of compensation has been filed by the claimant.2. On 10-12-1987 while claimant, a coolie was going in the truck bearing registration No. ORJ 6095 in course of and arising out of his employment, the truck met with an accident in which claimant sustained injuries. Effect of the injuries is that claimant is not able to walk without assistance of a stick. On account of the injuries claimant has filed application for compensation against owner and the insurer.3. Tribunal on assessment of evidence has awarded compensation of Rs. 44,400/- towards future loss of income, Rs. 5,000/-towards medical expenses, Rs. 1,000/- for assistance taken during the period of injury and Rs. 25,000/- towards mental shock, pain and suffering and made the insurer liable topay the compensation.4. Mr. S. ...
Tag this Judgment!Court : Orissa
Decided on : May-17-1991
Reported in : AIR1992Ori88
ORDERD.P. Mohapatra, J.1. The core question that arises for determination in this case is whether the Court has jurisdiction to revise its order granting interim maintenance and expenses of the proceeding to the wife during pendency of a proceeding under the Hindu Marriage Act (for short, 'the Act'). The answer to the question depends on interpretation of the provision in Section 24 of the Act.2. The facts of the case relevant for the present proceeding may be stated thus :On the petition filed by the opposite party for divorce against the petitioner O. S, No. 139 of 1984 has been registered; it is pending in the Court of the Subordinate Judge, Kendrapara. On the application filed by the petitioner for herself and for her minor son the learned Subordinate Judge by order dated 20-11-87 in Misc. Case No, 88 of 1985 directed the opposite party to pay Rs. 250/-per month towards interim maintenance and Rs. 100/- towards expenses of the proceeding. There was considerable delay on the part of...
Tag this Judgment!Court : Orissa
Decided on : Dec-03-1991
Reported in : 1992ACJ1153
S.K. Mohanty, J.1. This is an appeal under Section 110-A of the Motor Vehicles Act, 1939. Appellant Nos. 1 to 4 are minor sons and daughters and appellant No. 5, the mother of one Rama Chandra Sethi, who lost his life in an accident on 24.12.1982. Before the Tribunal compensation to the tune of Rs. 80,000/- was claimed. The Tribunal, however, allowed Rs. 36,000/- only along with interest at the rate of 10 per cent per armurn from the date of application in favour of the appellants. Such award is assailed by the appellants on the ground that the compensation and interest awarded are on the lower side.2. It is not disputed that the deceased was aged about 32 years at the time of accident and that the appellants are his legal representatives. Basing on the documentary evidence which revealed drawal of Rs. 483/-per month by the deceased, the Tribunal determined the monthly income of the deceased at Rs. 500/- and loss of dependency at Rs. 300/-. Adopting a multiplier of 15 and deducting 1/6...
Tag this Judgment!