Court : Orissa
Decided on : Apr-22-1994
Reported in : I(1995)ACC138; 1995ACJ14; 78(1994)CLT573; 1994(II)OLR1
R.K. Patra, J.1. The insurer is in appeal challenging the award of Second Motor Accident Claims Tribunal, Cuttack, granting compensa- tion of Rs. 1, 30, 000/- in favour of respondents 1 and 2 with interest at the rate of 6% per annum from the date of the claim petition till realisation.2. Respondent No. 1 is the widow and respondent No. 2 is the mother of the deceased late Mahibub Saha. Their case is that the deceased was a bus driver and was earning Rs. 800/- per month. On 15-12-1989 in the morning while he was going on the left side of the road at Badarnbadi bus-stand, the offending bus bearing registration number OSU 7614 came from Link road side being driven rashly and negligently in high speed and dashed against the deceased who died at the spot. Respondent No. 3. the owner of the vehicle, contested the case by filing written statement. It was stated in the said written statement that the accident took place on account of careless- ness of the deceased and the driver of the offend...
Tag this Judgment!Court : Orissa
Decided on : Apr-26-1994
Reported in : II(1995)ACC403; 78(1994)CLT289
A. Pasayat, J.1. In this appeal under Section 173 of the Motor Vehicles Act, 1988 (in short, the 'Act') the Oriental Insurance Company Limited (hereinafter referred to as the 'insurer') calls in question legality of the award made by the Third Motor Accidents Claims Tribunal, Puri (in short, the 'Tribunal').2. On the basis of an application filed under Section 110-A of the Motor Vehicles Act, 1939 (in short, the 'old Act') by Arjuna Kumar Sahu (hereinafter referred to as the 'claimant') M.A.C.T. Misc. Case No. 831 of 1987 was instituted. The claimant claimed compensation of Rs. 1 lakh for the injuries allegedly sustained by him, in an accident which took place on 6.11.1987 at about 8.30 a.m. near Palasuni Check Gate on Cuttack-Bhubaneswar road. According to him, while he was moving in a Hero Honda Motor Cycle bearing registration No. OSU 3805 from cuttack to Bhubaneswar on his left side at a normal speed with his sister-in-law as the pillion rider, a car bearing registration No. OSX 50...
Tag this Judgment!Court : Orissa
Decided on : Apr-26-1994
Reported in : II(1994)ACC514
A. Pasayat, J.1. In this appeal under Section 173 of the Motor Vehicles Act, 1988 (in short, the 'Act') the Oriental Insurance Company Limited (hereinafter referred to as the 'insurer') calls in question legality of the award made by the Third Motor Accidents Claims Tribunal, Puri (in short, the 'Tribunal').2. On the basis of an application filed under Section 110-A of the Motor Vehicles Act, 1939 (in short, the 'Old Act') by Arjuna Kumar Sahu (hereinafter referred to as the 'claimant') M.A.C.T. Misc Case No. 831 of 1987 was instituted. The claimant claimed compensation of Rs. 1 lakh for the injuries allegedly sustained by him, in an accident which took place on 6.11.1987 at about 8.30 a.m. near Palasuni Check Gate on Cuttack-Bhubaneswar Road. According to him, while he was moving in a Hero Honda Motor Cycle bearing registration No. OSU 3805 from Cuttack to Bhubaneswar on his left side at a normal speed with his sister-in-law as the pillion rider, a car bearing registration No. OSX 500...
Tag this Judgment!Court : Orissa
Decided on : May-02-1994
Reported in : 78(1994)CLT683; (1995)ILLJ381Ori
Pasayat, J.1. The Orissa Mining Corporation Ltd. (hereinafter referred to as the 'Corporation') calls in question legality of the direction given by Controlling Authority under the Payment of Gratuity Act, 1972 (in short 'Act') directing payment of gratuity to Himansu Sekhar Satpathy (hereinafter referred to as 'employee').2. The background facts which are almost undisputed are as under:The employee joined the Corporation as a trainee Accounts Officer on September 14, 1987, worked as ad hoc Accounts officer from April 1, 1988 to May 17, 1989, and as a regular Accounts Officer from May 18, 1989 till September 19, 1992. Thereafter he resigned and joined another organisation. Claim for gratuity was made by him on the ground that he had rendered more than five years continuous service to be entitled to gratuity. Controlling authority held that he was entitled to gratuity. Corporation assails correctness of the conclusion on the ground that under the Orissa Mining Corporation Employees Grat...
Tag this Judgment!Court : Orissa
Decided on : May-02-1994
Reported in : 1994(II)OLR204
A. Pasayat, J.1. The Orissa Mining Corporation Limited (herein- atter referred to as the 'Corporation') calls in question legality of the direction given by Controlling Authority under the Payment of Gratuity Act, 1972 (in short, the 'Act') directing payment of gratuity to Himansu Sekhar Satpathy (hereinafter referred to as 'employee').2. The background facts which are almost undisputed are as under:The employee joined the Corporation as a trainee-Accounts Officer on 14-9-1987, worked as ad hoc Accounts Officer from 1-4-1988 to 17-5-1989, and as regular Accounts Oificer from 18-5-1989 till 19-9-1992. Thereafter he resigned and joined another organisation. Claim for gratuity was made by him on the ground that he had rendered more than five years continuous service to be entitled to gratuity. Controlling authority held that he was entitled to gratuity. Corporation assails correctness of the conclusion on the ground that under the Orissa Mining Corporation Employees Gratuity Fund Rules (h...
Tag this Judgment!Court : Orissa
Decided on : Jun-23-1994
Reported in : II(1994)ACC698; 1995ACJ733; 78(1994)CLT595; (1999)IIILLJ426Ori
A. Pasayat, J.1. The Oriental Insurance Company Limited (hereinafter referred to as the 'insurer') calls in question legality of an award made by the Second Motor Accidents Claims Tribunal, Southern Division, Berhampur (in short, the 'Tribunal'). A sum of Rs. 45,000/- has been awarded as compensation by the Tribunal to the legal representatives (hereinafter referred to as the 'claimants')'of one Krupasindhu Panigrahi (hereinafter referred to as the 'deceased'), who lost his life in an accident on March 28, 1983. The insurer has been directed to pay the award along with interest at the rate of 6% from the date of award till realisation, if paid within a period of three months from the date of award. A default rate of interest at the rate of 12% was stipulated in case of non-payment within the stipulated period. Interest from the date of claim was denied, as the Tribunal felt that the proceeding was prolonged on account of careless attitude of the claimants. A cross-objection has been fi...
Tag this Judgment!Court : Orissa
Decided on : Jul-22-1994
Reported in : 78(1994)CLT1010; 1994(II)OLR262
B.N. Patnaik, J.1. The petitioner while challenging the validity of Rule 25 of the LAMPS Common Cadre Employees of Key Personnel Service Rules (hereinafter called 'Cadre Rules') which came into force from 1-7-1985 prays for a direction to quash the order dated 13-6-1991 passed by the Cadre Cell, Mayurbhanj Central Co-operative Bank, Ltd. Baripada, retiring him from service with effect from 31-3-1991 (Annexure 3)2. In the year 1977 various Service Co-operative Societies and Gram Panchayat Grain Gola Co-operative Societies were re-organised and the Large Sized Agricultural Multipurpose Co-operative Societies (for short,'LAMP') were constituted in the district of Mayurbhanj. The LAMPS were affiliated to the Mayurbhanj Central Co-operative Bank,Bari-pada. In the process of re-organisation the existing Co-operative Societies were either amalgamated with LAMPS or liquidated. Purnia Grain Gola Gram Panchayat Society was amalgamated with Baisinga LAMPS and a branch was opened at Purnia.The pet...
Tag this Judgment!Court : Orissa
Decided on : Aug-03-1994
Reported in : (1995)ILLJ171Ori; 1994(II)OLR328
R.K. Patra, J.1. The petitioner M/s. Samrat Industries has filed this writ petition under Article Nos. 226 and 227 of the Constitution of India challenging the legality of levy of damages amounting to Rs. 8, 114.65 made under Section 85B of the Employees' State Insurance Act, 1948 (hereinafter referred to as 'the Act') as per the order (Annexure-6) of the Regional Director, Employees State Insurance Corporation, Bhubaneswar-opposite party for 'delayed payment of amount of contribution (both employer's contribution and employees' contribution) for the period of April 1, 1976 to October 30, 1978'. 2. The case of the petitioner is that it is a partnership firm and was previously being managed by one Kuidiy Rai Kakkar and following his death in the year 1983, the management of the petitioner firm was dislocated and some records were not immediately available which resulted in non-payment of contributions for certain period under the Act. The opposite party initiated Certificate Case No 13 ...
Tag this Judgment!Court : Orissa
Decided on : Sep-15-1994
Reported in : AIR1995Ori95; 1995(I)OLR132
Nanavati, C.J.1. Divergent opinions expressed by this Court on the question whether a proceeding for eviction is maintainable before the House Rent Controller, even after the Orissa House Rent Control Act, 1967 (for short, 'the Act') ceased to be in force, has made it necessary for this larger Bench to consider that question. The Uma-kant Pradhan v. S.D.J.M.-cum-House Rent Controller, 69 (1990) CIT 207, this Court held that the House Rent Contoller would have no jurisdiction to entertain a proceeding for eviction initiated after the expiry of the Act. The reasons given for taking that View of are that under Section 1(4) of the Act read with Section 5 of the Orissa General Clauses Act what is saved in an acquired or accrued right and not a mere possibility of acquiring a right; that the right which the landlord gets under Section 7 of the Act, either because of default in payment of rent or on any other ground for eviction mentioned therein is merely a right to approach the House Rent C...
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