Court : Guwahati
Decided on : Jan-05-1987
B.L. Hansaria, J.1. These cases have raised a question of general importance which is related to granting of compensation under the provisions of the Workmen's Compensation Act, 1923, hereinafter the Workmen's Act. The question is whether an insurance company can be directed to pay the compensation awarded to a workman.2. The facts which need be noted are these. Deceased Tarini was employed as handyman-cum-cleaner of truck No. ASU 3181 which was owned by the respondent/opposite party No. 2 Shri Ghewar Chand Jain who had insured his vehicle with the appellant as required by the provisions of the Motor Vehicles Act, 1939, hereinafter the MV Act. The Workman had sustained injuries in an accident arising out of, and in the course of, his employment. The accident had taken place on 14-3-78 and the workman succumbed to his injuries on 21-3-78. The Commissioner appointed under the provisions of the Workmen's Act was approached by the widow of the deceased claiming a sum of Rs. 18,000/- as co...
Tag this Judgment!Court : Guwahati
Decided on : May-08-1987
Saikia, C.J. (Acting) 1. The petitioners challenge the order of the Inspector of Schools, Nagaon District Circle, Nagaon dated 28:7-77 constituting the new Managing Committee of the 'Gandhi Vidyapith', a High School of Hojai, Nagaon, and the order of the Deputy Secretary to the Govt. of Assam, Education Department dated 17-10-77 declaring the Headmasters of respective schools as drawing and disbursing officers. They also challenge the vires of Section 5 of the Assam Secondary Education (Provincialisation) Act, 1977, for short 'the Act', and of Rule 4 of the Assam Aided Higher Secondary, High and Middle Schools Management Rules, 1976, for short, 'the Rules', as violative of Article 30 of the Constitution. 2. The petitioners state, inter alia, that they belong to the Marwari community and have migrated to Assam from Rajasthan long time back; that they are now permanently residing at Hojai; that Hindi is both their literary and conversational language of general use; that with the growt...
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