Sikkim Court May 2014 Judgments
The Branch Manager, National Insurance Co. Ltd., East Sikkim Vs. Krish ...
Court: Sikkim
Decided on: May-27-2014
Jain, CJ. 1. eard learned counsel for the parties. 2. This Appeal on behalf of National Insurance Co. Ltd., is directed against award dated 26.04.2013, passed by Motor Accident Claims Tribunal, East and North Sikkim at Gangtok (for short the Tribunal ) in MACT Case No. 03 of 2012, whereby learned Tribunal has awarded a total compensation of Rs.4,88,850/- (Rupees four lakh eighty eight thousand eight hundred and fifty) in favour of claimants/respondents in the following heads: 1. Loss of earning :Rs.2,59,350/- 2. Funeral expenses :Rs. 2,000/- 3. Loss of estate :Rs. 2,500/- 4. Loss of love and affection :Rs. 25,000/- 5. Loss of future prospects :Rs.2,00,000/- Total :Rs.4,88,850/- 3. Learned counsel for the appellant submitted that the learned Tribunal has committed an illegality in awarding Rs.2,00,000/- towards loss of future prospects as the age of deceased was about 24 years and as per judgment of the Hon ble Apex Court in the case of Rajesh and Others vs. Rajbir Singh and Others repo...
Tag this Judgment!The Branch Manager, Bajaj Allianz General Insurance Co. Ltd., Siliguri ...
Court: Sikkim
Decided on: May-23-2014
(Oral). Wangdi, J. 1. This Appeal is directed against the judgment dated 13.09.2013 passed by the learned Member, Motor Accident Claims Tribunal, East and North Sikkim at Gangtok, in M.A.C.T. Case No.08 of 2012, by which death compensation of Rs.14,69,800.00 (Rupees fourteen lakh sixty nine thousand and eight hundred) only, was awarded to the claimants, who are the Respondents No. 1 to 4 in this Appeal. 2. Briefly stated, the facts of the case, is that the deceased, aged about 26 years, who was an employee under INTAS Pharmaceutical Mazitar, Rangpo, East Sikkim, was on her way on foot to the place of her work at about 7.00 a.m. on 9.11.2011, when she was run over by a speeding truck bearing No.SK-03/2055, crushing her to death on the spot. It is stated that the deceased was earning a monthly income of Rs.6000/-. 3. The claim petition filed by the mother and siblings of the deceased was ultimately heard and disposed off by the learned Tribunal by the impugned order granting the compensa...
Tag this Judgment!Susanta Kumar Sahoo @ Bullu Sahoo Vs. State of Sikkim
Court: Sikkim
Decided on: May-23-2014
Jain, CJ (Oral). 1. Heard learned counsel for the parties. 2. The accused Susanta Kumar Sahoo @ Bullu Sahoo, son of Gaurahari Sahoo, has preferred this application under Section 438 Cr. P.C. for grant of anticipatory bail in FIR No. 14 (01) 14 dated 19.01.2014 registered at Police Station Sadar, District East, under Sections 457/380 IPC. 3. Submissions of learned counsel for the petitioner are that name of the accused-petitioner has not been mentioned in the FIR, as per charge sheet filed against coaccused, it is clear that the allegations against petitioner are only in respect of offence under Section 411 IPC and not in respect of offence under Sections 380/457 IPC. She also submitted that there is no evidence against petitioner in respect of offence under Section 411 IPC also. It is further contended that accused-petitioner is ready to appear before Investigating Officer for interrogation and investigation of the case. Therefore, looking to the nature of accusation against petitioner...
Tag this Judgment!Sunil Kumar Marwaha Vs. State of Sikkim, Represented by Ms. Gegi Norbu ...
Court: Sikkim
Decided on: May-22-2014
Jain, CJ (Oral). 1. Heard learned counsel for the parties. 2. The petitioner has preferred this Crl. Misc. Petition, with a prayer that respondents, particularly, the Investigating Officer of FIR No. 48(9) 12 dated 03.09.2012, Police Station Namchi, be directed to release the petitioner s Passport. 3. It is stated in the petition that on 02.09.2012, a written complaint was lodged by one Sunil Kumar Jaiswal, before Namchi Police Station and on that basis, FIR No. 48(9) 12 was registered on 03.09.2012 under Sections 420, 409, 471 and 120 B IPC. The petitioner, being apprehended with the arrest, approached this Court for grant of anticipatory bail under Section 438 Cr. P.C. This Court was pleased to allow the bail application No. 07 of 2012 of the petitioner vide order dated 31.10.2012 on certain conditions. One of the conditions was that he shall deposit his Passport with the Investigating Officer and shall not be released without the leave of this Court. 4. It is further stated in the p...
Tag this Judgment!Phuchung Tshering Bhutia and Others Vs. State of Sikkim, Through: The ...
Court: Sikkim
Decided on: May-19-2014
Jain, CJ (Oral). 1. Heard learned counsel for the parties. 2. A joint petition on behalf of petitioners No. 1 and 2, who are husband and wife and petitioner No. 3, who is fatherin- law of petitioner No. 1, has been preferred for quashing the further proceedings of G.R. Case No. 09 of 2014 (State of Sikkim vs. Phuchung Tshering Bhutia) pending in the Court of Judicial Magistrate (West) at Gyalshing, on the ground that parties have entered into a compromise and it being a case arising out of matrimonial dispute, the proceedings be quashed. 3. It is stated in the petition that petitioners No. 1 and 2 were married in the year 1997 and they have two minor daughters from their wedlock. A Criminal Complaint was filed on 23.11.2013 by petitioner No. 3 against petitioner No. 1 and on that basis an FIR No. 57/2013 was registered on 23.11.2013 under Section 498A IPC. After completion of investigation, the police submitted a charge-sheet against petitioner No. 1 in the trial Court, where, it was r...
Tag this Judgment!Vinay Rai, New Delhi Vs. State of Sikkim and Others
Court: Sikkim
Decided on: May-15-2014
Jain, CJ (Oral). 1. Heard learned counsel for the parties. With the consent of learned counsel for the parties, the writ petition is being disposed off finally. 2. The petitioner has preferred this writ petition with the following prayers: In the premises aforesaid, the humble petitioner prays that your Lordships may be pleased to admit this petition, call for the records of the FIR No. 51 of 2012 dated 01.09.2012 registered by PS, Jorethang and FIR No. 92 of 2013 dated 06.05.2013 lodged by PS Sadar, East Sikkim and further direct judicial enquiry by any retired Judge of this Hon ble Court into the illegal detention and arrest of your humble petitioner herein by the respondent No. 5 at instance of respondent no. 2 and his higher officials or any other official who has played active role in the entire sequence of events arrest and also for an enquiry into the conduct of respondent no. 2 to 7 for causing illegal detention and arrest of your humble petitioner or pass any other order(s)/di...
Tag this Judgment!Bhawani Shankar Dahal Vs. Ganga Maya Dahal and Another
Court: Sikkim
Decided on: May-09-2014
Jain, C.J. (Oral). 1. Heard learned counsel for the petitioner. None is present for the respondents, despite service of notice upon them. 2. The petitioner-husband has preferred this Revision Petition, under Section 19(4) of the Family Courts Act, 1984, against the order dated 20.07.2013 passed by Judge, Family Court, East and North Sikkim at Gangtok in Family Court (Crl.) Case No. 18 of 2012, whereby while allowing an application for maintenance under Section 125 of the Code of Criminal Procedure, 1973 (for short, Cr. P.C.) filed by applicants/respondents, it was directed that husbandpetitioner shall pay Rs.6000/- (Rupees six thousand) per month towards maintenance to respondents. 3. Briefly stated, the facts of the case are that applicants/respondents filed an application for maintenance under Section 125 of Cr. P.C. before the Family Court for grant of maintenance of Rs.12,000/- (Rupees twelve thousand) per month. It was stated in the application that applicant was married with non-...
Tag this Judgment!Zeegee Lachenpa Vs. State of Sikkim
Court: Sikkim
Decided on: May-09-2014
Wangdi, J. 1. When the matter was taken up for hearing today, Mr. Tashi Rapten Barphunga, Learned Counsel for the Appellant, at the very inception, brought to the notice of this Court Exhibit 5, birth certificate in respect of the Appellant, issued by the Chief Registrar of Births and Deaths, Health and Family Welfare Department, Government of Sikkim, wherein the date of his birth is found entered as 09.07.1992 and, as would appear from the relevant column, it was issued on 20.03.1998, which is the very day when it was registered. 2. Mr. Barphungpa submits that the seizure of this document was made by the Investigating Officer during the course of the investigation of the case vide seizure memo Exbt.10 dated 07.04.2010 at Lachen, North Sikkim. These facts are undisputed. 3. It is thus submitted that on 20.03.2010 when the offence was committed, as would appear from the FIR, the appellant would be a minor of just over 17 years, and, therefore, a juvenile in conflict with law as contempl...
Tag this Judgment!Man Kumari Sharma Vs. State of Sikkim, Through Chief Secretary and Oth ...
Court: Sikkim
Decided on: May-08-2014
Jain, C.J. (Oral). 1. Heard learned counsel for the parties. 2. This appeal arises out of a suit for declaration, cancellation of Sale Deed, etc. filed by plaintiff-appellant, which has been dismissed by the Court of District Judge, Special Division “ II at Gangtok, East Sikkim vide Judgment dated 12.08.2013 passed in Title Suit No. 04 of 2012. The appeal was admitted. Notices were issued to respondents. The matter was listed for hearing on 07.03.2014 and on that day, time was sought and granted to both the parties to settle the matter out of Court. 3. Learned counsel for appellant as well as respondent No. 4, who is the main contesting respondent, submitted that the parties have entered into a compromise in the matter, they have filed a joint application along with Deed of Compromise, to dispose off the appeal in terms of compromise. 4. Learned Additional Advocate General submitted that the present dispute is in between the appellant and respondent No. 4. They are only the Regis...
Tag this Judgment!The Branch Manager, National Insurance Co. Ltd. Vs. Rita Rai (Sherpa) ...
Court: Sikkim
Decided on: May-07-2014
Wangdi, J. (Oral) 1. This Appeal is directed against the judgment of the Motor Accident Claims Tribunal, South and West Sikkim at Namchi dated 01.04.2013, in M.A.C.T. Case No. 04 of 2012, by which death compensation of Rs.20,84,500/- (Rupees twenty lakhs eighty four thousand five hundred) was awarded to the Respondents/Claimants No.1, 2 and 3 being the cumulative sum of different components, namely, loss of earning, funeral expenses, loss of estate, loss of consortium, loss of love and affection and pain and suffering. 2. In the Appeal, the primary ground assailing the impugned judgment is that the Claimants had failed to prove rash and negligence on the part of the driver, the Respondent no.5. However, before the matter can be taken up on merits, the Appellant Insurance Company is faced with a serious impediment in getting the Appeal heard in view of the delay of 250 days in approaching this Court with the Appeal. 3. It would, therefore, be appropriate to take up first the application...
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