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DHRUBA CHANDRA BEHERA -V- NATIONAL INSURANCE CO.LTD. & ORS.
W.P.( C) No.11981 OF 2009 (Dt.13.01.2011)
INSURANCE CLAIM – Policy holder insured himself under the Janata Personal Accident Claim Policy
– Insured declared the petitioner as his nominee – Death of Policy holder due to Snake bite – Policy
holder was unmarried and the nominee was his nephew and he accepted the nominee as his legal heir
in order to succeed to his estate – Repudiation claim challenged – Delay in payment of the dues in spite
of the direction of this Court – Held, direction issued for payment of the claim amount under the policy
with 6% interest per annum from the date the amount became due.
(V.Gopala Gowda, CJ & B.N.Mahapatra, J.)
PAKINI @ DALIMBA NAIK & ORS.-V-GAJENDRA PATEL (DEAD), AKSHYA KU. PATEL & ORS.
F.A. NO.18 OF 1983 (Dt. on 14.01.2011)
Partition between the members of the Hindu undivided family – Partition effected Under Ext.9
Which has not been registered – Ext.E is also an unregistered document where in some properties were
again partitioned – Admittedly shares allotted to the three brothers in the partition deeds under Ext.9
and Ext.E were unequal – Original plaintiff No.1 was a minor when the alleged partition was effected
– Held, an unjust and unfair partition can be reopened by a minor at any time.
ORISSA CONSUMERS ASSOCIATION & ANR.-V-UNION OF INDIA & ANR.
W.P.(C) NO.6359 OF 2004 (Dt.on 19.01.2011)
CONSTITUTION OF INDIA, 1950 – ART.226.
(B.K.Patel, J.)
Writ petition – No provision earlier either in the Consumer Protection Act 1986 or in the Consumer
Protection Rules, 1987 for payment of fees by consumers for filing of complaint for value of goods or
deficiency in service – Section 12 (2) inserted in the Act in 2003 and Rule 9A inserted in the Rules in
the year 2004 and 2005 providing payment of fees ranging from Rs.100/- to Rs.500/- except the persons
below poverty line – Provisions providing payment of fees challenged as unconstitutional – Held, insertion
of Section 12(2) and Rule 9A does not defeat the object of the Act – However if the complainant produces
attested copy of any other documentary evidence i.e. certificate or card like APL/BPL or any other
similar card issued by any Government functionary Authorized to issue such document then the exemption
shall be available – The provisions have to be read down in the aforesaid manner.
TAPA HO @ LAGURI -V- STATE OF ORISSA.
JCRLA. NO. 204 OF 2000 (Dt. on 19.01.2011)
(V.Gopala Gowda, CJ & B.N.Mahapatra, J.)
Criminal Trial – Appreciation of evidence – P.W.1 suspected the appellant to have killed his Cocks – He
went to the house of the appellant and asked about the same which gave rise to the occurrence – Immediately
there after brother of P.W.1(deceased) intervened – From the evidence it is clear that provocation was made
by P.W.1 and the deceased and the appellant was assaulted and sustained injuries – Thereafter being
annoyed the appellant came armed with a Bhala and gave blows on the head and legs of the deceased –
Held, the case can not be said to be one of murder but one of culpable homicide not amounting to murder
– This Court modified the case to one U/s.304-I I.P.C. and sentenced the appellant to undergo R.I. for a
period of ten years in place of life imprisonment U/s.302 I.P.C.
(Pradip Mohanty, J & B.K.Nayak, J.)