citedby: 79917670

Madhav Soren vs State Of Odisha And Others .... Opposite ... on 11 August, 2022

13. After discussing the decisions in Smt. Nilabati Behera v. State of Odisha (supra), Shyam Sundar v. State of Rajasthan AIR 1974 SC 890 and Darshan v. Union of India 1999 (79) DLT 432 this Court in Jambeswar Naik v. State of Odisha (supra) held that a clear case has been made out for grant of compensation for violation of the constitutional right to life of the two children, resulting in their avoidable deaths at a very young age.

Orissa High Court Cites 9 - Cited by 2 - R K Pattanaik - Full Document

Union Of India And Others vs Jaladhar Jena on 30 January, 2024

"3. He relies on judgment dated 11th August, 2022 by the first Division Bench of this Court in Writ Petition (Civil) no.7584 of 2014 (Madhav Soren v. State of Odisha and others) and order dated 10th May, 2022 of this Bench in W.P.(C) no.20443 of 2012 (Sanjay Kumar Mohanty and another v. State of Odisha and others), wherein order dated 30th September, 2021 also made by the first Division Bench of this Court in W.P.(C) no.24882 of 2012, (Jambeswar Naik and another v. State of Odisha and others) was relied upon. All the cases were regarding death of school children, where compensation awarded was Rs.10 lakhs."

Orissa High Court Cites 22 - Cited by 0 - B R Sarangi - Full Document

Rajendra Behera vs State Of Odisha And Others .... Opposite ... on 22 July, 2022

Jambeswar Naik (supra) is being relied upon for assessment of amount of compensation at Rs.10,00,000/- (Rupees ten lakhs only) to be paid to petitioner within four weeks from date of communication, failing which the direction will stand modified to be that the compensation amount will carry interest at 5% per annum simple from 2nd January, 2021, till date of payment.

Orissa High Court Cites 4 - Cited by 2 - A Sinha - Full Document

(Through Hybrid Mode) vs State Of Odisha And Others .... Opposite ... on 22 August, 2022

In the circumstances for assessment of compensation payable to petitioner, reliance is placed on order dated 30th September, 2021 made by the First Division Bench of this Court in W.P.(C) no.24882 of 2012 (Jambeswar Naik and another vs. State of Odisha and others). The Compensation assessed at Rs.10,00,000/-(Rupees ten lakhs only) is to be paid within four weeks of communication, failing which, it will carry interest at the rate of 6% per annum simple calculated on and from 7th September, 2018 (date of presentation of the writ petition) till date of payment.

Orissa High Court Cites 5 - Cited by 0 - A Sinha - Full Document

Jaladhar Jena vs Union Of India And Others .... Opposite ... on 18 October, 2022

3. He relies on judgment dated 11th August, 2022 by the first Division Bench of this Court in Writ Petition (Civil) no.7584 of 2014 (Madhav Soren v. State of Odisha and others) and order dated 10th May, 2022 of this Bench in W.P.(C) no.20443 of 2012 (Sanjay Kumar Mohanty and another v. State of Odisha and others), wherein order dated 30th September, 2021 also made by the first Division Bench of this Court in W.P.(C) no.24882 of 2012, (Jambeswar Naik and another v. State of Odisha and others) was relied upon. All the cases were regarding death of school children, where compensation awarded was Rs.10 lakhs.

Orissa High Court Cites 4 - Cited by 0 - A Sinha - Full Document

Sanjay Kumar Mohanty And vs State Of Odisha And Others .... Opposite ... on 10 May, 2022

7. In this case there is an enquiry report dated 29th September, 2011 of the District Inspector of School. It appears from the report that though toilet facility was available in the school, the students were not disciplined to use them. No steps had been taken by the headmistress to enforce discipline of using toilet in the premises. The students coming from rural background were used to defecate in the open. Inspite of toilet being available in the school premises, the teacher allowed the students to go outside the school premises, to relieve themselves. As such, contributory negligence in preventing the death is the inference. The case therefore is squarely covered by Jambeswar Naik (supra).

Orissa High Court Cites 1 - Cited by 2 - A Sinha - Full Document

Jaladhar Jena vs Union Of India And Others .... Opposite ... on 22 September, 2022

2. Mr. Sahoo relies on judgment dated 11th August, 2022 by the first Division Bench of this Court in Writ Petition (Civil) no.7584 of 2014 (Madhav Soren v. State of Odisha and others) and order dated 10th May, 2022 of this Bench in W.P.(C) no.20443 of 2012 (Sanjay Kumar Mohanty and another v. State of Odisha and others), wherein order dated 30th September, 2021 also made by the first Division Bench of this Court in W.P.(C) no.24882 of 2012 (Jambeswar Naik and another v. State of Odisha and others) was relied upon. In all the cases regarding death of school children, compensation awarded was Rs.10 lakhs.