VIRENDER SINGH, MUZAFFAR HUSSAIN ATTAR
Joginder Singh & Ors. – Appellant
Versus
State of J&K & Ors. – Respondent
1. Above captioned three appeals involve three different incident causing two deaths and injuring one. In this regard three different writ petitions were filed before the learned Writ Court for compensation, which have now been dismissed vide three different orders, but solely on the ground that they involve disputed questions of fact and such cannot be adjudicated upon in writ jurisdiction in the light of the judgment handed down by Hon'ble Apex Court in case 'S.D.O. Grid Corporation of Orissa Ltd. and others v. Timudu Oram' reported in 2005 AIR SCW 3715 (for short hereinafter to be referred as 'SDO Grid Corporation'). Therefore, all these three appeals have been clubbed together for disposal.
2. Even for deciding the main issue with regard to the mainta: " ability of the writ petitions, we have to look at the facts of each individual case, which, in brief, are thus:
Hereinafter the appellants shall be referred to as writ petitioner(s) only. LPAOW No. 34/2007 arising out of OWP No. 647/2002
3. In this case, there is an amputation of right arm of injured- writ petitioner Joginder Singh. His permanent disability is assessed as 60%. On the date of accident, he was work
H.S.E.B. and others v. Ram Nath and others (2004) 5 SCC 793 (Distinguished) (Para 24)
M.C. Mehta v. Union of India 1987(1) SCC 395 (Relied on) (Para 23)
Tamil Nadu State Road Trans. Corpn. Ltd. v. S. Rajapriya
Lata Wadi.wa v. State of Bihar AIR 2001 SC 3218 (Relied on) (Para 59)
Union of India v. Prabhakaran Vijaya Kumar and others (2008) 9 SCC 527 (Relied on) (Para 27)
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