Court : Orissa
Reported in : AIR1982Ori51
..... been lost or destroyed, or that either before or not later than fourteen days after the happening of the accident the insurer has commenced proceedings for cancellation of the certificate after compliance with the provisions of section 105; or(b) that there has been a breach of a specified condition of the policy, being one of the following conditions ..... exemption of liability.section 96(2) of the act provides that the insurer shall be entitled to defend an action on two grounds, namely --'(a) that the policy was cancelled by mutual consent or by virtue of any provision contained therein before the accident giving rise to the liability, and that either the certificate of insurance was surrendered to the insurer or that the person to whom the certificate was issued has made an affidavit stating that the certificate has ..... 1 nor his driver was examined in spite of orders of the tribunal, there can be no escape from the conclusion that the vehicle at the time of causing the accident was being driven by a person either without any authority from the owner of the vehicle or by a person without any driving licence. ..... nor rule 7of the orissa motor vehicles rules (accident claims tribunal) rules, 1960 casts any duty upon the defendant to file written statement, unless the tribunal specifically called upon to file written statement.rule 7 of the claims tribunal rules, 1960 reads as follows : .....
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Reported in : 2001ACJ1515; 89(2000)CLT49; 2000(I)OLR53
..... the fee payable in claim application as well as in appeal arising therefrom is governed by the provisions contained in rule 22 of the orissa motor vehicles (accidents claims tribunals) rules, 1960, framed under the provisions contained in the motor vehicles act. ..... vehicles act, 1988, envisages that state government may establish one or more motor accident claims tribunals for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of or bodily injury to persons arising out of the motor vehicle ..... however, in exercise of power under rule 22 of the orissa motor vehicles (accidents claims tribunals) rules, 1960, which can be exercised by an appellate court, as has been observed in the decision reported in 1995 (ii) olr 217 (supra), the appellants are exempted ..... onward transmission to the state to consider the question of effecting appropriate amendment in the court-fees act and/ or in the orissa motor vehicles (accidents claims tribunals) rules, 1960, to remedy the anomalous situation. ..... under rule 22(2) of the orissa motor vehicles (accidents claims tribunals) rules, 1960, there is a provision for exemption from paying the court-fee, but under the proviso to rule 22(2), it is laid down that in case the claim application is allowed, ..... -a of the motor vehicles act, 1939, which has been repealed by the motor vehicles act, 1988, the state government had framed the rules, known as the orissa motor vehicles (accidents claims tribunals) rules, 1960. .....
Tag this Judgment!Court : Orissa
Reported in : 2001ACJ224; 1999(II)OLR214
..... the insurance company in its written statement while denying about the accident and the income et cetera, pleaded that the amount claimed was excessive.4. ..... the provisions contained in rule 7 of the orissa motor vehicles (accident claims tribunal) rules, 1 960, do not support such a proposition. ..... in support of such contention, attention has been invited to rule 7 of the orissa motor vehicles (accident claims tribunal) rules, 1960, which is quoted as follows :'7. ..... the tribunal found that the accident occurred due to negligence of the truck driver and the annual income,of the deceased was about rs. ..... the children were admittedly minors at the time of the accident.3. .....
Tag this Judgment!Court : Orissa
Reported in : II(1992)ACC696; 1992ACJ418; AIR1991Ori200
..... local inspection : -- (1) the claims tribunal may at any time during the course of an inquiry before it visits the site at which the accident occurred for the purpose of making a local inspection or examining any persons likely to be able to give information to the proceeding. ..... i findthat item 14 of the claim petition stating particulars of the vehicle which caused the accident has been denied by the owner in his written statement in paragraph-4. p.w. ..... 2 who was with the deceased at the time of accident was not cross-examined and owner accepted the evidence recorded to be the evidence for the purpose of the case, i cannot draw an inference that mr. ..... under rule 10, tribunal may visit the site of accident for local inspection or for examining any person likely to be able to give information to the proceeding. ..... 20 of the orissa motor vehicles (accident claims tribunals) rules, 1960 (hereinafter referred to as the 'tribunal rules'). ..... the second motor accidents claims tribunal, cuttack) considered the question of applicability of order 9, c.p.c. ..... i was not at the place of accident at the time of accident. p. w. ..... it may also inspect the vehicle involved in the accident as provided in rule 11. ..... 7 caused accident with the deceased resulting in fatal injuries sustained by him. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2005Ori188; 99(2005)CLT201
..... patnaik, learned counsel for the appellants contended that the suit was filed under section 1(a) of the indian fatal accident act, 1955 and therefore, article 82 of the limitation act, 1963 is applicable to the present case and as such, the suit was grossly barred by the law of limitation. ..... in contact with the stay-wire of the electric pole, which in ordinary course should be neutral and not charged, the question of assessment of damages requires a separate consideration, it is no doubt true that under the indian fatal accident act, 1955, there is no scope whatsoever for awarding damages to the plaintiffs on account of their mental suffering and bereavement. ..... it is no more res integra that while calculating the quantum of compensation in a case under the indian fatal accident act, 1955, the approach of the court should be to arrive at a just compensation and no strict principle of mathematics can be applied for the said conclusion. .....
Tag this Judgment!Court : Orissa
Reported in : II(1987)ACC18
..... is therefore clear that the findings of the commissioner that the work performed by the applicant at the time of the accident was not a duty assigned to him, it was an unauthorised act and further that the applicant was negligent in doing ..... as noticed earlier, the respondent took the stand that since khageswar continued in his job with no less in emoluments drawn by him even after the accident, his earning capacity was not impaired in any manner and therefore he was not entitled to any compensation. ..... the liability to pay compensation, to the workman suffering injury was created immediately on occurrence of the accident and the claim must be taken as debt payable to the workman which was not a personal right, but a right that passed on to the heirs ..... it is thus evident that the workman suffered personal injury due to the accident arising out of and in coarse of his employment the objection filed on behalf of the respondent shows that a case under the exception embodied in the proviso (b) (ii) quoted above ..... sub-section (1) thereof lays down that if personal injury is caused to a workman by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in ..... it was established that the injured wilfully disobeyed an order expressly given or a rule expressly framed prohibiting him from performing the type of work which he was doing at the time of the accident or containing any express instruction regarding safety measures to be taken by him. .....
Tag this Judgment!Court : Orissa
Reported in : II(1993)ACC306; 1994ACJ680; 75(1993)CLT567; (1995)ILLJ298Ori
..... of the victim by the employer, the following conditions would require to be established:(1) that the workman was in fact employed on, or performing the duties of, his employment at the time of the accident; (2) that the accident occurred at or about the place where he was performing these duties, or where the performance of these duties required him to be present; (3) that the immediate act which led to or resulted in the ..... thus a workman who is injured in the course of his employment would be entitled to claim compensation only if his employment has given rise to the circumstance of injury by accident and in testing a case from that point of view, the word 'employment' is not to be confined in a narrow manner by reference only to the duties of a workman, but the character, conditions, ..... accident had some form of causal relation with the performance of these duties, and such causal connection could be held to exist if the immediate act which led to the accident is not so remote from the sphere of his duties or the performance thereof, as to be regarded something foreign to them. ..... act for personal injury will be entitled to compensation only on his proving that his injury was caused by accident arising out of and in course of his employment and if it is found that the accident did not arise out of his employment, he will not be entitled to any compensation. .....
Tag this Judgment!Court : Orissa
Reported in : 2008ACJ2310; AIR2008Ori111; 105(2008)CLT678; 2008(I)OLR809
..... . 6,11,364/-.the learned tribunal further came to the conclusion that since the offending vehicle was covered by valid insurance policy and the driver of the offending vehicle had valid driving licence on the date of accident, the insurance company was liable to pay the above compensation within two months from the date of the order, failing which interest @ 9% per annum would be charged from the date of default till payment of ..... provisions of section 173 do not contain anything regarding filing of certified copy or true copy of the award appealed against along with memorandum of appeal.however, sub-rule (2) of rule 21 of the orissa motor vehicles (accident claims tribunal) rules, 1960, provides that the memorandum of appeal filed against award of the claims tribunal shall be accompanied by a copy of the judgment and award appealed against. ..... considering the oral as well as the documentary evidence and rival contentions of the parties, the learned tribunal came to the conclusion that due to the rash and negligent driving of the driver of the offending vehicle, the accident was caused and in that accident the deceased died for which the claimants were entitled to get compensation ..... along with the copy of the award issued by the learned tribunal in terms of sub-section (2) of section 168 of the mv act is maintainable, the present appeal being an old appeal relating to the year 2002 arising out of an accident occurred on 03.03.2000, the same may be disposed of in the spirit of lok adalat today. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1976Ori205
..... the learned counsel for the appellant at the outset urged that the tribunal did not have the jurisdiction to entertain and adjudicate the claims preferred by the claimants as the place where the accident took place was not within the jurisdiction of the said tribunal at the time when the claim petition was filed before it this question was tried as a preliminary issue in the court ..... under section 110 of the motor vehicles act (hereinafter referred to as the 'act') it is for the state government to constitute one or more motor accident claims tribunals for such area as may be specified in the notification for the purpose of adjudication upon claims for compensation in respect of accidents involving the death of or bodily injury to persons arising out of the use of the motor vehicles or damages to any property of a third party ..... murty, learned counsel for the appellant has urged that the finding of the tribunal that the accident took place entirely due to rash and negligent driving of the driver of the bus org 2743 and that there was no contributory negligence on part of the driver of the car is incorrect, and is ..... earlier it has been found that at the place of the accident the car, before the accident had already overtaken the bus and was moving in front of the ..... with regard to the 4th and 5th issues the court below held that the accident took place entirely due to rash and negligent driving of the driver of the bus org 2743 and that there was no contributory negligence on the part of .....
Tag this Judgment!Court : Orissa
Reported in : 1985(I)OLR468
..... indicates that the boys were standing under the banyan tree and, therefore, their evidence that the vehicle went on the eastern portion of the road and dashed the boy and that the accident would not have occurred had the vehicle moved on the tar portion of the road, is fully corroborated by the evidence of p.w.11 as to the location and measurement of the road at the spot.7. ..... according to the learned counsel there was no rashness or negligence on the part of the driver of the bus and it was a pure case of accident which could not be avoided in spite of the driver taking all reasonable care and precaution.5. ..... crossed the road while the third one was hit by the bumper of the bus which was on account of the fact that the brakes did not operate effectively and this was a pure case of accident without any manner of rashness or negligence on the part of the accused.3. ..... he categorically asserted:'...had the vehicle plied on the road the accident would not have occurred, but it went to the side of kutcha road, hence the accident took place....'p. w. ..... had the vehicle proceeded on the tar road no accident would have occurred. ...'p w. ..... all of them spoke in a very straight-forward manner as to how the accident took place. p. w. ..... the negligence of the accused is further aggravated since he could see the boy from a furlong's distance and yet did not take reasonable care and caution so as to avoid the accident. ..... the spot-map prepared by him is ext-9 which undoubtedly has been prepared after the accident. .....
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