Court : Orissa
Reported in : II(2001)ACC555; 2002ACJ1187; 2001(I)OLR533
..... at the time of accident, the deceased did not have a valid driving licence and as such, the insurance company was ..... the appellant in its original written statement while admitting about the death on account of accident in course of employment of the deceased had subsequently taken a plea by way of amendment of the written statement that the deceased met with the accident while he was proceeding to the village of his father-in-law and as such, the accident was not in course of employment, nor did it arise out of the employment.the insurance company took the plea that ..... the learned counsel appearing for the appellant then contended that even though at the time of the accident the licence of the driver had lapsed, the amount should have been directed to be paid by the ..... also highlighted the fact that in the original written statement, it had been claimed by the present appellant that the accident had arisen out of and in course of employment and as such, the compensation should be paid by the insurance company ..... the commissioner found that the deceased was a workman under the appellant and the accident had arisen out of and in course of employment and as such the employer was liable to pay .....
Tag this Judgment!Court : Orissa
Reported in : (2009)107CALLT323(NULL)
..... thus, according to the opposite parties, there was absolutely no negligence on their part, and the accident in fact took place due to the negligence of the hotel owner as well as jitu, who was not careful, and only due to his negligence, the tin sheet, which he was carrying touched the live electric ..... it is needless be said that if such a petition is filed, it is open to the opposite parties to consider the entire facts and decide as to whether the accident in question took place due to any negligence and or contributory negligence of the opposite parties. ..... a.k.mohapatra, learned counsel for the petitioners, took much strain to convince this court that in fact the accident took place due to the negligence of the opposite parties. ..... the accident in question, as stated earlier, took place on 16.9.2004. .....
Tag this Judgment!Court : Orissa
Reported in : 2006ACJ690; 98(2004)CLT175; [2004(102)FLR88]; 2004(I)OLR521
..... provision under section 149 of the motor vehicles act came to the conclusion that in a case under the workmen's compensation act, the insurer is liable to pay the compensation amount even though on the date of accident the driving licence was not valid, but the driver had held a driving licence and was not disqualified to hold a driving licence, in such a case it was held that it cannot be said that there ..... licence and interpreting the said provisions, observed that the beneficial statute as is well known must receive a liberal interpretation and even held that if a person does not hold an effective licence as on the date of accident he may be liable for prosecution in terms of section 141 of the motor vehicles act but the insurer cannot be absolved of its liability. ..... at the bar, this court is of the view that mere mention about liability being of the employer in section 4-a(3) of the act is not enough to exonerate the insurer to indemnify the employer in this regard in a case of accident involving a motor vehicle which required compulsory insurance under the provisions of the motor vehicle act. ..... deceased was driving the said vehicle and coming from rayagada to gupteswar, on the way, met with an accident, as a consequence of which the deceased sustained severe bodily injuries and died at the spot. ..... 2, the owner of the vehicle while admitting the fact of accident and that the deceased died during the course of his employment stated, inter alia, that the deceased was getting a wage .....
Tag this Judgment!Court : Orissa
Reported in : I(2005)ACC539; 2006ACJ585; 2004(I)OLR292
..... dash, such a belated plea should not be taken into consideration, according to learned counsel, if on the date of the accident, there was a policy of insurance in respect of the offending vehicle in question, the third party would have to claim against the insurer (insurance company) of the owner of the offending vehicle to indemnify the claim ..... on an analysis of the evidence adduced by the parties inter se the tribunal arrived at a conclusion that the accident occurred due to the negligent driving by the driver of the offending vehicle and taking into consideration the fact that a ..... 20,000/- towards conveyance from the spot of the accident to the hospital and back, cost incurred for treatment, cost of attendant in the hospital as well as other expenses.the owner of the vehicle did not contest the case and was set ex ..... 2000 sc 1082, submitted that admittedly the accident in the present case took place on ..... have been returned on 1.3.1994, no action was taken by the insurance company for cancellation of the insurance policy which was admittedly issued much earlier and was subsisting on21.2.1994 when the accident took place. ..... has been paid or not is not the concern of the third party who is concerned with the fact as to whether there was a policy issued in respect of the vehicle involved in the accident and the same was valid on the date of accident. ..... this question squarely depends upon the fact as to whether the insurance policy was valid on the date on which the accident took place. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2009Ori185; 2009(II)OLR183
..... party obliged either acted deliberately in defiance of law or was guilty of conduct, contumacious or dishonest or acted in conscious disregard of its obligation.the apex court in ved prakash garg (supra) held when an employee suffers from a motor accident injury while on duty on the motor vehicle belonging to the insured employer, the claim for compensation payable under the workmen's compensation act along with interest thereon, if any, as imposed by the commissioner under section .....
Tag this Judgment!Court : Orissa
Reported in : I(2007)ACC589; 102(2006)CLT437; [2006(111)FLR401]
..... appellants field a written statement denying the allegations made in the claim petition and a specific stand was taken to the effect that accident did not take place in course of and out of employment and therefore the claimant is not entitled to any compensation. ..... 89 (2000) clt 57 this court held that whether the accident took place in course of employment or not is a question of fact and not available to be challenged in appeal under section 30 of the act if appreciation of evidence on record does not suffer from any ..... /- was allowed.the appeal has been filed basically on the ground that the accident did not take place in course and out of employment. ..... in his deposition he has stated that on the date of accident while in employment as pump operator he was trying to switch on the pump from a height and fell down, as a result of which he sustained injuries all over his ..... found that the employer measurebly failed to prove its stand, version of the claimant is to be accepted and theirfore it can safely said that the accident took place in course and out of employment. ..... counsel appearing for the claimant-respondent, on the other hand, submitted that on analysis of evidence adduced from both sides, the learned commissioner arrived at a finding of fact that the accident took place in course and out of employment. ..... the basis of the pleadings of the parties, learned commissioner framed four issues and on analysis of evidence, held that the accident took place in course and out of employment. .....
Tag this Judgment!Court : Orissa
Reported in : 99(2005)CLT294
..... the insurance companies in their written statement baldly denied the fact of accident and pleaded that the claimant and the owners of the vehicles should prove all the allegations beyond reasonable doubts and should be put to ..... scrutiny of the oral evidence leads to an irresistible conclusion that the accident, in fact, occurred due to utter negligence of the driver of the bus ..... vis ext-a the appellant-insurance company totally failed to establish the fact that it had intimated the owner of the offending vehicle before the date of accident that the insurance policy stood cancelled. ..... it was further held that the accident took place due to contributory negligence of both ..... insurance company has preferred this appeal assailing the judgment passed by the third motor accident claims tribunal, puri in mact misc. ..... on scrutiny of the evidence came to the conclusion that the claimant was travelling in the offending bus bearing registration number osu 9423 and due to the accident she sustained grievous injuries. ..... as a result of such accident, the claimant as well as many other passengers sustained ..... the accident took place in the ..... other bus deliberately after giving an impression that it had permitted the said bus to over-take it, took a right swing thereby compelling the latter bus to apply sudden brake which resulted in the accident. ..... permanently disabled.admittedly she was working as nursing sister in the district head quarters hospital, puri and was aged about 43 years at the time of accident. .....
Tag this Judgment!Court : Orissa
Reported in : I(2000)ACC395; 89(2000)CLT26
..... is now well settled that in order to succeed, the claimant has to establish that the death was on account of an accident; the accident was in course of employment as well as arose out of employment. ..... bijuli naik, it can be said that the expression 'accident' has been used in the popular and ordinarily sense and means 'mishap' or 'untoward event not expected or ..... for compensation was filed by the widow on the ground that the death was caused due to an accident arising out of and in course of employment.3. ..... trustees, bombay port trust, it was observed that if the workman died as a natural result of the disease from which he was suffering, then it cannot be said that the death was caused in an accident arising out of employment. ..... the moot question is as to whether such accident arose out of employment. ..... found that the deceased was a workman, but there was no material to indicate that the death was on account of an accident arising out of employment.5. ..... claimed, inter alia, that the death was not on account of any accident arising out of employment.4. ..... the expression 'accident' has not been defined in the workmen's ..... the employment and the employer would be liable.even if a workman dies from a pre-existing disease, if the disease is aggravated or accelerated under circumstances which can be said to be accidental, his death results from injury by accident.... ..... view the aforesaid principle, it can be said that the rupture of the peptic ulcer of the deceased can be taken to be an 'accident'. .....
Tag this Judgment!Court : Orissa
Reported in : II(1992)ACC362
..... , supposing while the truck is being loaded with logs, suddenly the vehicle is started without any caution, and a log falls on a parson, certainly it can be held that the accident had nexus with the use of the vehicle, merely because the vehicle was intended to be used as means of transportation, that would not be decisive. ..... of the said expression clearly indicates that for the purpose of awarding compensation , under section 92-a, the relationship between the use of the motor vehicle and the accident resulting in death or permanent disablement is not required to be direct and proximate, and it can be less immediate. ..... the factual finding recorded by the tribunal on evaluation of evidence, the irresistible conclusion is that the vehicle was not in use when the accident occurred and therefore, the claimants were not entitled to any compensation.4. ..... more: : [1991]3scr26a , the construction of the expression 'arising out of the use of a motor vehicle' in section 92-a enlarges the field of protection made available to the victims of an accident and in consonance with the beneficial object underlying the enactment. ..... the expression 'use of a motor vehicle' in section 92-a covers accidents which occur both when the vehicle is in motion and when it ..... the claimants, the tribunal was not justified in its conclusion that the accident did not arise out of use of the vehicle. ..... consideration of the rival stands relating to the cause of accident, in my view, the conclusion of the tribunal is .....
Tag this Judgment!Court : Orissa
Reported in : I(1995)ACC579
..... going through the evidence on record, i am satisfied and, therefore, hold that rasananda died of an accident arising out of and in course of his employment and the appellants are entitled to compensation. ..... besides, it could not be proved at all that there was an accident of the deceased for which there was a brain haemorrhage and he expired ..... was wrong on the part of the commissioner to draw an inference, that too without any medical opinion, that in the absence of an external injury on the head, the fact of accident itself should be disbelieved.therefore, i am of the opinion that rasananda while on duty met with an accident and a wooden pole struck his head. ..... the learned commissioner held that he did not die of an accident and since the evidence on record proved that he died of hypertension, this could not be said to be an accident arising out of and in course of his employment.mr. g.p. ..... it is common knowledge that in every case of an accident affecting any part of the human body there must be a corresponding external injury unless of course the assault is by any sharp cutting ..... 2 had there been a real accident the real applicants must have filed this claim application before 8.6.1989 or within the time limit and not after two months of the money suit filed by opposite party against the son of ..... pw 2 stated that on the date of accident while the deceased was supervising the work he fell down suddenly and when he (pw 2) and others asked him, the deceased replied as having a reeling of .....
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