Judgment Search Results Home > Cases Phrase: accident Court: orissa Page 100 of about 12,545 results (0.036 seconds)

Khetrabasi Rout Vs. C.V.Ramesh Babu

Court : Orissa

..... this appeal by the claimants-appellants is directed against the award dated 7.5.2007, passed by the learned 1st motor accident claims tribunal, cuttack, in misc.case no.758 of 2004, awarding an amount of rs.89,000/- as compensation along with interest @ 6% per annum, from the date of filing of the claim application, i.e. .....

Manager(Legal),shrir Vs. Rout Purti

Court : Orissa

..... 07.05.2013, passed by the commissioner for employee s compensation, cuttack, in w.c.case no.478-d of 2011, awarding an amount of rs.4,98,083/as compensation, to be deposited within thirty days, failing which interest @ 12% per annum shall be payable from the date of the accident till payment. .....

Jhunu @ Chuni Tanti Vs. Kishore Tanti and ors.

Court : Orissa

Reported in : (2003)IILLJ378Ori

b. panigrahi, j.1. judgment and decree passed by the learned judge, family court, rourkela dated may 15, 1999 and august 2, 1999 respectively declaring respondent no. 1 to be the legally married wife of late puranlal tanti are under challenge in this appeal.2. the essential facts leading to this appeal are as follows:the case has suffered a chequered career. respondent no. 1 as plaintiff in the original suit before the learned judge, family court, rourkela claimed to be the wife of late puranlal tanti. it has been averred in the plaint that her marriage with puranlal was solemnised under hindu vedic rituals and ceremonies in the year, 1982 at the parental abode of the plaintiff-respondent no. 1 at barasad in the district of sambalpur. immediately following such marriage it was consummated at bondamunda in the district of sundargarh. out of their lawful wedlock a daughter named goumi tanti was born, but unfortunately she expired in the year 1989. respondent no. 1's husband was working as a box carrier in the south eastern railway at bondamunda and expired while in service on october 6, 1990. it is further averred by the plaintiff-respondent no. 1 that defendant no. 1 who is the appellant in this case was the widow of late kartik tanti, the younger brother of her husband puranlal. kartik tanti expired in 1990. the appellant was working as a maid servant in the houses of railway officers at chakradharpur. it is the case of the plaintiff-respondent no. 1 that immediately after .....

National Insurance Co. Ltd., Cuttack Through Administrative Officer, H ...

Court : Orissa

Reported in : 92(2001)CLT351; 2001(II)OLR339

..... the main challenge by the insurance company is that the driver of the offending vehicle had no valid driving licence at the time of accident and as such the insurance company is not liable to pay. ..... third motor accident claims tribunal, bhubaneswar and others') wherein it has been held : --'2. .....

New India Assurance Co. Ltd. Vs. Madan Sahu and ors.

Court : Orissa

Reported in : 1994ACJ630

..... the learned judge dealing with the point did not lay down that section 92-a would have retrospective application to the accidents which occurred prior to the date of amendment, but his lordship was of the view that legislature has brought that provision into the statute book with the intent of benefiting the claimants and there is no ..... in my opinion, the legislative intention behind introducing section 92-a was to benefit the claimants in a motor accident by giving them some compensation irrespective of the fault of anybody so that immediate relief reaches the aggrieved party without going through the process of adjudication ..... on 8.10.1981, a girl aged 8 years died in motor accident alleged to have been caused by the negligent driving of a truck bearing registration ..... the aforesaid amendment a provision was introduced that in case of death in a motor accident, a compensation commonly known as 'no fault compensation' of rs. ..... both these appeals arise out of an accident claim made before the motor accidents claims tribunal, cuttack. ..... 28,000/- before the accidents claims tribunal in misc ..... devi 1991 acj 347 (orissa), contended that even though section 92-a which was introduced in 1982 was subsequent to the date of accident, a minimum sum of rs. ..... the accident having taken place on 8.10.1981 it was beyond the period covered by the policy and, therefore, the assurance company had no liability ..... the accidents claims tribunal (hereinafter referred to as 'the tribunal') allowed a compensation of .....

Divisional Manager, Oriental Insurance Co. Ltd. Vs. S.H. Mehar Singh a ...

Court : Orissa

Reported in : II(1998)ACC349; 2000ACJ120; 85(1998)CLT766

..... the owner of the truck on 27.2.1992 filed a counter admitting the employment and accident, but made bald denial to the other contentions relating to death due to accident while under the employment and about the age of the deceased persons, etc. ..... 2 filed written statement in between 10.4.92 and 20.7.1992 denying the death due to accident, employment, wage and age of the deceased driver and helper. ..... neither in the appeal memo nor during the course of hearing, correctness of the findings in the impugned judgment that the deceased driver and helper were the workmen; that the accident and death occurred out of and in the course of employment; that both the deceased persons were aged about 22 years by the date of accident and the death; that the claimants, i.e. ..... though there is mention in the written objection filed before the tribunal about policy being taken subsequent to accident, there was no reference to the proposal form. ..... wmk 9838 met with an accident on the national highway within the jurisdiction of dharmasala p.s. ..... (ii) whether the accident and death occurred out of and in the course of employment? ..... had this document been brought before the tribunal, the insured would have got an opportunity to throw light on the alleged omission to mention about the accident. ..... claimants in the cases 533-d and 522-d were respectively examined as pws 1 and 2 and an independent witness to the accident as pw 3. .....

Executive Engineer, Balassore Electrical Division Vs. Commissioner For ...

Court : Orissa

Reported in : I(1993)ACC191

..... a feeble attempt was also made to impress that the claimant workman having exceeded the work schedule allotted to him, the accident did hot take place out of and in course of employment.the learned counsel appearing for the workman submitted that submissions made by the employer are not acceptable both ..... claim was also challenged by the employer on the ground that the same having been filed after about ten years of the accident was hopelessly barred by time and in the absence of any plausible explanation for delay, the claim petition was liable to ..... a specific plea was also raised by the employer that there was no loss of income and even after the accident, the authorities on sympathetic consideration permitted the injured to work in a different post and there being no loss of earning, the claim petition was not maintainable.this aspect does not ..... employer attempted to justify its stand that the act of the injured was unauthorized and therefore, the accident did not arise out of and in course of his employment in order to entitle the latter to ..... regarded a workman only as a wage-earner and was concerned not with any physical pain or suffering or disfigurement to which a workman might be subjected by accident, but only with the loss of power to earn wages resulting from the injury. ..... the employer in its return accepted that there was an accident, but took the plea that the workman sustained injuries while doing a work which exceeded the work schedule allotted to him, and therefore it .....

National Insurance Co.Ltd. Cantonment Road, Cuttac Vs. Krushna Chandra ...

Court : Orissa

..... deceased biswajit sahoo was 23 years old on the relevant date of accident and earning rs.3,000/- per month being engaged as supervisor in m/s maa durga polymer, jagatpur, cuttack. ..... as it relates to the deceased biswajit sahoo for whom the present appeal has been filed:(i) whether due to rash and negligent driving of the driver of the offending vehicle bearing registration not oru-2267 the accident took place and in that accident, deceased biswajit sahoo succumbed to the injuries?. ..... however, mr.maharana submits that this appeal may be disposed of in the manner and spirit in which the motor accident claim cases are disposed of in the lokadalat, to which mr.g. ..... is an appeal under section 173 of the motor vehicles act, 1988 (hereinafter referred to as the act ) filed by the insurance company against the award dated 28.11.2011 passed by the additional district judge, cuttack-cum-1stmotor accident claims tribunal (hereinafter referred to as the tribunal .) in m.a.c. ..... due to the said accident, two deceased persons, namely, biswajit sahoo and hemanta sahoo succumbed to the injuries. ..... at the time of said accident, one biswajit sahoo and harihar behera were sitting on the trolley. ..... after taking into consideration the oral and documentary evidence and rival contentions of the parties, the learned tribunal came to the conclusion that the accident took place due to rash and negligent driving by the driver of the offending truck and the deceased died in the said accident. .....

The Manager, M/S.Oriental Insurance Co. Ltd., Bhub Vs. Nanga Madkami a ...

Court : Orissa

..... parties 1 and 2 denying the claim of the claimant- petitioners that they were responsible for the death of the deceased student in the alleged vehicular accident filed their written statement jointly on the ground that the vehicle was not driven in high speed and negligent manner. ..... and disposed of on 20.12.2012 b.n.mahapatra, j.this is an appeal under section 173 of the motor vehicles act, 1988 (hereinafter referred to as the act ) filed by the insurance company against an award dated 08.07.2011 passed by the motor accident claims tribunal-cum-additional district judge, malkangiri (hereinafter referred to as the tribunal .) in m.a.c. ..... the above pleadings, the learned tribunal framed the following four issues:(i) whether there was an accident, as alleged, causing the death of the deceased bhima madkami?. ..... , mr.panda submits that this appeal may be disposed of in the manner and spirit in which the motor accident claim cases are disposed of in the lokadalat, to which ms. ..... due to such vehicular accident, the deceased sustained grievous injuries for which, he was shifted to malkangiri district headquarters hospital immediately, but on the same night at about 3.00 am, the deceased died at the hospital ..... taking into consideration the oral and documentary evidence and rival contentions of the parties, the learned tribunal came to the conclusion that the accident took place due to rash and negligent driving by the driver of the offending truck and the deceased died in the said accident. .....

Prafulla Kumar Samal Vs. Union of India

Court : Orissa

..... he was travelling in the driver s cabin with arms on his shoulder and instructed the driver to stop the train for a while at the site of accident so as to enable him to safely get down from the train, 2 for guarding the site. ..... the facts of the present case also clearly exhibit the multiplicity of misfortune faced by the appellant victim in the accident, though may not be to that degree or dimension as was faced by rathi menon.10. ..... he further submitted that since it is well settled in law that the railway accident and untoward incident (compensation) amendment rules, 1997 is not prospective in nature, but retrospective. ..... post, talcher, to move in the next available goods train (as passenger train is plied only once a day in the route) to proceed to the accident site on the railway track in between budhapank and talcher under budhapank railway station, he carried out the command and proceeded to the place of accident immediately in the next available goods train. ..... 3,20,000/- as provided in item no.17 of part-iii of schedule-e of the railway accidents and untoward incident (compensation) amendment rules, 1997. ..... in length, the railway accident (compensation) rules, 1990 lay down a compensation of rs. ..... on arrival near the accident site, the driver of the goods train stopped the train and when the appellant was in the process of getting down from the driver s cabin, i.e. .....