Court : Orissa
Reported in : I(1995)ACC582
..... if by reason of any of these, factors the workman is brought within the zone of special danger, the injury would be on which arise 'out of employment' to put it different if the accident had occurred on account of a right which is an incident of the employment, the claim for compensation must succeed, unless of course the workman has exposed himself to an added peril by his own imprudent ..... section 3 of the act provides that if personal injury is caused to a workman by accident arising out of and in course of employment, his employer shall be liable to pay compensation in accordance with the provisions contained in chapter ii of the ..... it was next contended by shri roy that as the death by accident was not out of and in course of employment, no liability can be fastened on the ..... by itself cannot form the basis to claim compensation on the ground that death by accident was caused out of and in course of the employment. ..... trite law that to come within the purview of the act, the injury (or death) by accident must arise both out of and in course of employment. ..... roy submitted that the insurance policy in question covered the work site at parvatinagar and not loliguda where the accident took place and, as such, no liability can be fixed on it. ..... there is no dispute that the accident took place in the night when the deceased ..... , it did not, because, what it was not part of the employment to hazard, to suffer, or to do, cannot well be the cause of an accident arising out of the employment. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1975Ori205
..... the principal function of the maxim is to prevent injustice which would result if a plaintiff were invariably compelled to prove the precise cause of the accident and the defendant responsible for it, even when the facts bearing in the matter are at the outset unknown to him and often within the knowledge of the defendant. ..... the burden on the defendant is to show either that in fact he was not negligent or that the accident might more probably have happened in a manner which did not connote negligence on his part- where, therefore, there is a duty on the defendant to exercise care, and the circumstances in which the injury complained of happened are ..... the fact that the defendant is as much at a loss to explain the accident or himself died in it does not preclude an adverse inference against him, if the odds otherwise point to his negligence. ..... the mere happening of the accident may be more consistent with the negligence on the part of the defendant than with other causes. .....
Tag this Judgment!Court : Orissa
Reported in : 104(2007)CLT339
..... vehicle, for realization/recovery of the entire amount paid/deposited by it, in accordance with law, if the driver of the said vehicle was not possessing a valid driving licence to drive a truck on the date and time the accident was caused as well as shall have liberty to attach the vehicle, if the owner/insured does not participate in the proceeding and comply with the order passed in the proceeding for recovery.15. ..... 1 and 2, who are the wife and son of one jagannath alias jagabandhu pasayat, who died in a road accident caused on 08.12.2000 due to rash and negligent driving of the driver of a truck bearing registration no. ..... the case of the claimants/respondents is that the deceased, who died in a road accident due to rash and negligent driving of the driver of the offending vehicle, was aged about 56 years at the time of his death and was earning rs 4000/- per month as a supervisor. ..... submitted that the insurance company is not liable to pay the compensation indemnifying the owner of the vehicle, since the driver of the offending vehicle was not having a valid driving licence at the time of the accident, which is in violation of the terms and conditions of the policy. ..... so also the awarded interest at the rate of 9% per annum is on the higher side, since it was not the prevailing bank's rate of interest at the time of accident/filing the claim case. ..... 2/insurance company challenging the award-dated 31.05.2005 passed by the learned 2nd motor accident claims tribunal, cuttack in misc. .....
Tag this Judgment!Court : Orissa
Reported in : 1995ACJ968; 1994(II)OLR437
..... learned counsel for the appellant strenuously contended that the claim application having been made beyond one year of the occurrence of the accident, the tribunal had no jurisdiction to condone the delay under sub-section (3) of section 166 of the motor vehicles act, 1988 (hereinafter referred to ..... illegality in not noticing the appellant in the matter of limitation but also over-looked the fact that claim application was made after about fourteen months of the occurrence of the accident and exercise of its power of condoning delay is available when there is delay of six months and not beyond that. ..... it states as follows ; 'no application for such compensation shall be entertained unless it is made within six months of the occurrence of the accident provided that the claims tribunal may entertain the application after the expiry of the said period of six months but not later than twelve months, if it is satisfied that the ..... appreciate the contention of the appellant, following basic facts are necessary to be noted.the accident took place on 25-10-1988 when the motor vehicles act, 1939 (old act) was ..... swaranlata das, air 1393 sc 1259) that in case in which the accident took place when the old act was in force and the claim petition was tiled after enforcemant of the new act, question of condonation of delay would be governed by the new law ..... 70,000/- as compensation.the tribunal came to hold that the accident took place due to the rash and negligent driving of the offending scooter .....
Tag this Judgment!Court : Orissa
Reported in : I(2005)ACC174; 2006ACJ1048; 98(2004)CLT618; [2005(104)FLR626]
..... the submissions made, i find that these two appeals involve the following questions for consideration :(i) whether non-consideration of the fact that no information was lodged regarding the accident in the concerned police station, is a question of law to be gone into in an appeal under section 30 of the act? ..... i, therefore, hold that the fact that no information was lodged regarding the accident in the concerned police station is not a question of law required to be decided in these ..... (supra) this court in a similar situation held that non-information to the police of an accident is a factual aspect and is not a substantial question of law for the purpose of section 30 of the ..... the contrary submitted that the appointment letter produced by the claimants clearly shows that the deceased was employed as a driver under the owner of the vehicle and as on the date and at the time of accident he was undisputedly working as a driver of the truck bearing no. ..... oig 2462 on the date and time of accident and, therefore, employment, if any of the deceased was casual ..... stated in their application that at the time of accident the deceased was under the employment of m/s. ..... (1) olr 207 contended that the fact of no information to the police regarding an accident is not a substantial question of law.5. ..... and having died in an accident arising out of and in course of his employment and he being a workman is entitled to compensation under the workmen's compensation act, 1923 (hereinafter referred to as the .....
Tag this Judgment!Court : Orissa
Reported in : 2006ACJ989; 98(2004)CLT648
..... learned counsel for the appellant is that the driver of the offending vehicle, the trekker, having not held a valid driving license for commercial vehicles (passenger carriage) at the material time of accident, the liability could not be fastened against the appellant insurer since it is in violation of the condition of the policy and provisions of law. ..... 2 kuber sahu, a co-passenger in the offending vehicle, and the police papers, the tribunal came to hold that the accident, which resulted in the death of dusasan sahoo, took place due to the rash and negligent driving by the driver of ..... against the judgment and award of the second motor accident claims tribunal (northern division), sambalpur awarding a compensation ..... tribunal has held that since the driver had an effective driving license on the date of accident, the liability of the insurer cannot be avoided. ..... the learned motor accident claims tribunal framed two issues:(a) whether, the accident took place on 4.5.1993 due to rash and negligent-driving of the ..... or 05 6262 a trekker and the accident caused due to the rash and negligent driving of ..... remained ex parte and the appellant-insurer filed its written statement denying the insurance policy and the accident said to have occurred on 4.5.1993. ..... that no further affidavit or modified written statement has been filed, but as reflected in the impugned order of the tribunal, the existence of a policy in respect of the offending vehicle on the alleged date of accident has been admitted. .....
Tag this Judgment!Court : Orissa
Reported in : I(2005)ACC279; 98(2004)CLT712; [2005(104)FLR283]
..... be so liable :(a) in respect of any injury which does not result in the total or partial disablement of the workman for a period exceeding three days;(b) in respect of any injury, not resulting in death or permanent total disablement caused by an accident which is directly attributable to :(i) the workman having been at the time thereof under the influence of drink or drugs, or(ii) the willful disobedience of the workman to an order expressly given, or to a rule expressly framed, for the purpose of securing ..... after analyzing various judicial pronouncements of different high court it was held that :(i) there must be a casual connection between the injury and the accident and the work done in the course of employment;(ii) the onus is upon the applicant to show that it was the work and the resulting strain which contributed to, or aggravated, the injury;(iii) it is not necessary ..... death was caused due to coronary thrombosis and it was pleaded by the employer that the said workman did not suffer from any injury during and in course of his employment and the accident did not take place during and in course of his employment and, therefore, the employer is not liable to pay any compensation. ..... the above principles of law to the facts of the present case and the admission of the appellants in their written statement, the only conclusion that can be drawn is that the deceased-workman died in an accident which had a direct nexus with the work which he was doing in course of his employment. .....
Tag this Judgment!Court : Orissa
Reported in : 104(2007)CLT621; 2007(II)OLR406
..... 1 before the second motor accident claims tribunal, challenging the order-dated 31.05.1994 passed in mjc no. ..... mishra, learned counsel for the petitioner submits that an ex parte award dated 28.08.1993 was passed against the petitioner by the learned second motor accident claims tribunal (s.d. ..... 2/94 was dismissed by the learned second motor accident claims tribunal (s.d. ..... 1 and 2/claimants submits that the claim application is of the year 1992, which was filed by the sons of the deceased claiming compensation for the death of their mother in a motor accident on 11.11.1991. .....
Tag this Judgment!Court : Orissa
Reported in : IV(2005)ACC833; 2007ACJ753; 2005(II)OLR442
..... premium has been paid or not is not the concern of the third party who is concerned with the fact that there was a policy issued in respect of the vehicle involved in the accident and it is on the basis of this policy that the claim can be maintained by the third party against the insurer.7. ..... been provided therein that the insurer can take a defence of its non-liability, if either before or not later than 14 days after happening of the accident, it has commenced proceeding for cancellation of the certificate after compliance with the provisions of section 105. ..... not having paid the premium in time, the insurance policy had been cancelled and the accident having taken place much after such cancellation, the insurance company was not liable to pay the ..... the tribunal held that the insurance company could not be absolved of its liability to indemnify the insured only because the policy was unilaterally cancelled.it is apt to mention here that the accident having taken place in the year 1986, the case is governed under old act i.e. ..... further asserted that the said bus was duly insured with the appellant-insurance company and the accident took place due to rash and negligent driving of the driver of the offending vehicle. 3 ..... 1996 (1) tac 340 (sc) has observed that under the old act there was protection to third parties that is victims of the accident by virtue of sections 94 and 95 of the old act. ..... insurer of damages awarded to any victim of an accident arising out of use of the vehicle in a .....
Tag this Judgment!Court : Orissa
Reported in : 1991(I)OLR433
..... a faint attempt was made to urge that the factum of accident having been suppressed, policy was not available, to be acted upon being outcome of fraud. ..... 11-1- 1986, it was not insured by the time the accident took place, and the insurance was taken some hours later. ..... 8,500/- being compensation for loss of two buffaloes who died on account of an accident, damage to his cart and personal injury received. ..... i have 'therefore, no hesitation in holding that the vehicle was insured on the date of accident and therefore, policy covered it. ..... stress on the time of issue of cover-note is made to emphasize that at the point of time cover-note was issued, the accident had already taken place and therefore, policy did not cover the accident. ..... the insurer calls in question legality of an award made by second motor' accident claims tribunal (s. d. ..... a-1) issued clearly indicated time of issue to be 12 noon and therefore, the vehicle was not insured at the time of accident. ..... the insurer denies its liability to indemnify the award, so far as the owner of the vehicle is concerned, on the ground that though the vehicle was insured with it on the date of accident i.e. .....
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