Court : Orissa
Reported in : 2001ACJ538; 90(2000)CLT8
..... made available by the concerned licensing authorities, it is now apparent that the driver did not have a valid driving licence authorising him to drive a transport vehicle, that is to say, a tractor attached with trolley, on the date of accident and evidently there has been a patent breach of the condition of the policy. ..... the owner had admitted about the employment and the accident, but pleaded that the compensation should be paid by the insurance company. ..... the commissioner found that the three claimants were workmen and had sustained injuries in an accident arising out of and in the course of employment. ..... it was alleged in the three applications that the injuries were sustained in the accident arising out of and in the course of employment.3. ..... the accident took place on 18.12.92 involving a tractor attached with a trolley. w.c. ..... c-l) is considered to be the driving licence, it appears that the endorsement authorising the person to drive light transport vehicle is with effect from 24.6.94, that is to say, much beyond the date of accident. ..... the learned counsel for the appellant contended that the tractor attached with a trolley comes under the definition of a 'transport vehicle' and was being used as such on the date of accident. ..... a common award passed by the commissioner for workmen's compensation-cum-assistant labour commissioner, cuttack (for short, 'the commissioner'), in three different claim cases under the workmen 's compensation act arising out of the same accident.2. .....
Tag this Judgment!Court : Orissa
Reported in : 108(2009)CLT826; 2009(II)OLR726
..... 3,32,580/- on account of death of deceased muzubir raheman due to injuries sustained in an accident arising out of and in course of his employment with the petitioners. ..... after calling for the particulars relating to the accident under section 10-a the commissioner has no jurisdiction to straightaway call upon the employer to deposit the compensation amount without adjudging whether the accident arose out of and in the course of employment.8. ..... in other words, it is not necessary that the commissioner is satisfied that the accident has arisen out of or in the course of the employment. .....
Tag this Judgment!Court : Orissa
Reported in : 1995ACJ696
..... the person or persons to whom compensation shall be paid and in making the award the claims tribunal shall specify the amount which shall be paid by the insurer or owner or driver of the vehicle involved in the accident or by all or any of them, as the case may be:provided that where such application makes a claim for compensation under section 140 in respect of the death or permanent disablement of any person, such claim ..... section 166(2) which is important for adjudication of the case reads like this-(2) every application under sub-section (1) shall be made to the claims tribunal having jurisdiction over the area in which the accident occurred and shall be in such form and shall contain such particulars as may be prescribed:provided that where any claim for compensation under section 140 is made in such application, the application shall ..... -for the removal of doubts, it is hereby declared that the expression 'claims for compensation in respect of accidents involving the death of or bodily injury to persons arising out of the use of motor vehicles' includes claims for ..... -(1) where death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or, as the case may be, the owners of the vehicles shall, jointly and severally, be liable to pay compensation in respect ..... vehicle appeared and filed its written statement admitting the accident and claimed to be indemnified by the insurer. .....
Tag this Judgment!Court : Orissa
Reported in : I(1993)ACC653
..... evidence has been led by the claimant in this .case to show that the offending vehicle org 9709 had really committed the accident due to rash and negligent driving of the driver of that vehicle. ..... in that case the claimant failed to connect the bus with the accident for which the claim petition was dismissed. ..... 23 of 1986 in the court of the member, second motor accident claims tribunal, berhampur who being aggrieved by the order of the tribunal dated 24.4.87 has preferred this miscellaneous appeal.2. ..... no evidence has been led by the owner of the insurance company to rebute the evidence that the truck had made the accident on the date and place as alleged. ..... org 9709 had caused the accident and he stated that without referring to any document. ..... 1, the owner had denied in his written statement that the vehicle had met any accident on the date alleged. mr. ..... i do not find any infirmity with the order of the tribunal in holding that the vehicle in question had committed the accident. ..... indicating therein that the vehicle belonged to reddy doctor, had met the accident. ..... the owner and the driver of the bus denied any involvement of the bus in the accident. ..... reported in 1986 acj 898, in which case the claimant alleged that he was injured and his two bullocks died in the accident. .....
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Reported in : 2005(II)OLR676
..... the petitioner alleges that the question regarding the said accident in which the kerosene tankers were gutted in fire, was raised in the state assembly and the concerned minister gave a statement that there has been a preliminary enquiry regarding the said incident and necessary ..... on 23.3.2005 a fire accident took place in which two kerosene tankers were gutted in fire inside the godown premises of the petitioner and an fir to that effect, was registered as p.s. .....
Tag this Judgment!Court : Orissa
Reported in : I(2000)ACC5; 88(1999)CLT544; (2000)IIILLJ1452Ori
..... osu-7056 being driven by prakash chandra biswal, one of the claimants, met with an accident near bidanesi new colony, cuttack, as a result, he and two labourers, namely, bimal kumar mandal and prabhat kumar dhal, the other two claimants, ..... and 3, corroborating each other, stated that in course of their employment the accident occurred on january 11, 1994 on account of which they received injuries. ..... on being noticed, the insurer filed objection denying the accident said to have taken place as alleged by the ..... there being no serious dispute regarding the accident by the insurer, in my opinion, the ends of justice would be best served if the dispute is finally resolved in these ..... since the claimants sustained injuries in the accident arising out of and in course of their employment, they moved the commissioner under the workmen's compensation act, 1923 (for short, 'the act') claiming ..... the claimants immediately after the accident nor even some days thereafter. ..... the contentions raised at the bar at the outset it is necessary to note that the vehicle involved in the accident belonged to tusharkanta mohapatra, respondent no. ..... , there remains no other evidence to assess the loss of earning capacity of the claimants on account of the injuries they received in the accident. ..... treated the claimants, being not orthopaedic specialists, their reports should not have weighed with the learned commissioner to hold that the claimants were incapacitated due to the injuries received in the accident. .....
Tag this Judgment!Court : Orissa
Reported in : (1993)IILLJ291Ori; (1993)IILLJ292Ori; 1993(I)OLR402
..... be concluded that the present was not a case of punishment, because an enquiry into the conduct of the petitioner relating to his negligence had been made and the court of enquiry came to the conclusion that the accident was due to the sheer negligence of the petitioner, following which the impugned order had come to be passed. ..... the petitioner submitted his explanation stating inter alia, that near the spot of the accident he heard a sound (dhaka dhaka) from the backside of the vehicle and when he tried to stop the same, the right hand back wheel touched the foot-path and the vehicle immediately turned down. ..... the aforesaid does not lead to doubt that it was the conclusion of the court of enquiry that the accident was due to negligence of the petitioner which led to the passing of the impugned order. ..... the court of enquiry came to the conclusion that the accident was 'purely due to the sheer negligence' of the petitioner. ..... from the counter affidavit filed by the opposite parties, it appears that a court of enquiry examined as to how the aforesaid accident took place. ..... on june 8, 1989, an accident took place and in memo dated 15/16 june, 1989 (annexure-3) it was stated that the petitioner while driving the fire-fighting vehicle, lost control over the same due to high speed and careless driving, as a ..... so, the defence was that it was a sort of mechanical failure which caused the accident. .....
Tag this Judgment!Court : Orissa
Reported in : 1995ACJ670
..... nayak, learned counsel for the appellant, that the fact of accident and death of the deceased is clear from the f.i.r. ..... in such circumstances, once accident and death are proved, the circumstances of the accident are well within the knowledge of the driver of the vehicle or the helper. ..... owner of the bus filed a written statement denying the accident, the claim and his liability. ..... where the nature of accident is explained by the owner, or the owner colluding or remaining ex pane, by the insurer, tribunal is to consider the contribution of the deceased to the accident. ..... in such circumstances, it is to be examined whether there was negligence in driving the vehicle as a result of which there was the accident. .....
Tag this Judgment!Court : Orissa
Reported in : 95(2003)CLT173
..... this committee, after having taken note of the background of the existence of the system of job contract in vogue in the settlement and consolidation organisations, observed that the same was a 'historical accident (which) should be totally abolished and all the staff required for field work in the organisations should henceforward be employed in regular establishment with running time scales of pay'. .....
Tag this Judgment!Court : Orissa
Reported in : II(2003)ACC315; 95(2003)CLT230
..... once an application under section 140 of the act is filed and the materials on record prima facie establish the existence of basic facts like, insurance coverage, driving license, happening of the accident, death or permanent disablement arising out of the accident, the tribunal is to give an interim award and unless it is patent from the records that the insurance company is not at all liable, the insurer may be directed to satisfy the interim award subject to the final ..... while the tribunal should be sensitive to the plight and immediate need of the genuine victims of the accident, it should also be careful that public money is not frittered away or unscrupulous persons do not take away the benefit at public expenses. ..... one ramesh seth was critically injured in the accident and ultimately succumbed to his injuries in the hospital on may 29, 1998. ..... on may 27, 1998 there was an accident between a mini truck bearing registration no. ..... motor accident claims tribunal, sambalpur, claiming that deceased ramesh was the helper of the mini truck. ..... provisions of motor vehicles act, particularly section 140 of the act thereof are beneficial for the victims of the accident. .....
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