Court : Orissa
Reported in : 1992ACJ941
..... therefore, set aside the said conclusion of the tribunal and hold that it was only the driver of the car who was solely responsible for the accident and it is his negligent driving that led the motor car to collide with the motor cycle as a result of which the deceased ultimately succumbed. ..... the tribunal on consideration of the materials placed before it came to the conclusion that the accident occurred on account of negligence on the part of the driver of the motor car as well as the deceased who was driving ..... on the other hand, the claimants' evidence through pw 3 who saw the accident is categorical to the effect that the car was being driven at a very high speed and the motor cycle was not at a high speed and the car collided with ..... appeal under section 110-d of the motor vehicles act against the award of the 2nd motor accidents claims tribunal, sambalpur, claiming enhancement of compensation awarded by the tribunal.2. ..... written statement admitting the accident but denied the rashness or negligence on the part of his driver and it was his case that the deceased himself was driving the motor cycle at a very high speed and in reckless manner as a result of which it dashed against the car.the insurer also filed a written statement admitting that the vehicle had been insured with it, but pleaded that the accident was on account of ..... the minor child of the deceased must have suffered terribly, as the only earning member of the family met with the accident and died at the young age of 35. .....
Tag this Judgment!Court : Orissa
Reported in : 2(1993)ACC117
..... on the materials produced, i would, there sore, set aside the said conclusion of the tribunal and hold that it was only the driver of the car who was solely responsible for the accident and it is his negligent driving that led the motor car to collide with the motor cycle as a result of which the deceased ultimately succumbed. ..... the tribunal on consideration of the materials placed before it came to the conclusion that the accident occurred on account of negligence on the part of the driver of the motor car as well as the deceased who was driving ..... on the other hand, the claimants' evidence through pw 3 who saw the accident is categorical to the effect that the car was being driven at a very high speed and the motor cycle was not at a high speed and the car collided with ..... the motor vehicles act against the award of the 2nd motor accidents claims tribunal, sambalpur, claiming enhancement of compensation awarded by the ..... written statement admitting the accident but denied the rashness or negligence on the part of his driver and it was his case that the deceased himself was driving the motor cycle at a very high speed and in reckless manner as a result of which it dashed against the car.the insurer also filed a written statement admitting that the vehicle had been insured with it, but pleaded that the accident was on account of ..... the minor child of the deceased must have suffered terribly, as the only earning member of the family met with the accident and the d at the young age of 35. .....
Tag this Judgment!Court : Orissa
Reported in : (2008)106CALLT51(NULL)
..... it was contended that the claimants must prove that the driver of the truck in question was driving the vehicle rashly and negligently and the accident took place due to such rash and negligent driving of the driver of the offending vehicle.4. ..... the learned single judge further held that on the date of accident since the offending vehicle was covered by a valid insurance policy, the insurance company is to indemnify the liability of the owner of the offending vehicle to pay the compensation to claimants. ..... the learned single judge decided the appeal considering the following two points:(i) whether there was any contributory negligence on the part of the deceased when the accident took place? ..... as a result of such accident, the deceased fell down from the scooter and the offending truck ran over him. ..... the accident took place due to the rash and negligent driving of the driver of the offending vehicle and therefore the owner is liable to pay the entire amount of compensation of rs. ..... according to him, the deceased while driving the scooter in rash and negligent manner met with the accident. .....
Tag this Judgment!Court : Orissa
Reported in : 1998(II)OLR251
..... it is made clear that in case it is established that death was not on account of the accident, the amount paid to the claimant-appellant shall be recoverable.4. ..... the fir itself indicates about the accident, and a reference has also been made to the connected p.s. ..... in both the matters, the motor accident claims tribunal rejected the applications of the claimant-appellant under section 140 of the motor vehicles act, 1988, for payment of compensation under no-fault liability, as envisaged in section 140 of the act. ..... in a proceeding under section 140 of the motor vehicles act, the tribunal is required to find out prima facie regarding an accident and the resultant death. ..... not been indicated in the fir and the final form and as such, it was difficult on the part of the tribunal to find out as to whether the deceased under both the cases had died on account of the accident in question.3. ..... therefore, prima facie, there is no doubt that the death occurred on account of the accident. ..... in the present case on going through the post mortem report as well as the inquest report, prima facie, it appears that the death is due to the injuries sustained in a motor accident. .....
Tag this Judgment!Court : Orissa
Reported in : 2007(II)OLR293
..... 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 the truck on the date and time the accident was caused as well as shall have the liberty to attach the vehicle if the owner/insured does not participate in the proceeding and comply with the order passed by the court/tribunal in the proceeding for ..... trial of the case giving opportunity to the petitioner to establish its stand that the driver of the offending vehicle did not possess a valid and effective driving licence on the date of the accident and as such it is not liable to pay the compensation amount, indemnifying the owner of the vehicle for violation of the policy condition.5. ..... also ascertained that the driver of the offending vehicle was not having a valid driving licence at the time of the accident and the driving licence which was produced before the investigating agency is a fake one. ..... as it appears, on account of death of one shrimati naik, who died in a motor vehicle accident on 21.03.1996, the claimant/opposite parties filed an application under section 166 of the motor vehicles act claiming ..... admittedly the accident occurred on 21.03.1996 and even though in the meantime more than ten years have passed the poor claimants have not received anything towards ..... case, it is not the case of the petitioner that there was no valid/effective policy in respect of the offending vehicle, which caused the accident.11. .....
Tag this Judgment!Court : Orissa
Reported in : I(1991)ACC91; 1991ACJ544; 70(1990)CLT445
..... the statement of the accused has considerable force having been made at a time when the accident had not taken place and in that moment only truth could have come out of his lips. ..... his plea was that the accident took place on account of mechanical failure. .....
Tag this Judgment!Court : Orissa
Reported in : I(1998)ACC307; 1999ACJ858; 84(1997)CLT851
..... in a case where the person who has got insured the vehicle with the insurance company, has appointed a duly licensed driver and if the accident takes place when the vehicle is being driven by a person not duly licensed on the basis of the authority of the driver duly authorised to drive the vehicle ..... even before giving an interim no fault award the tribunal is to be prima facie satisfied that -- (i) death or permanent disablement has been caused by the alleged accident;(ii) the offending vehicle and the risk involved were covered by a valid insurance policy at the material point of time; and(iii) the materials on record ex facie do not ..... company to pay the compensation awarded under section 92-a of the act, the tribunal, in addition to deciding as to whether the vehicle involved in the accident was covered by an insurance policy, has to decide as to whether prima facie the risk was covered by the insurance policy. ..... facie established that the offending vehicle is covered by the insurance policy at the time of accident the insurance company remains liable to pay the interim compensation subject to final determination in the ..... it has been held in that case:the statutory scheme envisages that if there is a motor accident and death or permanent disablement results from such an accident, owner or owners of the vehicle or vehicles involved shall be liable to pay the prescribed compensation without proof of negligence and irrespective of any contributory negligence of the deceased or the .....
Tag this Judgment!Court : Orissa
Reported in : I(2000)ACC251; 88(1999)CLT662
..... on limitation as well as jurisdiction matters are found to be of technical nature inasmuch as the fact remains that the accident occurred and in fact the deceased has died because of the accident and this finding itself cannot be disturbed in absence of any cogent reason. ..... learned counsel for the insurance company strenuously urges that since the accident took place in the year 1994, the case should have been governed by the provisions of the old act thereby treating the period for appeal as six months. ..... , balasore framed the following issues:(1) whether the accident resulting the death of one madan mohan mohapatra caused due to rash and negligent driving of the driver of the truck bearing registered no. o.r.u. ..... , balasore in a motor accident claim cases.brief facts of the case is that-deceased madan mohan mohapatra aged 57 years at the relevant time was serving as an artist in kalinga-bijay opera and was getting rs. ..... medical college and hospital, cuttack where he succumbed to the injuries.opposite parties 1 and 2 both filed written statement separately, denying their liability for loss caused by the accident.3. .....
Tag this Judgment!Court : Orissa
Reported in : 2(1993)ACC472
..... 1 and 2 i am satisfied that claimant sustained injuries as a result of accident on account of negligent driving of the vehicle. ..... considering the aforesaid materials, tribunal found that claimant sustained injuries being dashed by the truck causing accident negligently and is thus entitled to compensation of rs. ..... it had long two months time before filing written statement to cause an enquiry whether there was an accident of the truck within chhatia p.s. ..... sinha, learned counsel for the insurer-appellant accordingly, assailed fact of the claimant sustaining injuries as a result of the accident and the question of compensation.7. mr. ..... osu 1954, a truck met with an accident on the national high way no. ..... there cannot be any doubt that on 18.10.88, the truck met with an accident. ..... sinha submitted that claimant was not a victim of the accident. mr. .....
Tag this Judgment!Court : Orissa
Reported in : 104(2007)CLT463
..... further, averring that there was violation of the conditions of the insurance policy of the bus and that the bus having no valid route permit on the date of the accident as also the driver having not possessed a valid driving licence, it took the plea that it was not liable to pay any compensation. ..... according to him, the cleaner of the same bus who was travelling in the bus at the time of the accident had filed fir with police clearly stating therein that while the deceased was trying to climb to the roof of the bus to sleep there, his legs slipped and he fell down. ..... 4 cannot be the sole basis of arriving at a finding in a motor accident claim case that the driver was not rash or negligent. ..... the judgment dated 14th may, 2002 passed by the 2nd motor accident claims tribunal (sd), berhampur in mac no. ..... admittedly the accident occurred in the month of november, that too after a midnight. ..... 4,00,000.00 on account of death of said simachal tripathy in a motor vehicle accident on 6-11-1994. .....
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