Judgment Search Results Home > Cases Phrase: accident Court: orissa Page 17 of about 12,545 results (0.023 seconds)

The Divisional Manager, New India Assurance Co. Ltd. Vs. Manjulata Jen ...

Court : Orissa

..... after taking into consideration the oral and documentary evidence adduced by the parties, learned tribunal held that the accident took place due to the rash and negligent driving of the driver ranjan kumar das of the offending vehicle causing injuries and death ..... of the considered view that the driver of the offending vehicle, ranjan kumar das had possessed a valid driving licence on the date of accident and there is no breach of policy condition by the insured with regard to driving licence of the driver of the offending vehicle. 19. ..... was filed by the wife and the minor children of the deceased narendra jena, who died in a vehicular accident which took place on 19.11.2003 for grant of compensation under the provisions of mv act, 1988. 2. ..... that the deceased was 33 years old at the time of accident, the tribunal has applied 17 multiplier, as provided under second schedule ..... in her evidence, she stated that the deceased at the time of accident was about 33 years old and earning rs.3,000/- per month as mason and was contributing rs.2,000/- ..... party no.1 stated in the written statement that the accident took place due to contributory negligence and there was no ..... high court held that the notional income of rs.15,000/- per annum in the second schedule was prescribed in the year 1994 while the accident had taken place in the year 2004. ..... (ii) whether chagulu @ narendra jena died in a vehicular accident due to rash and negligent driving of the offending vehicle bearing no.or-01-7383 on 19.11. .....

National Insurance Company Ltd. Vs. Pramod Kumar Aich and Another

Court : Orissa

..... taking into consideration the oral and documentary evidence produced/adduced before the tribunal, the tribunal came to the conclusion that the accident took place due to rash and negligent driving of the driver of the offending vehicle and the offending vehicle was covered by a valid insurance policy issued by the ..... the learned tribunal while computing the compensation for the partial permanent disability took into consideration that the petitioner had not suffered any loss of income due to the accident and the fact that the petitioner had not availed of the service of an expert for his treatment by going to the s.c.b. ..... whether the tribunal is justified in holding that at the time of accident the offending vehicle was covered by a valid insurance policy. ..... act was in the year 1994 whereas the accident took place in the year 2004 and thereafter in case of non-earning person rs.36,000/- per annum is reasonable ..... of the above, learned tribunal is fully justified in holding that the offending vehicle at the relevant time of accident was covered under valid insurance policy. 16. ..... not inclined to accept the contention taken by learned counsel for the appellant-insurance company that the offending vehicle was not covered under any valid insurance policy during the relevant time of accident on the basis of two affidavits filed before it. 13. ..... according to the claimant-respondent, due to accident he suffered a permanent partial disability and he being a business man could not look after .....

Ladi Jagannadham Vs. Sm. Padmabati Baurani

Court : Orissa

Reported in : AIR1962Ori7

..... the learned counsel also relies on section 12(1) of the act, in support of his proposition, that if the deceased was a workman of the sub-agent, the employer cannot be made liable for the accident caused to the employee of the sub-agent.on the question whether the deceased was a workman, five witnesses were called, on behalf of the claimant, including three fellow workmen of the deceased, namely, p.ws. ..... purpose of being converted into rice; if at all, the workman was an employee of the agent or sub-agent and not of the rice mill; that the accident did not take place during the course of employment; that as a matter of fact the deceased khalasi died not on account of the accident, but due to overdrinking and alcohol poisoning as--according to the employer--is shown by the doctor's certificate and the chemical examiner's report; that in short, death ..... ii of the act, provided that the employer shall not be so liable, in respect of any injury, not resulting in death caused by an accident which is directly attributable to the workman having been at the time under the influence of drink or drugs.in the present case the evidence, called on behalf of the claimant, proves that on the date of the accident the deceased came to the mill in the usual course and was carrying paddy bags, in course of which, one .....

United India Insurance Co. Ltd. Vs. Ullash Chandra Jena and anr.

Court : Orissa

Reported in : I(1993)ACC473; 1992ACJ1041; AIR1992Ori193

..... and the covernote was issued at that time whereas about 15 hours before, the accident had taken place which fact was not brought to the notice of the insurer. ..... sinha, learned counsel for the insurer-appellant assailed the order on thefollowing grounds:--(i) on account of negligence of the claimant accident occurred which could have been avoided if the claimant would have been careful. ..... sinha is that cover note was issued 15 hours after the accident when the fact of accident was not disclosed by the owner at the time of proposal. ..... insurer filed a written statement denying its liability and called upon the claimant to prove that there was accident in which he sustained injuries and there was valid insurance of the vehicle. ..... on the facts of this case by issue of cover note risk for accident on any part of the day earlier to payment of premium is covered. ..... there is no reason to disbelieve the time when the covernote was issued, short question is, whether, proposal after the accident and issue of covernote on the basis would make the insurer liable in respect of accident which was earlier to the proposal. ..... thus, it can safely be concluded that the truck caused the accident as a result of which claimant sustained injuries. ..... owner not having appeared to contest, insurer has the right to challenge fact of accident, negligence quantum as well as itsliability. mr. m. ..... amendment of claim petition, it filed additional written statement on 20-8-90 stating that accident said to have occurred at 6.45 a.m. .....

National Insurance Co. Ltd. Vs. Nalini Dehury and ors.

Court : Orissa

Reported in : 2002ACJ1796; (2000)IILLJ811Ori

..... 'if the deceased would have been travelling on his own and would have been killed due to some incident, there cannot be any doubt that the accident could not have been taken to be one arising out of employment, but in the present case, the very nature of the employment of the deceased made it necessary for him to drive the vehicle which ..... railway, air 1955 bom 105 : (1954-ii-llj-403) while allowing compensation to the claimants, observed at p 404 of llj:-'now it is clear that there must be a causal connection between the accident and the employment in order that the court can say that the accident arose out of the employment of the deceased. ..... to come within the act the injury by accident must arise both out of and in the ..... clearly laid down that if the employee in the course of his employment has to be in a particular place and by reason of his being in that particular place he has to face a peril and the accident is caused by reason of that peril which he has to face, then a causal connection is established between the accident and the employment. ..... filed by the widow and the parents of the deceased alleging that death had occurred in an accident arising out of and in course of employment.3. ..... 152 : (1997-i-llj-76) that the accident arose out of the employment. ..... to put it differently, if the accident had occurred on account of a risk 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 .....

Divisional Manager, United India Insurance Co. Ltd. Vs. Bira Mallik an ...

Court : Orissa

Reported in : (2000)IIILLJ1386Ori

..... to the contrary, the company shall indemnify the insured against his legal liability as under: the workmen's compensation act, 1923 and subsequent amendments of that act prior to the date of this endorsement, the fatal accidents act, 1855 or at common law in respect of personal injury to any paid driver (or cleaner or conductor or person employed in loading/or unloading but in any case not exceeding seven in number including driver and ..... , chose to use the expression 'arising out of which indicates that for the purpose of awarding compensation under section 92-a the causal 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. ..... be held that the explosion and fire resulting in the injuries which led to the death of deepak uttam more was due to an accident arising out of the use of the motor vehicle viz, the petrol tanker no. ..... the connection, if any, is too remote to uphold the contention that the accident caused by a different vehicle had causal connection with the use of the truck which had been kept in ..... the owner in written statement while admitting the employment and the accident claimed that compensation should be paid by the insurance company as ..... 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 is in consonance with the beneficial object underlying the enactment. .....

Branch Manager, United India Insurance Co. Ltd. Vs. Bhagabati Naik (Sm ...

Court : Orissa

Reported in : 2001ACJ817; (1999)IILLJ1427Ori

..... learned counsel that though the dependents of the deceased driver will be entitled to compensation, proviso to section 3(1) having no application, yet the injured workman will not be so entitled because the accident was due to the negligence of the driver thereby absolving the insurance company from liability. ..... claim for compensation, what is needed to be established is that there was an accident;and that injury or death was on account of the accident and that the accident arose out of the employment as well as in the course of his employment. ..... therefore, the present claim being by a widow of a workman, who died as a result of injuries sustained in an accident arising out of and in the course of his employment, it cannot be said, assuming that the driver was under the influence of liquor, that she cannot ..... provided that the employer shall not be so liable in respect of any injury, not resulting in death, caused by an accident - itself excludes the case of death from the purview of the proviso. ..... thus, a claim for compensation for death or injury caused to a workman by an accident arising out of or in the course of his employment, is required to be considered in the light of the provisions ..... employer's liability for compensation(1) if personal injury is caused to a workman by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this chapter:provided that the employer shall not be so liable .....

National Insurance Co. Ltd. Vs. Nalini Dehwari and ors.

Court : Orissa

Reported in : I(2003)ACC587

..... (emphasis added)if the deceased would have been travelling on his own and would have been killed due to some incident, there cannot be any doubt that the accident could not have been taken to be one arising out of employment, but in the present case, the very nature of the employment of the deceased made it necessary for him to drive the vehicle which ..... railway : air1955bom105 , while allowing compensation to the claimants, observed:now it is clear that there must be a causal connection between the accident and the employment in order that the court can say that the accident arose out of the employment of the deceased. ..... -26:(5) to come within the act the injury by accident must arise both out of and in the course ..... clearly laid down that if the employee in the course of his employment has to be in a particular place and by reason of his being in that particular place he has to face a peril and the accident is caused by reason of that peril which he has to face, then a causal connection is established between the accident and the employment. ..... filed by the widow and the parents of the deceased alleging that death had occurred in an accident arising out of and in course of employment.3. ..... 849 (kerala), that the accident arose out of the employment ..... to put it differently, if the accident had occurred on account of a risk 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 act .....

The New India Assurance Co. Ltd. Vs. Surendra Patra and ors.

Court : Orissa

Reported in : 109(2010)CLT194

..... the employer shall not 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, 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 wilful disobedience of the workman to an order expressly given, or to a rule expressly framed, for the purpose of securing ..... the principal question that arises in this appeal for consideration is whether the accident arose in the course of employment of the driver raghunath sahoo, within the meaning of section 3 of the w.c ..... although the onus of proving that death or injury by accident arose both out of & in course of employment rests upon the applicants, these essentials may be inferred when the facts proved justify such ..... supra), the supreme court came to observe as follows:to come within the act the injury by accident must arise both out of & in the course of employment. ..... the basic ingredient of the word 'accident' is unexpectedness & the second ingredient is that the death or injury must be traceable, within reasonable limits, to a definite time, place & occasion or cause ..... next question is whether in the context of the present facts it can be said that the missing of the driver along with the taxi due to hijacking by some miscreants will amount to an accident, within the meaning of section 3(1) of the w.c. .....

United India Insurance Co. Ltd. Vs. Kishore Chandra Mohanty and anr.

Court : Orissa

Reported in : 94(2002)CLT89; 2002(II)OLR169

..... (2) scc 328 wherein it has been propounded that : '......the exclusion clause in the insurance policy makes it clear that the insurance company, in the event of an accident, would be liable only if the vehicle was being driven by a person holding a valid driving licence or a permanent driving licence 'other than a learner's licence'. ..... ' it thus appears from the undisputed oral and documentary evidence that accident occurred due to rash and negligent driving by the person who had a valid driving licence, may be for light vehicle, but there is nothing to indicate that person was not authorised by the owner of the truck ..... the claimant, an employee in the state secretariat as a typist, met with an accident being hit from behind by truck bearing registration no. o.r.u. ..... shall raise a dispute in appropriate forum that the driver who caused the accident had no valid licence to drive the truck which caused the accident, then it is open to the opp. ..... 11, 12 and 13 prove the fact of accident driving by a person having valid driving licence, suffering injury by the claimant and validity of the insurance policy to cover the period of accident and such documents being marked without objection added with the circumstance that no rebuttal evidence is available, this court finds the claimant to have proved his case entitling himself for ..... the contention of the claimant is that the accident occurred due to rash and negligent driving of the driver and that the vehicle was then validly insured with the .....