Court : Orissa
Reported in : 107(2009)CLT245
..... das, learned counsel appearing on behalf of the appellant-insurance company has submitted that at the time of accident the driver of the offending vehicle did not possess a valid and effective driving licence. ..... after considering the oral and documentary evidence, learned tribunal held that the accident which resulted in the death of the deceased was caused due to rash and negligent driving by the drive: of the offending ..... was erroneously held by the learned tribunal that the driver had a valid and effective driving licence at the time of accident.it was further argued that determination of income of the deceased from private tuition at rs. ..... section 173 of the motor vehicles act, 1988 (hereinafter called as 'the mv act') filed by the new india assurance company limited challenging the judgment and award dated 25.05.2005 passed by the second motor accident claims tribunal, cuttack (hereinafter called as 'the tribunal') in misc. ..... learned tribunal further held that on the date of accident, the offending vehicle was insured with the insurance company and the driver had valid and effective driving licence and opposite ..... in view of the findings that at the time of accident the driver of the offending vehicle had a valid driving licence and the offending vehicle was covered by a valid insurance policy, the appellant-insurance company is liable to pay the amount of compensation to the ..... 2 and 4 held that at the time of accident the driver of the offending vehicle had a valid and effective .....
Tag this Judgment!Court : Orissa
Reported in : 2001ACJ2108; AIR2000Ori49
..... of, or bodily injury to, any such employee- (a) engaged in driving the vehicle, or (b) xx xx xx xx (c) if it is a goods vehicle, being carried in the vehicle, or (ii) xx xx xx (2) subject to the proviso to sub-section (1), a policy of insurance shall cover any liability incurred in respect of any one accident upto the following limits, namely- (a) where a vehicle is a goods vehicle, a limit of one lakh and fifty thousand rupees, in all, including the liabilities, if any, arising under the workmen's compensation act, 1923 (8 of 1923), in respect ..... he submitted that the word 'driver' has to be given an extended meaning and it has to be held that even though a person is not in fact driving the vehicle at the time of accident, he will be covered in case he is killed in an accident though the person actually driving the vehicle at that point of time escapes injury or death. ..... question is whether a person who was not driving the vehicle, when an accident occurred is to betreated as driver covered by policy of insurance issued to cover a 'driver'. ..... the insurer while admitting the fact that the vehicle was covered by a policy of insurance, took the stand that it had no liability as the policy covered driver driving the vehicle at the time of accident and not for the second driver. ..... merely because at the time of accident the deceased was not driving the vehicle actually it cannot be denied that he was second driver of the vehicle and was therefore covered by the policy of insurance. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1996Ori6
..... earlier petition that the deceased was a labourer and was travelling in the truck as a fare paying passenger was withdrawn and, a new case was made out namely, that at the time of the accident the deceased was travelling in the truck as a collie who was engaged by the owner for loading and unloading the goods being carried in the truck. ..... it was further averred, that on the date of the accident the deceased was travelling in the truck as a passenger on ..... alleging that the deceased died in an accident during the course of his employment, a claim for ..... claim petitions arose out of a common accident, they were consolidated and were disposed of by the second motor accident claims tribunal (s.o. ..... application shall be entertained unless it is made within six months of the occurrence of the accident' clearly indicates this. ..... it is an admitted position that the claim application was filed two years and six months after the date of the accident whereas the period of limitation for filing a claim is six months from the date of the accident. ..... admittedly, the accident took place on 26-3-1985 and the claim petitions were filed ..... is filed, it becomes the duty of the tribunal to ascertain whether or not it has been filed within six months from the date of the accident. ..... for filing a claim was laid down in sub-section (3) of section 110-a which reads thus:'no application for compensation underthis section shall be entertained unless it ismade within six months of the occurrence ofthe accident. .....
Tag this Judgment!Court : Orissa
Reported in : 1992ACJ1124; AIR1993Ori89; 74(1992)CLT228
..... use of the said expression clearly indicates that for the purpose of awarding compensation under section 92a, the 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. ..... being the factual finding recorded by the tribunal on evaluation of evidence, the irresistible conclusion is that the vehicle was not in use when the accident occurred and therefore, the claimants were not entitled to any compensation. 4. ..... uttam more, air 1991 sc 1769, the construction of theexpression 'arising out of the use of a motor vehicle' in section 92a enlarges the field of protection made available to the victims of an accident and is in consonance with the beneficial object underlying the enactment. ..... the expression 'use of a motor vehicle' in section 92a covers accidents which occur both when the vehicle is in motion and when it is ..... , supposing while the truck is being loaded with logs, suddenly the vehicle is started without any caution, and a log falls on a person, certainly it can be held that the accident had nexus with the use of the vehicle. ..... the claimants, the tribunal was not justified in its conclusion that the accident did not arise out of use of the vehicle. ..... consideration of the rival stands relating to the cause of accident, in my view, the conclusion of the tribunal is ..... three issues were framed by the second motor accidents claims tribunal, cuttack (in short, the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1961Ori71; 26(1960)CLT86; 1961CriLJ541
..... compelled to take the wrong side of the road because a stationary lorry was blocking his path on the left side.in the oudh case also it was pointed out that the road where the accident took place was as open road, that the speed of the vehicle was not excessive and that taking all the circumstances into consideration the mere fact that the vehicle was in the wrong ..... vehicles to be in perfect order and it did not appear to him that the brakes of the car were applied at all.he further supported the observations made by the investigating police officer by saying that at the place of accident the car was on the right side of the road whereas the bus was lying on tbe wrong side of the road. ..... 4) who went to the spot with the police party on the date of the accident namely 9-5-1955 has stated that there was a boulder on the left side edge of the road from bondh at a distance of 15 to 20 cubits ahead of the bus though it was not obstructing the traffic ..... the road was going up the hill till the place of accident and the visibility in front of him must necessarily have been limited ..... as the road was admittedly zig-zag near the place of the accident, be ought to have slowed down the speed of the bus so as to be able to stop it at a moment's ..... map shows that the road was zig-zag for some distance both in front and behind the actual place where the accident took place.it further shows that there was a small hillock on the left side and the accident took place almost at the crest of that hillock. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1994Ori77; 1994(I)OLR464
..... another interesting feature is that the accident allegedly took place on 5-5-1990 at about mid-night. ..... on 5-5-1990, the truck met with an accident near tulasipur (harganga road) under banki police station as a result of which both the claimants sustained injuries. ..... the owner contested the claim by way of written statement admitting the accident, employment and wages. ..... since the accident took place about four years back, the commissioner would do well to dispose of the matter early. ..... in a given case, an accident may occur between the date of transfer and the last date for making the application. ..... the stand of the insurer is that when the transfer was affected from 9-5-1990, it is to be presumed that the transfer was made after the date of accident (5-5-1990), i.e. ..... the accident took place on 5-5-1990. ..... if there is failure to establish both transfers, the insurer cannot be asked to indemnify in respect of such vehicle if it is involved in an accident. 10. ..... in the absence of a fresh agreement with the insurer, the liability to indemnify comes to an end, notwithstanding the fact that the vehicle remains recorded in the name of original owner by the time of accident. ..... transfer of vehicle to the knowledge of the insurance company did not amount to transfer of certificate of insurance and the company was not liable for any accident. ..... claimant dinabandhu was aged about 25 years and claimant bharat was aged about 21 years at the time of accident. .....
Tag this Judgment!Court : Orissa
Reported in : II(2005)ACC815; 2006ACJ2229; 99(2005)CLT575
..... 922 of 1997 are not maintainable as because the appellants therein who are the insurers of the mini bus and truck respectively, which were involved in the accident have challenged the impugned judgment/award on the sole ground that the tribunal has committed an illegality in holding each of the said companies liable to pay 50% of the compensation as awarded, to the claimants.11. ..... patnaik, learned counsel for the claimants submitted that the learned tribunal while assessing the compensation to be awarded due to the death of the deceased in the motor accident has not properly appreciated the documents produced by the claimants and marked as exhibits in the case. ..... patnaik, learned advocate for the claimants, on the other hand, submitted that the insurers of both the mini bus and the truck which were involved in the accident are not legally entitled to question the percentage of liability of each of the insurer when the learned tribunal after appreciating all the materials available on record has found that the accident was the result of composite negligence of the drivers of both the vehicles. ..... 189 of 1995 which was decided after trial/enquiry by the fifth motor accident claims tribunal, bhubaneswar, who has passed the impugned judgment and award dated 29.9.1997 holding that the claimants are entitled to a compensation of rs. .....
Tag this Judgment!Court : Orissa
Reported in : 1996ACJ302; AIR1995Ori213; 1995(I)OLR445
..... liability to pay compensation in certain cases on the principle of no fault:-- (1) where the death of 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 of ..... on the basis of the above documents, the tribunal came to the conclusion that as death was caused due to an accident arising out of the use of a motor vehicle and the claimant being the son of deceased he was entitled to compensation ..... be disputed that the principle of no fault liability makes the owner of the vehicle liable for compensation even when the accident is not due to the fault of the owner of the vehicle and even if the accident has taken place due to the fault of the victim. ..... claim petition it was specifically averred that:'the deceased was travelling in the offending truck involved in the accident as a passenger from dabugaon to the papada-handi for business purpose. ..... kamalalochan presented a petitioner under section 92a of the motor vehicles act, 1939 (hereinafter referred to as 'the act') before the motor accident claims tribunal (s.d), berhampur, camp -- jay-pore claiming compensation amounting to rs. ..... it further held that as the vehicle which caused the accident was insured, insurance company was liable to indemnify, the insured under the policy and, accordingly, was directed to pay .....
Tag this Judgment!Court : Orissa
Reported in : AIR1974Ori207; 40(1974)CLT663
..... ray appearing on behalf of the owner contended how the accident took place due to the contributory negligence of the injured boy, and as such the owner is not liable. ..... addressing myself to the question how the accident took place, one has to rely on the evidence of the two eye-witnesses to the occurrence, i.e. p.ws. ..... admittedly the boy in consequence of the accident was thrown off with multiple injuries for which he had to be hospitalised and treated as an indoor patient. ..... school, met with a truck accident as a result of which he received multiple injuries. ..... after causing the accident it did not stop but drove fast and had to be stopped by the villagers at a distance of about a quarter mile. ..... the learned motor accident claims tribunal (hereinafter referred to as the tribunal) granted a compensation of rs. ..... while tending cattle, by an accident, and a compensation of rs. ..... the time of accident is in between 2-2.1/2 p.m. ..... therefore, in the case of such happenings the claimant is entitled to rely, as evidence of negligence, upon the mere happening of such accident. ..... in an action for negligence, the legal burden of proof, no doubt, rests on the claimant, but barring certain exceptional cases it may not be possible for the claimant to know what precisely led to the accident. ..... a driver has the responsibility of taking that into consideration so that he can pull up the vehicle at any stage to avoid any accident. .....
Tag this Judgment!Court : Orissa
Reported in : 2001ACJ712; (2000)IIILLJ678Ori; 2000(I)OLR310
..... is now well settled that in order to succeed the claimant has to establish that the death was on account of an accident; the accident was in course of employment as well as arose out of employment (see regional director, e.sj. ..... smt bijuli naik 76(1993) cit 699, it can be said that the expression 'accident has been used in the popular and ordinary sense and means 'mishap' or 'untoward event not expected or ..... for compensation was filed by the widow on the ground that the death was caused due to an accident arising out of and in course of employment. ..... bombay port trust),1954-i-llj-614 (bom-db) it was observed that if the workman dies as a natural result of the disease from which he was suffering, then it cannot be said that the death was caused in an accident arising out of employment. ..... the moot question is as to whether such accident arose out of employment. ..... found that the deceased was workman but there was no material to indicate that the death was on account of an accident arising out of employment.4. ..... claimed inter alia, that the death was not on account of any accident arising out of employment.3. ..... the expression 'accident' has not been defined in the workmen's ..... a workman dies from a pre-existing disease, if the disease is aggravated or accelerated under circumstances which can be said to be accidental; his death results from injury by accident... ..... view the aforesaid principle, it can be said that the rupture of the peptic ulcer of the deceased can be taken to be an 'accident'. .....
Tag this Judgment!