Court : Orissa
Reported in : 1992ACJ511
..... while deceased was moving in the truck in course of and arising out of his employment as helper, the truck faced with an accident resulting in fatal injuries on the deceased to which he succumbed on 22.1.1989.3. ..... death coming within the scope of fatal accidents act would also be considered by the civil courts. ..... 800/- per month and the accident took place in course of and arising out of the employment, there would be no further enquiry in this respect and thus findings stand confirmed. ..... they are: (i) accident, (ii) fatal injury, (iii) in course of and arising out of employment and (iv) person claiming is a dependant as defined under the act. ..... the commissioner on appreciation of evidence accepted fatal injury of deceased on account of accident and found that in course of and arising out of employment with the owner of the truck deceased met with the accident. ..... he admitted the accident, fatal injury on deceased in course of and arising out of employment. ..... fatal accident caused by motor vehicle to a workman comes within the scope of consideration of the commissioner if the preconditions under the act are satisfied. .....
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Reported in : AIR2009Ori91
..... suffering, shall be such as the claims tribunal, may after taking into consideration medical evidence, besides other circumstances of the case determine to be reasonable:provided that if more than one injury is caused by the same accident, compensation shall be payable in respect of each such injury:provided further that the total compensation in respect of all such injuries shall not exceed rupees forty thousand. ..... the railway administration shall, notwithstanding anything contained in any other law, be liable to pay compensation to such extent as may be prescribed and to that extent only for loss occasioned by the death of a passenger dying as a result of such accident, and for personal injury and loss, destruction, a damage or deterioration of goods owned by the passenger and accompanying him in his compartment or on the train, sustained as a result of such ..... the tribunal also must keep in mind that the claimant has already suffered delay in disposal of accident cases resulting delay in getting compensation, the trauma and tragedy already sustained may not be magnified by the injustice of not awarding interest from the date of the ..... , being either a collision between trains of which one is a train carrying passengers or the derailment of or other accident to a train or any part of a train carrying passengers, then whether or not there has been any wrongful act, neglect or default on the part of the railway administration such, as would entitle a passenger who has been injured .....
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Reported in : AIR1983Ori242
..... balkrishna rama-chandra nayan, air 1977 sc 1248, the supreme court held (as per head-note):'in order to succeed in a defence that the accident was due to a mechanical defect, the owners have to prove that they had, taken all necessary precautions and kept the lorry in a roadworthy condition, and that 'the defect occurred in spite of the reasonable care ..... it is not sufficient for the defendant to show that there were several hypothetical causes consistent with the absence of negligence but he must go further and show that either the accident was due to specific cause which does not connote his negligence or that he has used all reasonable care in the matter. ..... in it, it is stated that the foot brake was out of order, the hand brake was ineffective, the steering system was out of order and the cause of the accident was 'due to sudden brake and steering system failure after breakage of right front wheel suspension link'.in henderson v. ..... taking the fact that the appellant was aged 55 years at the time of the accident and other facts and circumstances of the case into consideration, i assess the compensation at ..... (1862-158 er 993) the defendant company was held liable for an accident caused by the act of one of its drivers in driving across the road so as to obstruct a rival ..... patra, the learned, additional government advocate, contended that the accident was due to the sudden mechanical failure beyond the control of the driver and in any event, having regard to the fact that respondent .....
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Reported in : 102(2006)CLT835; 2006(II)OLR301
..... the informant and the injured having clearly stated that the injuries in question were sustained due to the accident of luna, and not by assault, this court feels that no purpose would be served in proceeding with the case further against the petitioner and as all other witnesses have turned hostile in the case, there is every ..... it is further stated that after the accident he immediately shifted the injured to hospital for treatment. ..... 1, the informant, has observed that the said witness on solemnly affirmation stated in court that on the date of occurrence while he was returning with pabitra das in a luna, the said luna met with an accident, resulting in grievous injuries on pabitra. ..... he also deposed that he sustained injures while coming in a luna due to an accident. .....
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Reported in : 1991CriLJ1026
..... both the learned trial court and the appellate court found that the accident tool place either due to the loss of control of the vehicle by the accused-driver as a result of high speed, or due to the failure of the accused to negotiate the vehicle in a perfect manner a the point of ..... it would thus be noticed that irrespective of the question of speed, the accident is directly attributable to the rash and negligent driving of the petitioner.a few authorities have been cited at the bar as to what amounts to criminal rashness and criminal ..... it is only because of the turning where the accident took place, and it is because of the speed that the accused could not control the vehicle and met with the accident, that the question of high or low speed becomes material for ..... on the face of the evidence on record that the accident took place at the turning when the accused had turned the vehicle to the right and in the absence of any explanation on the side of the accused under what circumstances he could not control ..... driver had been conscious and careful in driving, he would have negotiated the turning in a manner so that the accident would not have taken place. ..... the case of the petitioner at the maximum that he was not driving the vehicle at a very high speed, the facts and circumstances of the case in which the accident took place appear to speak volumes about the rashness and negligence on the part of the petitioner in driving the vehicle at the material time when the accident took place. .....
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Reported in : 1994ACJ1054; 76(1993)CLT699
..... at first sight, are often resorted to, but in the last analysis each case is decided on its own facts.but the general principles are that (i) there must be a causal 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) ..... be 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 ..... employed in the salt works while returning home after finishing his work was crossing a creek in a public ferry boat which capsized due to bad weather and it was held that the accident could not be said to have arisen out of and in the course of employment while crossing the creek, inasmuch as the theory of notional extension could not extend to the point where the boat ..... statement taking the stand that late tirtha naik did not suffer any injury during and in the course of his employment and the accident did not take place during and in the course of his employment and, therefore, the employer is not liable for payment of .....
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Reported in : I(1987)ACC141
..... when the injured saw a motor cycle and a heavy vehicle like the bus coming from the opposite direction he should have been very careful and finding himself 144 accident & compensation cases 1987 imbalanced should have got down from the cycle from a distance. ..... mental pain and shock being natural in a case of an accident, for causing fracture compensation can be awarded. ..... it can safely be presumed that an accident causes mental pain and shock. ..... it specifically alleged that the accident was invited by the injured for which he is squarely responsible. ..... in order to receive compensation in a case of motor vehicle accident, the negligence in driving the vehicle which caused the accident is to be proved. ..... knowledge of contribution to the accident is also to be presumed. ..... there was accident resulting in the injuries on the claimant.3. ..... his over confidence to cross the heavy vehicle and a motor cycle specially while negotiating a down gradient is one of the contributions to the accident. ..... care was necessary when admittedly there was a motor cycle proceeding in front of the bus, since in the event of collision of the cyclist with the motor cycle, the moving bus would not make another accident.6. ..... 70,000/- on account of the pecuniary loss sustained by him as a result of the accident. .....
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Reported in : I(1999)ACC222; 2000ACJ160; 86(1998)CLT824
..... though the motor vehicles act envisages creation of claims tribunal to decide the cases arising out of accidents involving motor vehicles, the basis of such liability (apart from no fault liability) is negligence of the respondents. ..... the tribunal on consideration of the evidence held that the claimant sustained injury due to the accident which occurred due to the negligent driving of the drivers of both the vehicles. ..... 1 that in view of the finding that the accident had occurred due to composite negligence of both the drivers of the two vehicles, which has not been successfully challenged, the claimant had right to get the compensation from both the owners of the offending ..... 42,000 in all as compensation and since the accident had occurred due to composite negligence of the drivers of both the vehicles who were equally responsible and since there was no evidence that the vehicle no. ..... . law is well settled that when an accident occurs due to the composite negligence of both the drivers, both the owners are jointly and severally liable and in such cases it is neither open nor necessary to apportion the liability between the two .....
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Reported in : 1996ACJ1146; 81(1996)CLT353
..... where (1) it is not possible for him to prove precisely what was the relevant act of omission which set in train the events leading to the accident, and (2) on the evidence as it stands at the relevant time it is more likely than not the effective cause of the accident was same act or omission of the defendant or of someone for whom the defendant is responsible, which act or omission constitutes a failure to take proper ..... been submitted within three days or 45 hours respectively of occurrence of the accident as per 'safety manual' of the board and rule 44-a of the ..... where the thing which causes the accident is shown to be under the management of the defendant or his employees and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant that the accident arose from want of care.i agree ..... (d) the supervisory staff are responsible for the accident.certain suggestions have also been given in the report to provide for preventive measures:(i) pre-monsoon checking should be taken up for all overhead lines, so that no ..... follow:(a) departmental enquiry report and the accident report (in annexure xiii) were not ..... documents, and an additional affidavit has also been filed enclosing a report of the chief electrical inspector addressed to the principal secretary of the government regarding fatal electric accident resulting in the death of the deceased. .....
Tag this Judgment!Court : Orissa
Reported in : 2003(I)OLR163
..... learned standing counsel on the other hand argues that since the statement of two witnesses, who were examined on 25.3.1998 and 10.4.1998, clearly indicates that petitioner was driving the jeep at the time of accident, therefore, the plea of the petitioner can be considered as his defence plea at the time of trial, and in view of existence of prima facie case the criminal proceeding is not liable to he quashed in exercise of the ..... and shop of the aforesaid two witnesses or in the alternative there would have been some explanation from the said two witnesses as to why their statements could not be recorded soon after the accident, because they claim to be the persons present at the spot of occurrence though it appears from the case diary that police arrived at the spot shortly after the occurrence. ..... in their statements each of them has stated that petitioner was driving the jeep and his family members were the occupants in that jeep and after the accident petitioner sought for the help of manoj rout to abscond from the spot whereas his family members went to dhenkanal in a bus and said manoj rout carried the petitioner in a ..... petitioner has further stated and has also filed additional affidavit that because of absconding of the above named driver from the time of the aforesaid accident from the office of the executive engineer notice was issued to him on 26.3.1998 and also news item was published in the daily 'dharitri' calling upon him to report in the office and because .....
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