Court : Orissa
Reported in : 1986(II)OLR5
..... that the deceased was at a distance of hardly fifteen to twenty cubits when the speed of the bus is proved to be within forty kilometres per hour, the driver could not have avoided the accident and in the circumstances the deceased having invited the accident on account of his uncared for movement for crossing of the road, the negligence cannot be attributed to the driver.7. in the circumstances of this case, i am not able to accept the ..... deceased adhikary, his widow and minor children filed an application under section 110-a of the act claiming one lakh rupees as compensation alleging that adhikary, who was aged about 38 years at the time of accident and was contributing about rs 15/- per day to the family out of his earning of at least rs. ..... was filed on either side to prove the nature of the accident or the income and dependency of the claimants.5. ..... while not disputing the heath on account of accident, appellant disputed daily earning and contribution of the deceased to the family as well as negligence in driving ..... explaining the nature of the accident it was asserted that the deceased was moving in the same direction on his cycle when one bus which was in front of the offending bus overtook ..... driver of the bus has clearly stated that he moved the steering of the wheels of the bus to go to the right to protect the deceased and that is how the accident toot place ..... and a passenger of the bus were examined as two witnesses on behalf of the owner to explain the cause of accident. .....
Tag this Judgment!Court : Orissa
Reported in : II(2000)ACC487; 2000ACJ1421; 89(2000)CLT608
..... the father of the deceased in his claim application claimed that he was depending upon his son.the owner of the truck while admitting about the engagement of the deceased as a coolie as well as about the accident and the consequential death, claimed that the liability, if any, should be met by the insurance company. ..... in this appeal, the main contention of the appellant is to the effect that since the accident had occurred on 18.7.1994 and the death had occurred on 21.7.1994, the commissioner should have applied the provisions of section 4(1)(a) as existed before amendment by act 30 of 1995. ..... 1 submitted that the act being a beneficial legislation, the amended provisions should be applied to all pending cases irrespective of the date of accident and, therefore, the award of the commissioner should not be interfered with. ..... 405-j of 1994 claiming compensation on the ground that his son died in a motor accident arising out of and in course of employment as a coolie in a truck bearing registration no. ..... 2 and had died because of the injuries sustained in an accident arising out of and in course of employment. ..... the accident had occurred on 18.7.1994. .....
Tag this Judgment!Court : Orissa
Reported in : I(1994)ACC380; 1994ACJ1125
..... vehicle for the first time with the insurance company concerned or for renewal of an earlier policy after the expiry of the earlier policy, to require the owner of the vehicle to produce the vehicle to ensure that no accident had taken place earlier to the date on which, or the time at which the person concerned is seeking an insurance policy. ..... issued by an insurance company on any day expressly specifying the date and time of issue on the cover note or the policy covers the risk in respect of the accident caused by the vehicle earlier on the same day, in respect of which such policy is issued if the premium was paid and the insurance policy was taken/issued after the accident.the insurance policy is issued in continuation of the cover note which is issued after receipt of premium. ..... on the ground that the policy is void as it was obtained by non-disclosure of a material fact or by a representation of fact which was false in some material particular.it cannot be said in all cases that even knowing that there was accident the insurer agreed to indemnify the owner for the accident which might have taken place on that date prior to taking of the insurance policy. ..... an insurance policy is meant to cover liability incurred by the owner of a vehicle 6r property as a result of accident taking place in future and not in respect of an accident which had already taken place, unless materials are placed to show that the insurer also undertook to indemnify liability already incurred. .....
Tag this Judgment!Court : Orissa
Reported in : 2(1988)ACC189
..... finding that the deceased was at a distance of hardly fifteen to twenty cubits when the speed of the bus is proved to be within forty kilometres per hour, the driver could not have avoided the accident and in the circumstances the deceased having invited the accident on account of his uncared for movement for crossing of the road, the negligence cannot be attributed to the driver.7. in the circumstances of this case, i am not able to accept the ..... no document was filed on either side to prove the nature of the accident or the income and dependency of the claimants.5. ..... while not disputing the death on account of accident, appellant disputed daily earning and contribution of the deceased to the family as well as negligence in driving the vehicle ..... explaining this nature of the accident it was asserted that the deceased was moving in the same direction on his cycle when one bus which was in front of the offending bus overtook the cyclist ..... father of deceased adhikary, his widow and minor children filed an application under section 110-a of the act claiming one lakh rupees as compensation alleging that adhikary, who was aged about 38 years at the time of accident and was contributing about rs. ..... the driver of the bus clearly stated that he moved the steering of the wheels of the bus to go to the right to protect the deceased and that is how the accident took place ..... driver and a passenger of the bus were examined as two witnesses on behalf of the owner to explain the cause of accident. .....
Tag this Judgment!Court : Orissa
Reported in : II(1994)ACC102
..... the insurer took die plea that it had not incurred any liability and wanted the claimant to prove that the vehicle in question was insured with it, as well as the circumstances pertaining to accident.the commissioner framed four issues and on evaluation of the documentary and oral evidence came to hold that the deceased was employed as a workman under balwant singh. ..... a the following line is very significant:(emphasis added).in the present case, as you know, the insurance was transferred to you after me accident....undisputedly the certificate of insurance issued in favour of balwant singh and one s.m. ..... even if the requisite information was given after die accident and die insurer did not exercise its option to refuse the transfer, yet the liability of die insurer can be only with effect from the date of intimation and not prior that. ..... 16,800/- and further awarded interest at the rate of 6 per cent per annum from the date of accident till the date of award. ..... since die accident took place more than a decade back it is appropriate that the adjudicatory exercise should be undertaken as early as possible and finality given by the commissioner as expeditiously as possible. ..... even if knowledge is attributable to the insurer it is after the accident has occurred. ..... on the contrary, it is apparent that the transfer was sought for after die accident took place. ..... a goes to show that me intimation was after the accident. ..... , after die date of accident. .....
Tag this Judgment!Court : Orissa
Reported in : II(1984)ACC316; AIR1984Ori43; 56(1983)CLT415
..... in driving the vehicle, but due to incessant and heavy rain throughout the day, the road was extremely bad and slippery and there was sliding down of a mass of earth just at the time of accident which violently pushed the vehicle beyond the road and the driver was not in any way responsible for the ..... is, however, not disputed before us that due to incessant rain the road at the place of accident was muddy and slippery and that at the place of accident the vehicle went off the road and dashed against a tree. ..... on a consideration of the evidence adduced by the parties, the tribunal found that the accident occurred due to careless and negligent driving by the driver of the truck in question and that the claimants were entitled to compensation of ..... 3 ramesh chandra agarwala who arrived at the spot soon after the accident stated that by the time of his arrival the deceased radha-shyam gupta had died and the driver had not come out of the cabin and he had to be pulled ..... on 3-3-73 when the said vehicle was carrying goods it met with an accident as a result of which the owner of the goods who had hired the vehicle for carrying goods sustained fatal injuries ..... was alleged that the road at the place of accident was 20 to 25 feet wide and slopping towards ..... 1977 is whether the insurer is liable to indemnify the owner of the vehicle for the compensation payable by him in respect of the death of the owner of the goods who was at the time of the accident travelling in the vehicle carrying his goods. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1988Ori146
..... if a candidate has 5 years of rural service and by accident of his posting at the appropriate place has reached the target in the family planning programme he can secure admission though he has secured 49 marks on merit, whereas a candidate securing 60 marks on merit without the advantage of any ..... a mere accident can never be allowed to compensate for merit and indeed compel the latter to take a back seat. ..... reaching the family planning target is also an accident in service. ..... should an accident of service or chance entitle a less meritorious student to secure admission beating and outstripping the more meritorious? ..... it depends upon chance: it is an accident. .....
Tag this Judgment!Court : Orissa
Reported in : II(1986)ACC136; AIR1985Ori147
..... accordingly, i agree with the finding of the learned tribunal that the accident was caused on account of the rash and negligent driving of the bus.6a. ..... the learned tribunal who tried the case found that the accident was caused due to the rash and negligent driving of the bus and that the opposite party was therefore liable to pay compensation to the petitioners. ..... the case of the opposite party is that at the time of the accident the driver was driving the bus at slow speed when at the sisupalgarh junction a gram-sevak came from the right side of the road and hit the bus on its backside whereupon the driver ..... the petitioners thereafter applied to the learned motor accident claims tribunal for compensation of rs. ..... 18-1-83 passed by the learned third motor accident claims tribunal, puri in misc. ..... witnesses along with the report of the motor-vehicles inspector that the bus was in good mechanical order does establish that the rash and negligent driving of the bus was the cause of the accident. ..... for the opposite party urged that the learned tribunal was not right in inferring that the driver of the bus was rash and negligent because there was no skid-mark at the spot of the accident. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1986Ori163; [1990]67CompCas80(Orissa); 1986(I)OLR313
..... the insurance company filed a separate written statement and took the defence that the driver who caused the accident was not the employee of the insured, padmalochan, nor was he driving the motor vehicle for his ..... the motor vehicle had been given on hire to the respondents, neelratan and jyotiprakash, and at the time of accident it was being driven by laxmidhar bindhani, driver of the respondents, neelratan and jyotiprakash, who were in possession and management of the motor vehicle and were plying the same on their ..... view of the settled position of law and the facts of this case, the only conclusion which can be derived is that the respondent, padmalochan, the registered owner of the motor vehicle which caused the accident and the insured, was vicariously liable, as rightly found by the tribunal. ..... but it is equally well-settled that if the servant, at the time of the accident, is not acting within the course of his employment but is doing something for himself the master is not ..... 1, an employee of the respondent, neelratan, who stated that on the date of accident, the respondent, jyotiprakash, had brought the motor vehicle from the respondent, padmalochan, to ply on his ..... driver, gopinath sahu, permitted laxmidhar bindhani to drive the motor vehicle, the respondent, padmalochan, is vicariously liable for the accident and is bound to pay compensation to the claimants. ..... the claims tribunal held that the accident was caused due to rash and negligent driving of the motor vehicle by .....
Tag this Judgment!Court : Orissa
Reported in : III(2006)ACC622; 101(2006)CLT409
..... 1996 orissa 120, this court has held thus :the next contention raised on behalf of the appellant is that when admittedly two vehicles were involved in the accident the insurer of one of the vehicles cannot be made liable to pay the entire compensation because the other tort feasor is also equally liable. ..... the impugned judgment, it appears that on' analysis of the evidence on record, the tribunal has come to the conclusion that the accident took place solely due to rash and negligent driving of the driver of the offending truck which was insured by the appellant-insurer. ..... in reply to the contentions of the learned counsel for the appellant that since there is a prima facie material that the accident occurred due to contributory negligence of the driver of the truck as well as the matador unless the owner and insurer of the matador are impleaded as parties, the application for compensation will not be maintainable, ..... further submitted that even though the final report submitted by the police discloses that negligence of the driver of the matador was the cause for the accident and the final report was submitted since the said driver died in the accident, it is well settled in law that in a case for compensation under the m.v. ..... in the said written statement, he admitted the fact of accident but pleaded that since the driver of the offending truck was having a valid driving licence and the vehicle was validly insured with the appellants, the liability, if any, will be payable by the .....
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