Court : Orissa
Reported in : AIR1984Ori197
..... this was found necessary because of frequent occurrence of accidents on road and dependents of those injured or killed found it difficult to realise damages or compensation. ..... on account of the said accident, death having occurred, the claimants who are the wife and children of the deceased filed an application under section 110-a of the motor vehicles act claiming compensation to the tune of rs. ..... 1427 met with an accident at a place called jhargadja on the sambalpur-cuttack road due to rash and negligent driving of the said truck. ..... the insurance company is the appellant challenging the award of the second motor accident claims tribunal.2. ..... on the pleadings of the parties, the learned tribunal on consideration of the evidence on record held that the truck in question was being driven rashly and negligently in consequence of which the accident occurred. ..... 1,17,258/- before retirement had he not died in the accident. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1985Ori19
..... in a case where the claimant has stated in detail the manner in which the accident took place and the opposite parties while admitting the accident have placed their case trying to absolve themselves of the responsibility, the application is not liable to be thrown out for want of a specific allegation therein about rashness and negligence of the driver ..... they also denied the loss alleged to have been suffered by the appellant due to the accident and the quantum of claim.on the pleading of the parties the tribunal framed as many as four issues of which issue no ..... has been taken in fixing the fair compensation it is not necessary to award compensation in addition under other heads.in view of the finding that the drivers of both the offending vehicles are responsible for the accident, the respondents 1 and 2, the owners of the vehicles driven by themwould be liable to pay rs. ..... he has also contended that in a case for compensation arising out of an accident involving two vehicles where the accident itself was admitted, the application for compensation could not have been thrown out simply on the ground that it contains no allegation regarding negligence by the driver of the vehicle or vehicles in question.4 ..... has contended that the appellant in his application forcompensation unmistakably alleges that the vehicles involved in the collision were being driven in a rash and negligent manner and the accident was occasioned due to such rashness and negligence in driving of the vehicles. .....
Tag this Judgment!Court : Orissa
Reported in : 1984(II)OLR1031
..... org 2130 of the public health department on the pipli-puri road, an accident occurred owing to his rash and negligent driving by the sudden application of brakes.2. ..... while negotiating the turn with the bus coming from the front, the petitioner applied the brakes on a slippery road for which the vehicle went out of control and met with an accident causing injuries to him. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1985Ori128
..... common law right to claim compensation by a sufferer for tortious act so far as motor vehicles accidents, has not been provided under the act. ..... 1, the owner of the vehicle causing the accident was present. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1985Ori256; [1987]61CompCas465(Orissa); 1985(I)OLR338
..... learned judges of the karnataka high court, the aim and purpose of sections 110 and 110-a to 110-f of the act being to provide to the victims of the accident cheap and speedy remedy, the amendment which was made by act 56 of 1969 was only to clarify the position which was necessary because of divergent views of different ..... for compensation must be for the death of, or bodily injury to a person, the only requirement of the section being that the claim for compensation must be in respect of an accident and the accident must be one involving the death or bodily injury to a person and it must have arisen out of the use of a motor vehicle. ..... obligation arising out of section 96 of the act in satisfying the decree of the civil court also, in the facts and circumstances of this case in respect of damages to any property arising out of accidents involving the use of motor vehicle which had taken a policy of insurance as contemplated under section 95 of the act.12. ..... therefore, prior to 16-1-1979, the owner of the property claiming compensation for damages to property arising out of accident of vehicles had the only remedy of approaching the civil court in common law and the civil court would have full ..... of the act authorised the state government to constitute one or more motor accident claims tribunals (for short, 'claims tribunals'), for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the .....
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 : 1985(I)OLR468
..... indicates that the boys were standing under the banyan tree and, therefore, their evidence that the vehicle went on the eastern portion of the road and dashed the boy and that the accident would not have occurred had the vehicle moved on the tar portion of the road, is fully corroborated by the evidence of p.w.11 as to the location and measurement of the road at the spot.7. ..... according to the learned counsel there was no rashness or negligence on the part of the driver of the bus and it was a pure case of accident which could not be avoided in spite of the driver taking all reasonable care and precaution.5. ..... crossed the road while the third one was hit by the bumper of the bus which was on account of the fact that the brakes did not operate effectively and this was a pure case of accident without any manner of rashness or negligence on the part of the accused.3. ..... he categorically asserted:'...had the vehicle plied on the road the accident would not have occurred, but it went to the side of kutcha road, hence the accident took place....'p. w. ..... had the vehicle proceeded on the tar road no accident would have occurred. ...'p w. ..... all of them spoke in a very straight-forward manner as to how the accident took place. p. w. ..... the negligence of the accused is further aggravated since he could see the boy from a furlong's distance and yet did not take reasonable care and caution so as to avoid the accident. ..... the spot-map prepared by him is ext-9 which undoubtedly has been prepared after the accident. .....
Tag this Judgment!Court : Orissa
Reported in : I(1986)ACC582; AIR1986Ori212; 60(1985)CLT63; [1987]62CompCas829(Orissa)
..... being aggrieved by the award of the second motor accidents claims tribunal, northern division, sambalpur dated 17-12-1983, this appeal has been filed on 18-6-1984. ..... it is disclosed in the petition for condonation of delay that the insurance company appeared only on 15-12-1983 to take the stand that the vehicle causing accident was not insured with it. ..... 13,000/- has been awarded to a young boy aged 11 years who faced the accident. .....
Tag this Judgment!Court : Orissa
Reported in : 60(1985)CLT212; 1985(II)OLR208
..... the evidence of the motor vehicle inspector who visited the spot of accident shows that after the accident the motor-cycle moved to a distance of 17.5 metres. ..... 3 sustained injuries as a result of the accident provided the act of the respondent is rash and negligent.4. ..... road accidents have increased to such-extent that one feels unsafe to move on the public way. ..... 3 sustained grievous hurt as a result of the accident. ..... the plea in defence was that the accused-respondent was not an experienced driver as he was newly driving motor-cycle at the time of accident.2. .....
Tag this Judgment!Court : Orissa
Reported in : 60(1985)CLT257; 1985(II)OLR288
..... 2, met with an accident resulting in the death of two workmen employed by respondent no. .....
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