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 : 2(1986)ACC295
..... insurance company filed a separate written statement and took the defence that the driver who caused the accident was not the employee of insured padmalochan nor was he driving the motor vehicle for his business. ..... the motor vehicle had been given on hire to respondents neelratan and jyotiprakash and at the time of accident it was being driven by laxmidhar bindhani, driver of respondent neelratan and jyotiprakash who were in possession and management of the motor vehicle and were plying the same on their ..... above fact finds support from the evidence of opw 1, an employee of respondent neelratan, who stated that on the date of accident respondent jyotiprakash had brought the motor vehicle from respondent padmalochan to ply on his route. ..... of the settled position of law and the facts of this case, the only conclusion which can be deprived is that respondent padmalochan, the registered owner of the motor vehicle which caused the accident and was 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 him-self the master is ..... respondent padmalochan is vicariously liable for the accident and is bound to pay compensation to ..... the claims tribunal held that the accident was caused due to rash and negligent driving of the motor vehicle by ..... a passenger in the motor vehicle on the date of the accident and was an eye-witness. .....
Tag this Judgment!Court : Orissa
Reported in : II(1986)ACC386; AIR1987Ori18; [1989]65CompCas515(Orissa)
..... tribunals (hereinafter referred to as claims tribunals) for such area as may be specified in the notification 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 use of motor vehicles, or damages to any property of a third party so arising, or both : provided that, where such claim includes a claim for compensation in respect of damage to ..... the amount received under the comprehensive policy will be taken into consideration while determining the compensation payable by the owner and insurer of the vehicle causing the accident. ..... no material is furnished by the owner of the truck giving the circumstances under which his truck caused the accident. ..... 27,000/- from the owner and the insurer of the truck (aap 5758) which caused the accident. 3. .....
Tag this Judgment!Court : Orissa
Reported in : 1986(II)OLR19
..... bhaggu barl) in which it was held that notice under section 10 is rendered unnecessary if the court is satisfied on evidence that the employer knew from other sources of the accident at or about the time it took place.8. ..... 1 held that the accident had occurred in course of the employment of the respondent under the appellants. ..... whether the accident arose out of the negligence of the employee ?3. ..... whether the accident arose in course of and out of employment ?2. .....
Tag this Judgment!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 : 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 : 1986(I)OLR644
..... on reading the application for condonation of delay and the evidence of the applicant in court it is clear that since the accident on 4-2-1977, he was an indoor patient in the hospital to be discharged on 16-4-1977. ..... from the suggestion in cross-examination that the injured was crossing the road at the time of accident, inference can be drawn that the respondent no. ..... 1drove the scooter negligently causing the accident whereby the appellant was injured. ..... 1 and 2 while not disputing the injuries and their effect on the appellant dented the accident to have been caused by respondent no. 1. ..... as a result of the accident, the appellant fell down and sustained in furies on his left hand and hip joint. ..... the accident occurred on 4-2-1977. ..... the accident was on the main road. ..... 1600/- on account of the accident. ..... the tribunal has rightly held that the acquittal in the criminal case would not be a ground to disbelieve the story of accident. ..... 1 was at the spot of accident. ..... appellant is the only eye-witness to the accident. ..... appellant was a head, moharir in the district police office at rourkela on 4-2-1977 when he was injured by an accident. .....
Tag this Judgment!Court : Orissa
Reported in : 62(1986)CLT13; 1986(I)OLR607
..... commissioner is required to be satisfied that : (i) the dead or injured is a workman; (ii) the person claiming is the dependant of the deceased workman; (iii) the injury or death was outcome of an accident in course of the employment of the workman; and(iv) the person against whom the claim is made is the employer of the workman or a person under whom the employer is the contractor. 7. ..... and had no responsibility in the matter of movement of the truck and the deceased who was not she employee of the appellant having died in the accident far away from the mining area of the appellant (suleipat), he had absolutely no responsibility in the matter. ..... andrews and mears), it was held that the principle would not be applicable where the accident occurred on a public street or highway through which the workman was passing in course of his employment in this decision, however, the contractor was engaged to cart materials and ..... mohapatra he learned counsel for the appellant, however, very strongly urged that the accident having occurred at a far off place from his mines cannot be said to be 'on, in or about' the premises or which is in his control of management, ..... the observation of the supreme court while considering whether the accident was in course of employment of the workman has full application to determine whether a distant place on a public road would be 'on, in or about' the premises of the ..... removing the rubbish, the cart faced with an accident two miles away from the site of work .....
Tag this Judgment!Court : Orissa
Reported in : I(1988)ACC138
..... now he is not able to ride his cycle on account of the accident as one of his legs has become shorten. ..... when a person is physically disabled on account of the accident, he is bound to suffer in mind and body. ..... thus, as a result of the accident, he had to sustain expenses throughout the period of his service on that account. ..... before the accident he was commuting the distance between his office and his village by cycle daily. ..... orx 4607 dashed against the scooter causing injuries on the body of the claimant on account of the accident. .....
Tag this Judgment!Court : Orissa
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. .....
Tag this Judgment!