Court : Orissa
Reported in : I(1987)ACC441; 64(1987)CLT135; (1988)ILLJ200Ori
..... in course of his employment, he received multiple fractured injuries resulting from an accident of which fracture of his right wrist is one. .....
Tag this Judgment!Court : Orissa
Reported in : I(1987)ACC395; AIR1987Ori279
..... if the amount awarded as compensation for the loss of the bread-earner in an accident is flittered away, the purpose is lost and frustrated where, therefore, the beneficiaries are the widow, mother or minor children, some arrangement should be made by the tribunal so that the corpus is not wasted ..... the question, therefore, is if girish had not been killed in the accident but had eked out his full span of life to which in the absence of theaccident he could have reasonably looked forward, what sum during that period he would have probably applied out of his ..... having regard to the facts and circumstances of the accident, the tribunal applied the doctrine of res ipsa loquitur and concluded that the vehicle was driven rashly and negligently, determining the dependence at the ..... the defence of the appellants was that the accident occurred due to the rash and negligent driving of girish, who was unauthorisedly driving the vehicle at the ..... , therefore, no hesitation in upholding the finding of the tribunal that the accident was attributable to the negligence of the driver. 6. ..... to the dependents of one girish chandra patnaik, who died in an accident while travelling in a jeep belonging to the appellants. 2. ..... appeal, the state of orissa has assailed the award passed by the motor accidents claims tribunal, puri, granting compensation of rs. ..... it was further alleged that the accident was due to bursting of tyre ..... 575/- at the time of accident as an officiating inspector, though the widow examined .....
Tag this Judgment!Court : Orissa
Reported in : II(1987)ACC113
..... it is evident that the statement of the appellant that since the date of the accident he has not been able to ride bi-cycle, goes uncontroverted. ..... 6/- a day over rickshaw since the day of accident for going to office and market. .....
Tag this Judgment!Court : Orissa
Reported in : [1989]66CompCas880(Orissa)
..... 2 that on account of negligence of the driver, the accident occurred and awarded compensation of rs. ..... . the tribunal, on account of materials, came to the conclusion that the vehicle caused the accident ..... . the driver of the vehicle has not been examined to explain the cause of accident ..... , the driver of the van (ord-2202) registered for private carnage, while in village kanteikolia, used the reverse gear and hit the young son of the claimant who sustained fatal injuries on account of the accident. .....
Tag this Judgment!Court : Orissa
Reported in : II(1987)ACC452
..... 2 that on account of negligence of the driver the accident occurred and awarded the compensation of rs. ..... the tribunal on account of materials came to the conclusion that the vehicle caused the accident. ..... the driver of the vehicle has not been examined to explain the cause of accident. ..... the driver of van (ord 2202) registered for private carriage while in village kanteikolia used the reverse gear and hit the young son of the claimant who sustained the fatal injuries on account of the accident. .....
Tag this Judgment!Court : Orissa
Reported in : II(1987)ACC174
..... which the contract was made.in view of the aforesaid legal position and in view of the fact that the amendment has come into force with effect from 1-10-1982 and the accident occurred on 27-2-1983 much after the amendment, the amended provisions of section 95 (2) (a) of the act would apply whereunder the total liability of the insurance company is rs. ..... the subject, it has been held by their lordships that it is appropriate to hold that the word 'accident' is used in the expression 'any one accident' from the point of view of the various claimants, each of whom is entitled to make a separate claim for the accident suffered by him (emphasis is mine) and not from the point of view of the insurer. ..... (2) subject to the proviso to sub-section (1), a policy of insurance shall cover any liability incurred in respect of any one accident up to the following limits, namely-- (a) where the vehicle is a goods vehicle, a limit of fifty thousand rupees in all, including the liabilities, if any, arising under the workmen's compensation act, 1923 (8 of 1923), in respect ..... of the insurer to pay a claim under a motor-accident policy arises on the occurrence of the accident not until then, one must necessarily have regard to the state of the law obtaining at the time of the accident for determining the extent of the insurer's liability under ..... for consideration is that when three of the workers were injured in the same accident while being carried in the vehicle as employees, whether the liability of the .....
Tag this Judgment!Court : Orissa
Reported in : I(1988)ACC422; AIR1987Ori277; 64(1987)CLT220
..... the award to that extent fixing the liability of the petitioner is one without jurisdiction and is a nullity and, therefore, the same cannot be executed by way of a certificate proceeding; (ii) on the date of the accident, that is, on 27-9-69 as well as on the date of the filing of the claim petition, that is on 25-11-69, amendment to section 110-b of the motor vehicles act had not come into force and under the pre-amended provision, the tribunal ..... two writ applications are by one petitioner challenging the certificate proceedings in two certificate cases and both the certificate cases were instituted for realisation of the balance amount under an award passed by the motor accident claims tribunal under section 110 of the motor vehicles act.2. ..... on 27-9-69, the said vehicle met with an accident as a result of which one durga charan ghosh who was the husband of opposite party no. .....
Tag this Judgment!Court : Orissa
Reported in : II(1987)ACC135; 64(1987)CLT153
..... the tribunal assessed the dependency or contribution with reference to the income of the deceased on the date of accident and quantified the compensation by applying 20 years purchase in kutty's case and 18 years purchase in ver-ghese's case. ..... upon a consideration of the evidence, the tribunal held that the accident took place due to the rash and negligent driving of the vehicle by the driver. ..... 50,000/- in all in respect of each person involved in the accident where the person is other than passenger carried for hire or reward. ..... though the learned counsel for the appellants vehemently urged that the driver was not liable for the accident, on going through the materials, i am at one with the tribunal that but for his rash and negligent driving, the accident would not have taken place. ..... it is alleged that the accident could have been averted but for the nervousness shown by kutty.the insurer while adopting the pleas of the owner of the insured raised specifically a ground that it was liable, if at all, to a sum of rs. ..... 1 an 3 have vividly described as to how the accident took place. ..... the accident has not only removed the bread-earner but much more. ..... verghese who died in an accident on 13-3-1975. ..... because of small pot-holes on the road, the main front spring plate snapped, the vehicle went out of control and turned to its right, went over the dividing island and caused the accident. .....
Tag this Judgment!Court : Orissa
Reported in : II(1987)ACC241; AIR1987Ori257; 65(1988)CLT226
..... 110 of the motor vehicles act, as it stood prior to its amendment of the year 1956, conferred powers upon the state government to appoint persons to investigate and report on motor accidents but those officers had not been empowered to adjudicate on the liability of the insurer or on the amount of the damages to be awarded i except at the express desire of the ..... the parliament, therefore, introduced sections 100 to 110-f empowering the state government to appoint motor accidents claims tribunal who would have the duty and obligation to determine the quantum of compensation and adjudicate upon the claims in respect of accidents involving death of or bodily injury to persons arising out of the user of motor vehicles or damages to any property of a third ..... -section (1) shall be made to the claims tribunal having jurisdiction over the area in which the accident occurred, and shall be in such form and shall contain such particulars as may be prescribed :provided ..... in this connection, it is pertinent to note that under section 110-a(c), an application for compensation arising out of an accident of the nature specified in sub-section (1) of section 110 may be made by any agent duly authorised by the person injured or all or any of the legal representatives of the deceased, ..... 110-a requires that every application shall be made to the tribunal having jurisdiction over the area in which the accident occurred, and shall be in such form and shall contain such particulars as may be prescribed. .....
Tag this Judgment!Court : Orissa
Reported in : II(1987)ACC337
..... 4 for taking interim custody of the vehicle which was seized on account of the accident. ..... 2 registered as the owner was not the real owner of the vehicle at the time of accident. .....
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