Court : Orissa
..... negligence on the part of the department and in such view of the matter plea that the accident is an act of god and they are no.responsible canno.be sustained in the eye of law. ..... the meaning of negligence given by different dictionaries and by the decisions of the hon ble apex court it can be safely answered that opposite party is negligent in maintaining its lines and thus the accident has occurred due to negligence act of the opposite party only. ..... the department has very 10 categorically admitted the accident in the 4th sub-para in the para 7 of their counter, where the department has categorically pleaded that unprecedented accident was caused due to short-circuit on account of coconut tree branch fallen down over the l.t.conductor due to heavy rain with storm and lightening in the locality on ..... however, the opposite party while admitting the accident submitted in sub-para-1 at page 13 of its counter that the unprecedented accident was caused due to short-circuit on account of the fact that a coconut tree branch fell over the l.t.conductor as on that day there was heavy rain with ..... there is also no dispute that there was an accident in the particular area and as a result of which, the live wire got snapped and came in contact ..... alleged that the electric line, where the accident took place belongs to the opposite party. ..... of the plants and its branches is also a part of the duty of the establishment, had the required vigilant was maintained then accident would no.have taken place. .....
Tag this Judgment!Court : Orissa
..... learned counsel has insisted that in case the railway administration is of the view that use of the unmanned level crossing has the potential of exposing the -6- users to accidents and mishaps, it is its obligation under section18 of the railways act, 1989 (hereinafter called in short act ) to get it manned after erecting necessary fences/gates/ bars.without resorting to such measures, the contemplated ..... to section 18 of the railways act, 1989, it has been urged that in case railway administration apprehends accidents and untoward incidents for the unregulated use of the unmanned level crossing, it is obliged erect a fence/gates ..... at the bar are out of context as those turn on individual facts pertaining to claim for compensation arising out of accidents for the failure of the railway administration to ensure sufficient safeguards at the unmanned level crossings. ..... petitioner, if for the failure of the railway administration to take such initiative such accidents occur, it ought to be adjudged actionably negligent and liable to pay compensation. ..... as an unmanned level crossing is inherently hazardous posing constant possibilities of accident, it is thus in consideration of public safety the opposite party had taken the decision to close/demolish the unmanned ..... in the case in hand, the railway administration foreseeing possibility of accidents and to prevent illegal activities of clandestine siphoning of forest produce and mining minerals has decided to close/demolish the unmanned .....
Tag this Judgment!Court : Orissa
..... to rs.4,00,000/-(rupees four lakhs) and considering the provision made at section 124 of the railway act, 1989, which makes provision for no fault of liability of rs.4,00,000/-(rupees four lakhs) in case of accident involving railway and since it was matching to the claim of the petitioners therein, this court allowed the writ petition in the special circumstances and directed the railway authority to pay rs.4,00,000/-(rupees four lakhs) as ..... i direct the railway authority-opposite parties to release a sum of rs.4,00,000/-(rupees four lakhs) towards interim compensation on the head no fault liability to claimants along with interest at the rate of 10% per annum from the date of accident till the date of payment and the amount as directed above be released in favour of the claimants within a period of eight weeks from the date of receipt of this judgment. ..... before the concerned police station involving the death of the deceased and taking into account the provision contained at section 124 of the said act read with the railway accident and untoward incident 5 (compensation) rule, 1990 the victims by way of interim compensation entitled to a sum of rs.4,00,000/-(rupees four lakhs) towards no fault liability as decided in a.i.r ..... amount of rs.8,00,000/-(rupees eight lakhs) along with interest at the rate of 10% per annum from the date of filing of the writ petition till 2 payment is made on account of the death of the deceased due to railway accident in an unmanned level crossing.2. .....
Tag this Judgment!Court : Orissa
..... on 06.02.2008, one bipra sahoo of huma met with an accident on nh-5 near huma, by which the detenu along with his supports made rasta roka , thereby creating panic in the minds of the general public by paralyzing the day-to-day life of the people. .....
Tag this Judgment!Court : Orissa
..... premi devi and others, reported in air 1997 sc 3854, it is held that when an employee suffers from motor accident injury while on duty on the motor vehicle belonging to the insured employer, the claim for compensation payable under the act along with interest thereon, if any, as imposed by the commissioner under section 3 and section 4-a (3) (a) of ..... on 6.1.2006 the truck met with an accident in which the appellant sustained injuries which arose out of and in course of his employment. ..... as a result of the accident, the appellant sustained fracture of left femur, neck of the left femur and left patella which ultimately resulted in stiffness of left hip joint as well as left knee joint and he is no.unable to sit and squat properly. ..... that the appellant is entitled to get compensation of rs.2,95,590/- (rupees two lakhs ninety-five thousand five hundred ninety) with interest at the rate of 12 % per annum on the said amount of compensation from the date of the accident. ..... the appellant is entitled to such interest from the date of the accident. ..... ), it is observed that the claimants are entitled to interest @ 12% from the date of the accident. .....
Tag this Judgment!Court : Orissa
..... union of india this court has gone even beyond the rule of strict liability by holding that where an enterprise is engaged in a hazardous or inherently dangerous activity and harm is caused on any one on account of the accident in the operation of such activity, the enterprise is strictly and absolutely liable to compensate those who are affected by the accident; such liability is no.subject to any of the exceptions to the principle of strict liability under the rule in rylands v. ..... since due to the negligence of the opposite parties, the accident occurred and the petitioners lost their sole bread winner, they are entitled to compensation of rs.2 lacs, which is modest considering that he is a labourer, with interest and the opposite parties, as such, be directed to pay the same, is .....
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..... further submitted that since the owner has entrusted the vehicle to the driver having valid driving licence which has no.been disputed, but the accident was caused by somebody else without the knowledge of the owner, the insurance company is only liable to pay the compensation amount and ..... sight of the evidence on record where it is made clear that at the relevant time, the vehicle was being driven by the helper, who had no valid driving licence and if any accident was caused during such period, the insurance company is no.liable to pay the compensation. ..... the claimant has submitted that the learned tribunal has thoroughly discussed the evidence adduced by the parties and has held that the accident took place due to the rash and 5 negligent driving of the driver. ..... (sd), berhampur claiming compensation due to death of her husband in a vehicular accident caused by the vehicle belonging the respondent no.2 in which the appellantinsurance company has been ..... that he himself had taken him on bail along with the driver, but he has come to a conclusion that the accident took place due to rash and negligent driving of the driver who was driving the vehicle and come to a definite finding that the driver of the offending vehicle was driving 4 the vehicle at the time of accident and no.the helper. ..... - insurance company has filed this appeal under section 173 of the motor vehicle act, assailing the judgment dated 25.01.1991 passed by the second motor accident claims tribunal, berhampur in m.j.c. .....
Tag this Judgment!Court : Orissa
..... on the basis of the pleadings available, learned tribunal framed as many as three issues and upon hearing the parties and going through the evidence and materials available on record, came to a finding that the accident took place due to rash and negligent driving of the offending vehicle and awarded a sum of rs.3,24,224/- as compensation along with 4 interest at the rate of 7 % per annum from the date of filing of the ..... pursuant to the notice, the respondent no.1-owner appeared, filed his written statement denying the liability to pay compensation as the vehicle was insured and it is stated that the accident took place due to the negligence of the deceased and the driver of the vehicle was having valid driving licence, therefore, is no.liable to pay the compensation amount claimed by ..... insurance company vehemently contended that the learned tribunal has committed error by directing the insurance company to pay the amount of compensation without considering the contentions raised about the cause of accident, income and age of the deceased consequently awarded exorbitant amount of rs.9,69,386/- ..... it is alleged that the deceased at the time of accident, was on the extreme left side of the road, but the driver of the offending trekker failed to negotiate the diversion and hit the right side of the ..... learned counsel appearing for the claimants-appellants has strenuously urged that the motor vehicle act is a beneficial legislation for the claimants, who have suffered due to the accident .....
Tag this Judgment!Court : Orissa
..... on the basis of the pleadings available, learned tribunal framed as many as three issues and upon hearing the parties and going through the evidence and materials available on record, came to a finding that the accident took place due to rash and negligent driving of the offending vehicle and awarded a sum of rs.3,24,224/- as compensation along with 4 interest at the rate of 7 % per annum from the date of filing of the ..... pursuant to the notice, the respondent no.1-owner appeared, filed his written statement denying the liability to pay compensation as the vehicle was insured and it is stated that the accident took place due to the negligence of the deceased and the driver of the vehicle was having valid driving licence, therefore, is no.liable to pay the compensation amount claimed by ..... insurance company vehemently contended that the learned tribunal has committed error by directing the insurance company to pay the amount of compensation without considering the contentions raised about the cause of accident, income and age of the deceased consequently awarded exorbitant amount of rs.9,69,386/- ..... it is alleged that the deceased at the time of accident, was on the extreme left side of the road, but the driver of the offending trekker failed to negotiate the diversion and hit the right side of the ..... learned counsel appearing for the claimants-appellants has strenuously urged that the motor vehicle act is a beneficial legislation for the claimants, who have suffered due to the accident .....
Tag this Judgment!Court : Orissa
..... where a patient s death results merely from error of judgment or an accident, no criminal liability should be attached to it. ..... nothing is an offence which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution. 6 88. ..... accident in doing a lawful act. .....
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