Court : Orissa
Reported in : 2009(I)OLR250
..... after analysing various judicial pronouncements of different high court it was held that:(i) there must be a causal connection between the injury and the accident and the work done in the course of employment;(ii) the onus is upon the applicant to show that it was the work and the resulting strain which contributed to, or aggravated, the injury;(iii) it is not necessary ..... the injury or death from the point of view of the workman who dies or suffers injury, is unexpected or without design on his part, then the death or injury would be by accident although it was brought about by a heart attack, or some other cause to be found in the condition of the workman himself. ..... the deceased workman due to diabetes mellitus, hypertension and cerebral haemorrhage can be said to have any causal connection with the employment and can it be said that the death of the said workman was due to an accident arising out of and in course of his employment, so as to attract the provisions of section 3(1) of the workmen's compensation act.3. ..... accordingly the learned commissioner came to hold that the deceased workman died due to an accident arising out of and in course of his employment and the employer is liable to pay compensation, as required under section 3 of the ..... workman was latter referred to igh, rourkela, for further treatment, where he died and therefore it cannot be said that the deceased workman while on duty met with an accident and that his death arose out of and in course of his employment.5. .....
Tag this Judgment!Court : Orissa
Reported in : (2009)221CTR(Ori)328; [2009]308ITR133(Orissa); [2009]176TAXMAN293(Orissa)
..... ) (1959) 2 all er 757, relied upon by the petitioner, it has been held that on the plaintiff's claim against the defendant in respect of an accident, his solicitors obtained copies of hospital records concerned with the plaintiff's treatment. .....
Tag this Judgment!Court : Orissa
Reported in : 2009(1)OLR63
..... learned counsel for the appellant submits that in the instant case, as the truck was standing immobile, at the time of the alleged accident, no compensation could have been awarded, inasmuch as, the death of the deceased did not arise out of the use of the motor vehicle. ..... in this regard, it is submitted that under section 165 of the motor vehicles act, the tribunal can only entertain an application for compensation filed under section 166 of the said act provided the accident involving the death or bodily injury to the persons arise out of the use of the motor vehicle. ..... 1055 of 2005this appeal under section 173 of the motor vehicles act, 1988 has been filed by the insurance company challenging the award dated 06.09.2005 passed by the 4th motor accident claims tribunal, jharsuguda, in m.a.c.t. ..... personal expenses, the contribution of the deceased to his family has been calculated, by applying the multiplier of 17, as the deceased was aged about 20 to 22 years and his father was aged about 45 years, at the time of the accident.8. .....
Tag this Judgment!Court : Orissa
Reported in : [2008(119)FLR953]
..... osg 6677 met an accident during the course of his employment and received serious injuries as a result of which he died in the hospital on 7.4.1993. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2009Ori10
..... filed against the judgment and order of the learned single judge dated 12-9-2000, by which the learned single judge has dismissed the two appeals which were filed challenging the award of the motor accident claims tribunal (hereinafter referred to as the 'tribunal') in view of the fact that the appellant-insurance company has not fulfilled the requirement as provided under section 170 of the motor vehicles act, 1988 (hereinafter referred ..... bhushan sachdeva : [2002]1scr352 observing that the object of enacting the provision had been to relieve the distress and miseries of victims of accidents and reduce the profitability of the insurer in regard to occupational hazard undertaken by them by way of business activities and not to promote business interests of insurance companies even though they may be nationalised companies and as in the said ..... the facts and circumstances giving rise to these appeals are that the accident occurred on 4-5-1997 at korapalli junction as a consequence of which one surendra petho behera had died because of injuries caused by the offending vehicle. ..... as both the claim petitions had arisen out of the same accident, they were taken up together and decided by an award dated 21-9-1998 awarding a compensation of rs. .....
Tag this Judgment!Court : Orissa
Reported in : 106(2008)CLT878; 2008(II)OLR754
..... the only finding of the enquiry committee is as under:after examination of the site of accident and going through all the evidence, we are of the opinion that on 4.7.1993 the wagon no. ..... consisting of the assistant engineer-ii, cuttack, assistant area superintendent, cuttack and assistant mechanical engineer (power), khurda road, was appointed by the competent authority, the divisional railway manager, to enquire into the cause of the accident. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2009Ori56
..... 212 dn puri-sambalpur passenger and she was not injured in the train accident at the railway station because the accident did not come to the notice of either guard/driver of the train or the station employees and no information in connection with the alleged incident was available either with the working guard and driver ..... her bed-head ticket clearly shows that she sustained injury in a train accident and was under treatment, which was corroborated with the claim of ..... court after verifying the record and hearing the counsel for both the parties finds that the accident took place on 29-1-2003 at bhubaneswar railway station ..... railway authority to furnish the time of the incident for consideration for grant of financial assistance and the certificate from the doctor who is an orthopedic specialist of capital hospital came to the conclusion that the accident took place on 29-1-2003 ..... due to the said accident as she lost her both legs, after her release from the hospital she filed the claim application before the railway claims ..... but the scheduled time of arrival of the train at bhubaneswar in july, 2005 is at 6.10 which clearly corroborates the claim of the claimant the passenger who was examined on behalf of the claimant also corroborated that the accident occurred between 6.30 a.m. to 7.00 a.m ..... appearing for the claimant-respondent on the other hand submitted that the claimant is an illiterate rustic lady and she belongs to the labour class and she was under treatment after the accident took place .....
Tag this Judgment!Court : Orissa
Reported in : 2008(II)OLR615
..... it is further submitted that the award of compensation amount on the basis of the injuries suffered, is improper and excessive, in absence of authentic police paper to support the fact of accident and specific evidence of the treating doctor in support of such injury and the disability, if any, suffered by the claimant.4. ..... in the present case, the claimant having adduced oral and documentary evidence in support of the accident and the injury suffered, it cannot be said that there was no material on record to pass the impugned award.5. ..... in this regard, it is submitted that the entire claim appears to be a set up, inasmuch as, the owner of the scooter has filed a written statement admitting the fact of accident but did not appear during hearing of the case before the learned tribunal. ..... learned counsel for the insurance company submits that there being no police record to support the fact of accident involving the vehicle (scooter) bearing no. ..... this appeal under section 173 of the motor vehicles act, 1988, has been filed by the insurance company challenging the judgment/award dated 01.02.2006 passed by the first motor accident claims tribunal, cuttack, in m.v. ..... a perusal of the impugned award would show that the claimant, who is a member of this bar has adduced evidence of eye-witness in support of the accident and also the treating physician in support of the injury suffered and the extent of disability caused due to such accident. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2009Ori68
..... anything contained in any other law, be liable to pay compensation to such extent as may be prescribed and to that extent only for loss occasioned by the death of a passenger dying as a result of such accident, and for personal injury and loss, destruction, damage or deterioration of goods owned by the passenger and accompanying him in his compartment or on the train, sustained as a result of such ..... prior to the amendment the extent of the liability of the railway was provided in section 124 in the following words:when in the course of working a railway, an accident occurs, being either a collision between trains of which one is a train carrying passengers or the derailment of or other accident to a train or any part of a train carrying passengers, then whether or not there has been any wrongful act, neglect or default on the, part of the railway administration ..... is by virtue of amendment of section 123(c) and insertion of section 124-a, it is not only accident to the train but also an untoward incident in which somebody got affected, the latter would be ..... the hon'ble supreme court in that case considered the identical expression accident to a train in section 82-a of the railways act, 1890 which corresponds to the pre-amended ..... , it was held that the language used in section 124-a of the act is couched in a very wide and general terms and is not restricted to take within its embrace only such accidents wherein a passenger has been injured or killed subsequent to that date. .....
Tag this Judgment!Court : Orissa
Reported in : [2008(119)FLR755]
..... to pay interest on in, compensation amount awarded and if so, whether the compensation on amount falls due on the happening of the event of accident or when the same is determined, after due adjudication, and award is passed, which would be the starting point for levy of interest ..... it was pleaded by the claimants that the deceased workman at the time of the accident was working in the premises of the time of the accident was working in the premises of appellants and was engaged in the said work by dillip bastia, who was a sub contractor under a registered electrical contractor, whose details were ..... pattnaik, learned counsel for the appellants submits that admittedly the accident having occurred on 20.3.2000, the computation of the compensation amount by the learned commissioner should have been on the basis of the law as it existed at the time of such accident and not as per the amended law, as it stood on the date of ..... be liable for penalty @ 50% of the awarded amount appellants willthe two questions which falls for consideration in this appeal are:(a) whether the law as it stood on the date of the accident would be applicable for the purpose the computation of the compensation amount under the w.c. ..... nature, in so far as the determination of the quantum of compensation was concerned, and that the enhanced compensation would be available only to such claims where the death or injury occurs in an accident, arising out of and in course of employment after the date of such amendment.13. .....
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