Court : Orissa
Reported in : AIR2009Ori91
..... suffering, shall be such as the claims tribunal, may after taking into consideration medical evidence, besides other circumstances of the case determine to be reasonable:provided that if more than one injury is caused by the same accident, compensation shall be payable in respect of each such injury:provided further that the total compensation in respect of all such injuries shall not exceed rupees forty thousand. ..... the railway administration shall, notwithstanding 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, a 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 ..... the tribunal also must keep in mind that the claimant has already suffered delay in disposal of accident cases resulting delay in getting compensation, the trauma and tragedy already sustained may not be magnified by the injustice of not awarding interest from the date of the ..... , 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 such, as would entitle a passenger who has been injured .....
Tag this Judgment!Court : Orissa
Reported in : (2008)106CALLT51(NULL)
..... it was contended that the claimants must prove that the driver of the truck in question was driving the vehicle rashly and negligently and the accident took place due to such rash and negligent driving of the driver of the offending vehicle.4. ..... the learned single judge further held that on the date of accident since the offending vehicle was covered by a valid insurance policy, the insurance company is to indemnify the liability of the owner of the offending vehicle to pay the compensation to claimants. ..... the learned single judge decided the appeal considering the following two points:(i) whether there was any contributory negligence on the part of the deceased when the accident took place? ..... as a result of such accident, the deceased fell down from the scooter and the offending truck ran over him. ..... the accident took place due to the rash and negligent driving of the driver of the offending vehicle and therefore the owner is liable to pay the entire amount of compensation of rs. ..... according to him, the deceased while driving the scooter in rash and negligent manner met with the accident. .....
Tag this Judgment!Court : Orissa
Reported in : 2008ACJ2610
..... party for whose benefit the insurance is taken, is therefore entitled to show, when he moves under section 166 of the motor vehicles act, that driver was negligent in driving the vehicle resulting in the accident; that owner was vicariously liable and that the insurance company was bound to indemnify the owner and consequently, satisfy the award made. ..... for the insurance company next argued that even if there was involvement of the offending truck in the said accident, the failure to implead the driver may absolve the owner from his vicarious liability. ..... belonging to an owner is insured with the insurance company and is being driven by a driver employed by the insured, when it meets with an accident, the primary liability under law for payment of compensation is that of the driver. ..... really some other dumper had collided with the deceased and as per the owner's affidavit, the driver of the truck should have seen the accident and his failure to report to the police station, especially in the absence of any recital in the driver's affidavit about the fact of his driving the said vehicle during the time of accident through the spot of accident, may only indicate his guilt of involvement in the ..... cannot be said that there was no grievous injury sustained in the accident and so accident was not the reason for the death.15. ..... 2000(i)olr480 , for a girl child of 9 years old, where she was injured in an accident with fracture of occipital bone, being a permanent injury, compensation of rs. .....
Tag this Judgment!Court : Orissa
Reported in : 2008(II)OLR137
..... (b) the act of carrying passengers in the truck in standing position itself was very serious where one can contemplate accident if certain brake was applied and the person who allowed carrying passengers in the goods vehicle was squarely responsible for such a negligent act and the negligence and rashness of the ..... and the owner of the offending vehicle contested the case before the learned tribunal.the insurance company in its written statement while admitting the accident denied to pay any compensation on the ground of breach of condition of the policy. ..... no violation of the condition of the insurance policy and the policy was valid at the time of accident, the liability, if any, should be met by the insurance company. ..... that on the relevant date the vehicle was returning from titilagarh to kholan and in the site of accident when the driver saw a heavy vehicle i.e. ..... the said truck met with an accident, as a result of which the deceased sustained ..... of the efforts of the driver in avoiding any accident, the heavy vehicle, i.e. ..... the insurance company was that where the goods vehicle is used for carrying passenger and faced an accident, insurance company is not liable to pay any compensation.the owner of the vehicle in his written statement admitted the fact of accident. ..... motor accident claims ..... were passing each other, as a result of which mini truck capsized on the people who were returning from sivaratri mela and the deceased who sustained injuries due to the said accident, died at v.s.s. .....
Tag this Judgment!Court : Orissa
Reported in : 106(2008)CLT706; (2009)ILLJ632Ori
..... the act as follows:(i) 'total disablement' means such disablement, whether of a temporary or permanent nature, as incapacitates workman for all work which he was capable of performing at the time of the accident resulting in such disablement.it has not been disputed before us that the injury was of such a nature as to cause permanent disablement to the respondent and the question for consideration is whether the disablement ..... workman is subjected and in considering the loss of earning capacity in the case of permanent partial disablement, the comparison between the wages drawn by the workman before and after the accident is not the determinative factor.referring to the decision in prafap narain singh deo's case (supra) learned counsel for the appellant submitted that in the aforesaid case the apex ..... evidence that the employer of the respondent has given any alternative employment or the respondent is doing some other job, the finding recorded by the commissioner that after the accident the injured workman has become permanently disabled it being a case of total disablement, the workman is not debarred from claiming compensation more than the specified in the schedule for ..... the owner as well as the insurer of the truck on the ground that he has become permanently disabled due to amputation of his left hand in the accident arising out of and in course of his employment.the appellant in support of his claim adduced evidence and examined apart from him one sarat nayak and relied .....
Tag this Judgment!Court : Orissa
Reported in : 106(2008)CLT563
..... therefore, i may only say that the number was hastily given by the injured-occupant which was traced and found by police as not involved in any accident and that upon statements of witnesses inquired into by the police officers, it came to light that the offending vehicle bearing regd. ..... the learned counsel for the insurance company argued that when accident occurred, the very same injured occupant of the auto-rickshaw mentioned the number of the offending vehicle as or-05e-1727. ..... one of the occupant has immediately after the accident informed the police hastily mentioning the regd. no. ..... there was an accident at 5.30 p.m on 19.5.2000 wherein a collision was made by truck bearing regd. no. .....
Tag this Judgment!Court : Orissa
Reported in : 106(2008)CLT488
..... according to op-2 (the insurer of the offending truck), it was not liable to pay compensation as the insurance policy was not valid and the accident took place due to negligence of the driver of the trekker.the case of op-4 (the insurer of the trekker) is that the accident occurred due to rash and negligent driving of the driver of the offending truck and as such op-2 is liable to pay compensation. ..... in paragraph-10 of the said award, learned tribunal observed that from the seizure list marked ext.4 it is clear that the accident took place due to rash and negligent driving of the drivers of both the vehicles, and accordingly it answered the issue.11. ..... the above pleading, learned tribunal framed the following four issues.i) whether the rash or negligent driving of the offending vehicle was proximate cause of accident?ii) whether the driver of the offending vehicle had a valid driving licence on the date of accident?iii) whether the offending vehicle had a valid insurance covering on the date of accident?iv) whether the claimants were entitled to get compensation and if so, to what extent and from whom?4. ..... while coming to such finding in paragraph-10 of the award the tribunal has given a contrary finding that the accident took place due to rash and negligent driving of drivers of both the vehicles basing on the report of mvi ..... tribunal has also come to the conclusion that as per the mvi report, the accident took place due to rash and negligent driving of drivers of both the vehicles. .....
Tag this Judgment!Court : Orissa
Reported in : 2008(II)OLR239
..... the oral and documentary evidence adduced by the claimants and in absence of any evidence to the contrary, the learned tribunal held that the accident resulting death of the deceased took place due to the rash and negligent driving of the driver of the offending crane. ..... the deceased was a bachelor, the age of the mother who was 44 years at the time of accident was taken into consideration and 15 multiplier was applied for computation of the compensation amount. ..... is an appeal under section 173 of the motor vehicles act, 1988 (hereinafter called as 'the act') filed by the insurance company against an award dated 13.12.2004 passed by the 2nd motor accident claims tribunal, (hereinafter referred to as the tribunal') cuttack, in misc. ..... his argument he submitted that since a considerable time has already been passed, this appeal may be disposed of in, the manner and spirit in which the motor accident claim cases are disposed of in the lok adalat. ..... after the accident the deceased was taken to danagadi hospital, where post mortem over the dead body of the deceased was ..... the accident took place due to the rash and negligent driving of the driver of the offending ..... counsel further argued that the driver of the offending vehicle did not have valid and effective driving license at the time of accident.9. ..... also further held that the offending vehicle was duly covered with valid insurance policy and the driver of the offending vehicle had valid and effective driving license at the time of accident. .....
Tag this Judgment!Court : Orissa
Reported in : 2009ACJ2124
..... since the decision of the supreme court which has been relied upon by the learned counsel for the petitioner in the writ petition passed at a later stage than the date of accident and disposal of the claim application, the ratio which has been laid down by the court in that decision may not be applicable in the instant case. ..... such cancellation of policy was intimated to the owner of the vehicle by the insurance company as well as the regional transport officer, puri, where the vehicle was registered, much prior to the date of accident, the petitioner insurance company is not liable to indemnify the owner of the vehicle and to pay the amount of compensation to claimant. ..... appearing on behalf of the claimant submits that since the injured-claimant sustained multiple injuries on his body in the accident caused due to rash and negligent driving of the driver of the offending bus bearing registration no. ..... the selfsame award dated 2.5.2003 on the ground that since the claimant has sustained four injuries in course of the accident, out of which one injury (injury no. ..... of 1990 before motor accidents claims tribunal, puri claiming ..... this accident occurred only due to rash and negligent driving of the above said bus for which the claimant sustained multiple injuries, out of which one ..... the vehicle as well as the regional transport officer, where the vehicle was registered, were intimated with regard to cancellation of the policy due to dishonour of cheque much prior to the date of the accident. .....
Tag this Judgment!Court : Orissa
Reported in : 2008ACJ2064; (2008)106CALLT579; (2009)IILLJ165Ori
..... the absence of any contra evidence, we may have to take that the accident took place in that particular area where the bamboo was intended to be cut ..... the above cited supreme court case also it was held that in a case of a person going from his home to his place of work if he suffers injury in an accident on the way, it cannot be said that the accident arose out of and in the course of his employment. ..... so, in this particular case, it is not that the accident took place en route the employment area but it is in the area of ..... it was held in that case that the accident caused by fire had no nexus with the employment of the deceased nor it was incidental to ..... in order to show that any accident en route employment may not be considered as an accident, 'in course of employment' or 'during the employment', reliance was placed on ..... that if any person starts from his house and goes to work or employment and falls down en route that may not be called as accident in the course of employment or during the employment. ..... is a beneficial piece of legislation that has been enacted to compensate the workmen and their dependants in the event of accidents during the course of employment. ..... to put it differently if the accident had occurred on account of a risk, which is an incident of the employment, the claim for compensation must succeed, unless the workman has exposed himself to an added peril by his own imprudent ..... further held that there must be causal relationship between the accident and employment. .....
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