Court : Orissa
Reported in : 2009ACJ435; 2008(I)OLR11
..... 6,000/- dated 02.03.2004 passed in a motor accident claims case, the same ought to have been filed within a period of 90 days from the date of the award i.e. ..... 2/insurance company challenging the judgment/award dated 02.03.2004 passed by the learned 3rd motor accident claims tribunal, bhubaneswar, in misc. ..... even though, there is no prescribed period of limitation for filing a writ petition, there is a prescribed period of limitation of 90 days for filing of an appeal challenging an award passed in a motor accident claims case. ..... orf-1619 was not having a valid driving licence nor there was a policy issued by the petitioner covering the period of accident. .....
Tag this Judgment!Court : Orissa
Reported in : 106(2008)CLT139
..... 6,000/- dated 02.03.2004 passed in a motor accident claims case, the same ought to have been filed within a period of 90 days from the date of the award i.e. ..... 2/lnsurance company challenging the judgment/award dated 02.03.2004 passed by the learned 3rd motor accident claims tribunal, bhubaneswar, in misc. ..... even though, here is no prescribed period of limitation for filing a writ petition, there is a prescribed period of limitation of 90 days for filing of an appeal challenging an award passed in a motor accident claims case. ..... orf-1619 was not having a valid driving license nor there was a policy issued by the petitioner covering the period of accident. .....
Tag this Judgment!Court : Orissa
Reported in : 2008(I)OLR96
..... learned counsel that no doctor having been examined in course of inquiry under section 202 cr.p.c, the court has to look into the postmortem examination report available in the police papers and form an opinion as to whether it is a case of accident or suicide or homicide.5. .....
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT870; 2008(I)OLR478
..... to the liability of the insurance company to pay the awarded amount indemnifying the owner of the vehicle, even if the driver of the vehicle was not having a valid driving licence at the time of the accident, which is violative of the terms and conditions of policy and the deceased was travelling in the offending vehicle as a gratuitous passenger as well as the quantum of compensation and rate of interest awarded are on ..... 3/appellant filed its written statement denying all the allegations, inter alia stating therein that the owner of the vehicle did not inform with regard to the accident, the driver of the vehicle was not having a valid driving licence, accident occurred due to fault of the driver and the deceased was travelling in the jeep as a gratuitous passenger and hence the insurance company is not liable to pay ..... under the old act vis-a-vis gratuitous passengers are of no avail while considering the liability of the insurance company in respect of any accident, which occurred or would occur after the new act came into force as has been held in the case of new india assurance company ..... finalise the marriage of his daughter, due to rash and negligence of the driver, the vehicle met with an accident near kumuli and the deceased along with others sustained injuries. ..... that the deceased was travelling in the jeep as a gratuitous passenger and the driver of the jeep was not having a valid/effective driving licence to drive a passenger-carrying vehicle at the time of accident. .....
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT319
..... realization/recovery of the entire amount paid/deposited by it in accordance with law, if the driver of the said vehicle was not possessing a valid driving licence to drive the offending vehicle on the date and time the accident was caused as well as shall have all have the liberty to attach the the vehicle if the owner/insured does not participate in the proceeding and comply with the order passed by the court/tribunal ..... company is not liable to pay the compensation amount to the claimants indemnifying the owner of the vehicle, as because the driver of the offending vehicle was not having a valid driving licence at the time the accident was caused, this writ petition can be disposed of at this stage on the basis of settled principles of law and thereby none of the parties shall be prejudiced by the order. ..... even though in the meantime more than thirteen years have passed from the date of accident and more than nine years from the date of award, the poor claimants have not received anything towards ..... the case record clearly indicates, the alleged accident in the instant case occurred on 26.12.1994 and the matter was compromised in lokadalat on 12.07.1998 and award for ..... in this case, the accident was caused on 26.12.1994, the claim application was filed in the year 1997 and an award was passed on 12.07.1998 on the basis of the compromise in lok ..... as it appears, in an accident caused due to rash and negligent driving of the driver of the offending vehicle bearing registration .....
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT351
..... orb 5383 and the vehicle was validly insured with the insurance company as well as the driver of the offending vehicle was having a valid driving license at the time of the accident.keeping in view the facts and circumstances of the case as narrated above as well as the materials available on record, i am of the view that the claimants/appellants are entitled for the compensation as has been claimed by them ..... view of the above, in my considered view, the death of deceased was caused due to the injuries sustained by him in a motor vehicle accident, which were caused on 10.01.1989 due to rash and negligent driving of the driver of the offending truck bearing registration no. ..... learned tribunal was also quite incorrect in his finding about the accident which was caused due to rash and negligence driving of the driver of the offending vehicle and was the cause of the death of the injured as well as about the liability of the insurance ..... per month by pulling rickshaw and four days after the accident he died in his house, after coming from the hospital. ..... p.w.2, who is the eyewitness to the occurrence, has proved the accident, which was caused on 10.01.1989 due to rash and negligent driving of the driver of the truck bearing registration ..... deceased succumbed to the injuries sustained by him in a motor vehicle accident caused on a public road on 10.01.1989 at about 7.30 a.m. ..... the judgment/award dated 15.07.1993 passed by the learned 3rd motor accident claims tribunal, balasore in misc.case no. .....
Tag this Judgment!Court : Orissa
Reported in : 2007(II)OLR805
..... after assessing the evidence both oral and documentary the tribunal arrived at a conclusion that the accident occurred due to rash and negligent driving of the driver of the offending vehicle. ..... reported in 2006 (5) supreme 433 he submitted that in a motor accident claim in death case choice of multiplier is to be determined by age of the deceased or that of claimants whichever is higher by the calculation as to what capital sum, if invested at a rate of interest appropriate to a stable economy would yield the multiplicand by way of annual ..... the judgment dated 12.9.1995 passed by the second motor accident claims tribunal, cuttack in misc. ..... the said accident occurred due to rash and negligent driving of the driver of jeep bearing registration no. ..... in a motor vehicle accident which occurred on 05.2.90 the deceased who was travelling by a cycle sustained grievous injuries and succumbed to the same. .....
Tag this Judgment!Court : Orissa
Reported in : 104(2007)CLT621; 2007(II)OLR406
..... 1 before the second motor accident claims tribunal, challenging the order-dated 31.05.1994 passed in mjc no. ..... mishra, learned counsel for the petitioner submits that an ex parte award dated 28.08.1993 was passed against the petitioner by the learned second motor accident claims tribunal (s.d. ..... 2/94 was dismissed by the learned second motor accident claims tribunal (s.d. ..... 1 and 2/claimants submits that the claim application is of the year 1992, which was filed by the sons of the deceased claiming compensation for the death of their mother in a motor accident on 11.11.1991. .....
Tag this Judgment!Court : Orissa
Reported in : 2007(II)OLR318
..... this writ petition has been filed by the wife of one sukanta kumar behera, who sustained injuries in a motor vehicle accident on 09.09.2001, representing her injured and insane husband, challenging the order dated 05.03.2007 passed in misc. .....
Tag this Judgment!Court : Orissa
Reported in : 2008ACJ2210; 104(2007)CLT343; [2007(115)FLR266]; 2007(II)OLR305
..... from that there are judgments to the effect that when a workman is coming back after discharging his duties and has met with an accident, in such a case the accident has been construed to be covered within the sweep of expression of arising out of employment'. ..... that case what happened was that the injuries were sustained by the employee while he was on his way to the factory and the accident took place one kilometre away from the place of employment. ..... where the accident takes place after the commencement of the duty and when it is not in dispute that the claimant was coming back after discharging his duty, in such a case the accident can be said to have taken place out of his ..... 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 of course the workman has exposed himself to an added peril by his own imprudent act....the aforesaid decision ..... other words, there must be a casual relationship between the accident and the employment. ..... 2 is as follows:whether the accident arose out of and in course of employment of the applicant under opposite party ..... the instant case the workman was engaged by his master to look after the repairing work and after discharging his duty while the workman was returning the accident took place. ..... it is not in dispute that the workman was coming back after discharging his duty and while he was coming back from the place of duty the accident took place. .....
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