Court : Orissa
Reported in : 2007CriLJ1777
..... is not murder if the offender, whilst deprived of the power of self-control, by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident.the above exception is subject to the following provisions:first-that the provocation is not sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person.secondly- that the provocation is net given .....
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Reported in : 103(2007)CLT191
..... of records: every authorized person shall maintain records related to the generation, collection, reception, storage, transportation, treatment' disposal and/ or any form of handling of biomedical waste in accordance with the rules and any guidelines issued.accident reporting: when any accident occurs at any institution or facility or at any other site where bio-medical waste is handled or during transportation of such waste, the authorized person has to report the ..... accident in form iii to the prescribed authority.appeal: any person aggrieved by an order made by the prescribed authority under these rules may, within 30 days from the date on which the order is communicated to him appeal to the .....
Tag this Judgment!Court : Orissa
Reported in : 2007(1)OLR202
..... the tribunal also found that in course of such accident, the claimant sustained injuries and the vehicles being duly insured, and compensation payable to the claimant, has to be equally shared by both the insurance companies.5. ..... according to him, because of the injuries sustained in course of accident, he has lost his job. ..... on pleadings of the parties, the tribunal framed five issues and with reference to the evidence available on record held that the accident took place due to rash and negligent driving on the part of the drivers of both the vehicles and each one of them equally contributed to the accident. ..... the accident took place on the middle of the road and it is the case of the claimant that drivers of both the vehicles were negligent in driving the vehicles.lt is also the case of the claimant that he sustained multiple fractures on ..... 11 is the document, which reflects that the date of birth of the claimant was in 1944 and considering such materials, the tribunal held that the claimant was aged 53 years at the time of accident. ..... from the claim petition, it appears that the age of the claimant was mentioned as 53 years whereas in deposition, he stated to be 55 years of age at the time of accident. .....
Tag this Judgment!Court : Orissa
Reported in : 103(2007)CLT470
..... 750/- per month as a labourer and since he was aged about 55 to 60 years at the time of the accident/death multiplier 8 has been applied for assessment of the compensation, as such the award of rs. ..... it is the insurance company, with whom the vehicle which caused the accident was insured, has filed this appeal challenging the quantum of the award, has been arrived at by the learned tribunal, on the ground of assessing the income of the deceased at a higher side as well as application of higher multiplier. .....
Tag this Judgment!Court : Orissa
Reported in : 102(2006)CLT817
..... 3000/- per month as a labourer and by doing cultivation, died in an accident caused due to rash and negligent driving of the driver of a trax vehicle bearing registration no. ..... this appeal has been filed by the insurance company challenging the award-dated 05.01.2005 passed by the learned additional district judge-cum- motor accident claims tribunal, rourkela in mac case no. .....
Tag this Judgment!Court : Orissa
Reported in : II(2007)ACC166; 2006(II)OLR500
..... the tribunal on analysis of evidence framed five issues and with reference to the evidence adduced it held that the accident took place due to rash and negligent driving of the offending vehicle resulting in death of the deceased. ..... it is stated by the learned counsel for the appellant that the accident took place in the year 1990 and during those days a peon was not getting more than rs. ..... owner of the offending vehicle filed written statement denying direct knowledge about the accident resulting in death of the deceased. ..... accepting the income of the deceased at the time of accident as rs. .....
Tag this Judgment!Court : Orissa
Reported in : I(2007)ACC589; 102(2006)CLT437; [2006(111)FLR401]
..... appellants field a written statement denying the allegations made in the claim petition and a specific stand was taken to the effect that accident did not take place in course of and out of employment and therefore the claimant is not entitled to any compensation. ..... 89 (2000) clt 57 this court held that whether the accident took place in course of employment or not is a question of fact and not available to be challenged in appeal under section 30 of the act if appreciation of evidence on record does not suffer from any ..... /- was allowed.the appeal has been filed basically on the ground that the accident did not take place in course and out of employment. ..... in his deposition he has stated that on the date of accident while in employment as pump operator he was trying to switch on the pump from a height and fell down, as a result of which he sustained injuries all over his ..... found that the employer measurebly failed to prove its stand, version of the claimant is to be accepted and theirfore it can safely said that the accident took place in course and out of employment. ..... counsel appearing for the claimant-respondent, on the other hand, submitted that on analysis of evidence adduced from both sides, the learned commissioner arrived at a finding of fact that the accident took place in course and out of employment. ..... the basis of the pleadings of the parties, learned commissioner framed four issues and on analysis of evidence, held that the accident took place in course and out of employment. .....
Tag this Judgment!Court : Orissa
Reported in : 1(2007)ACC589
..... the appellants filed a written statement denying the allegations made in the claim petition and a specific stand was taken to the effect that accident did not take place in course of and out of employment and, therefore, the claimant is not entitled to any compensation. ..... the appeal has been filed basically on the ground that the accident did not take place in course and out of employment. ..... in his deposition he has stated that on the date of accident while in employment as pump operator he was trying to switch on the pump from a height and fell down, as a result of which he sustained injuries all over his body ..... found that the employer miserably failed to prove its stand, version of the claimant is to be accepted and, therefore, it can safely be said that the accident took place in course and out of employment. ..... ), this court held that whether the accident took place in course of employment or not is a question of fact and not available to be challenged in appeal under section 30 of the act if appreciation of evidence on record does not suffer from any illegality ..... counsel appearing for the claimant-respondent, on the other hand, submitted that on analysis of evidence adduced from both sides, the learned commissioner arrived at a finding of fact that the accident took place in course and out of employment. ..... the basis of the pleadings of the parties, learned commissioner framed four issues and on analysis of evidence, held that the accident took place in course and out of employment. .....
Tag this Judgment!Court : Orissa
Reported in : II(2007)ACC88; 2007ACJ2796; 102(2006)CLT489; [2006(111)FLR680]
..... reported in : 95(2003)clt501 this court held that the finding to the effect that the deceased was a workman under the appellant and had succumbed to the injuries in an accident arising out and in course of employment is essentially a finding of fact and is not available to be challenged in appeal. ..... vijayatnam reported in 89 (2000) clt 57 (sc) held that whether the accident took place in course and out of employment is basically a finding of fact and the finding with regard to the same is not available to be challenged in an appeal under section 30 of the workmen's compensation act, if such finding does not ..... the court observed as follows:where the evidence establishes that the workman was, in the course of his employment, at a place to which some risk particular there to attaches and an accident happens which is capable of explanation solely by reference to that risk, it is legitimate to attribute the accident to that risk, notwithstanding the fact that there is no direct evidence about the immediate circumstances of the accident.8. .....
Tag this Judgment!Court : Orissa
Reported in : 102(2006)CLT835; 2006(II)OLR301
..... the informant and the injured having clearly stated that the injuries in question were sustained due to the accident of luna, and not by assault, this court feels that no purpose would be served in proceeding with the case further against the petitioner and as all other witnesses have turned hostile in the case, there is every ..... it is further stated that after the accident he immediately shifted the injured to hospital for treatment. ..... 1, the informant, has observed that the said witness on solemnly affirmation stated in court that on the date of occurrence while he was returning with pabitra das in a luna, the said luna met with an accident, resulting in grievous injuries on pabitra. ..... he also deposed that he sustained injures while coming in a luna due to an accident. .....
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