Court : Orissa
..... that the injured workman becomes entitled to get compensation the moment he suffers personal injuries of the types contemplated by the provisions of the workmen's compensation act and it is the amount of compensation payable on the date of the accident and no.the amount of compensation payable on account of the amendment made in 1995, which is relevant. ..... as correct law in which the kerala high court held that it is the amount of compensation payable on the date of accident and no.the 11 amount of compensation payable on account of the amendment made in 1995.16. ..... submitted that the hon ble supreme court has awarded compensation where the appellant had pleaded that the accident had taken place solely because of the own negligence of the deceased. ..... commissioner should have taken the wages of the deceased at rs.4,000/- which was prevalent on the date of the accident since amendment brought to section 4 of the act has no retrospective effect.18. ..... , para7) the employer therefore became liable to pay the compensation as soon as the aforesaid personal injury was caused to the workman by the accident which admittedly arose out of and in the course of the employment. ..... 's compensation act, 1923, made by act no.30 of 1995 with effect from 15-9-1995, enhancing the amount of compensation and rate of interest, would be attracted to cases where the claims in respect of death or permanent disablement resulting from an accident caused during the course of employment, took place prior to 15-9-1995?.2. .....
Tag this Judgment!Court : Orissa
..... 16.08.2013 this writ petition has been filed challenging the order dated 20.10.2001, passed by the 3rd motor accident claims tribunal, bhubaneswar, in m.a.c.t.misc. .....
Tag this Judgment!Court : Orissa
..... 16.08.2011 this writ petition has been filed challenging the order dated 20.10.2001, passed by the 3rd motor accident claims tribunal, bhubaneswar, in m.a.c.t.misc. .....
Tag this Judgment!Court : Orissa
..... respondent no.2-insurance 11 company is directed to pay simple interest on the amount of compensation at the rate of 12% per annum after expiry of one month from the date of accident till the date of deposit of the amount of compensation within a period of eight weeks from today.18. ..... dr.mohanty vehemently argued 3 that the learned commissioner erred in not awarding interest at the rate of 12% per annum from the date of accident till the date of its realization as provided in the workmen s compensation act. ..... , (i) for enhancement of compensation and (ii) for payment of interest from the date of accident, dr.t.c.mohanty, learned senior advocate appearing for the appellant did not want to press the first relief and confined his argument to the second relief only ..... employer therefore became liable to pay the compensation as soon as the aforesaid personal injury was caused to the workman by the accident which admittedly arose out of and in the course of the employment. ..... prayed for a direction to opposite party no.2 to pay interest from the date of accident and not from the date of judgment of the commissioner 5. ..... has held that an employer becomes liable to pay compensation as soon as the personal injury is caused to the workmen by the accident which arose out of and in the course of employment. ..... -section (1) of that section provides that the employer shall be liable to pay compensation if personal injury is caused to a workman by accident arising out of and in the course of his employment .. .....
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..... learned tribunal taking into consideration both oral and documentary evidence adduced by the parties came to the conclusion that the accident was caused due to composite negligence on the part of the driver of the trekker as well as driver of auto rickshaw resulting death of budhanath as established from the post mortem report (ext-5) and by oral evidence. ..... in view of the finding of this court that the driver of three wheeler-auto rickshaw is responsible in causing the accident resulting death of the deceased and there is no negligence on the part of the driver of the trekker, this question has become irrelevant.17. ..... the learned tribunal has not accepted the same because it was filed two years after the accident and the police have not gone to seize the trekker and its documents in course of investigation in all these years. ..... the learned tribunal has not stated on the basis of whose oral evidence it came to the conclusion that the accident was caused due to composite negligence on the part of the driver of the trekker as well as auto rickshaw loader. ..... 3 the case of the claimants was that the road was straight and wide enough at the place of accident and the accident took place solely due to rash and negligent driving of the driver of the auto rickshaw. ..... opposite party no.2-insurance company in its written statement has also denied the averments made in the claim petition that the accident resulted due to rash and negligent driving of the driver of the auto rickshaw carrying goods. .....
Tag this Judgment!Court : Orissa
..... learned tribunal taking into consideration both oral and documentary evidence adduced by the parties came to the conclusion that the accident was caused due to composite negligence on the part of the driver of the trekker as well as driver of auto rickshaw resulting death of budhanath as established from the post mortem report (ext-5) and by oral evidence. ..... in view of the finding of this court that the driver of three wheeler-auto rickshaw is responsible in causing the accident resulting death of the deceased and there is no negligence on the part of the driver of the trekker, this question has become irrelevant.17. ..... the learned tribunal has not accepted the same because it was filed two years after the accident and the police have not gone to seize the trekker and its documents in course of investigation in all these years. ..... the learned tribunal has not stated on the basis of whose oral evidence it came to the conclusion that the accident was caused due to composite negligence on the part of the driver of the trekker as well as auto rickshaw loader. ..... 3 the case of the claimants was that the road was straight and wide enough at the place of accident and the accident took place solely due to rash and negligent driving of the driver of the auto rickshaw. ..... opposite party no.2-insurance company in its written statement has also denied the averments made in the claim petition that the accident resulted due to rash and negligent driving of the driver of the auto rickshaw carrying goods. .....
Tag this Judgment!Court : Orissa
..... ray, learned counsel for the appellant-insurance company submitted that the liability of the insurer is limited to rs.50,000/- as the accident took place on 09.05.1988 and the policy was valid from 22.02.1988 to 21.02.1989 which directly covers under section 95(2) of the m.v ..... did the death of deceased prasanta kumar das occur on account of motor vehicle accident involving vehicle not org-9696, matador (private vehicle?. ..... 05.2013 b.n.mahapatra,j.this is an appeal under section 173 of the motor vehicles act, 1988 (hereinafter referred to as the act ) filed by the appellant-insurance company against the judgment dated 16.05.2003 passed by the 3rd motor accident claims tribunal, puri (hereinafter referred to as the tribunal .) in m.a.c. ..... the motor accidents claims tribunal held an enquiry on the above pleadings and gave a finding that the accident was due to the rash and negligent driving of the car and awarded a compensation of rs.1 lakh payable by the respondents 3 and 4 jointly and severally.21 ..... m.a.c.a.no.35 of 200.from a judgment dated 16.05.2003 passed by the court of the 3rd motor accident claims tribunal, puri in m.a.c. ..... party no.2-insurance company, on the other hand, filed written statement denying the accident as alleged and the fact that the offending matador was insured with it covering the date of accident. ..... at the time of accident, he was an advocate of nayagarh bar and having reputation was attached as public prosecutor in the court of the sub-ordinate judge- 3 cum .....
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..... the commissioner relying on the zimanama (ext.5) in the connected police case held that the vehicle belongs to respondent no.2 and the appellant was insured covering the period of accident, but he did not touch anything about the coverage by the appellant and the liability under the policy to indemnify the owner.6. mr. ..... there is no dispute that the claimant s son jadab indrajit singh while working as a helper in a bus bearing registration not or-05-r/7796 met with an accident and died while discharging his duty. ..... case no.5 of 2007 was filed by respondent no.1-claimant alleging that the bus bearing registration not or-05-r/7796 belonging to respondent no.1 in which her son jadab indrajit singh was working as helper, met with an 2 accident on 06.02.2007 and capsized near chandikhole odanga. ..... as a result of such accident, the deceased sustained grievous injury and died on the spot. ..... no.2 vide policy no.550303/31/06/01/00002047 valid till 29.1.2008 covering the date of accident. .....
Tag this Judgment!Court : Orissa
..... the commissioner relying on the zimanama (ext.5) in the connected police case held that the vehicle belongs to respondent no.2 and the appellant was insured covering the period of accident, but he did not touch anything about the coverage by the appellant and the liability under the policy to indemnify the owner.6. mr. ..... there is no dispute that the claimant s son jadab indrajit singh while working as a helper in a bus bearing registration not or-05-r/7796 met with an accident and died while discharging his duty. ..... case no.5 of 2007 was filed by respondent no.1-claimant alleging that the bus bearing registration not or-05-r/7796 belonging to respondent no.1 in which her son jadab indrajit singh was working as helper, met with an 2 accident on 06.02.2007 and capsized near chandikhole odanga. ..... as a result of such accident, the deceased sustained grievous injury and died on the spot. ..... no.2 vide policy no.550303/31/06/01/00002047 valid till 29.1.2008 covering the date of accident. .....
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..... hon ble single judge while computing the income has also taken into consideration that if the deceased had not died in the motor accident on the fateful day, he would have been employed as either an officer or an employee in the government or 6 private establishment and undisputedly he would have earned a sizeable sum during his life time which is not the basis taken by .....
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