Court : Orissa
..... (1987) 1 scc 395.the apex court by going beyond the rule of strict liability held that: where an enterprise is engaged in a hazardous or inherently dangerous activity and harm is caused on any one on account of the accident in the operation of such activity the enterprise is strictly and absolutely liable to compensate those who are affected by the accident, such liability is not subject to any of the exception to the principle of strict liability under the rule in ryelands v- flecteher ..9. ..... there is absolutely no material to show that the live electric line got snapped suddenly because of heavy lightening, storm or heavy 6 rain before the accident took place. .....
Tag this Judgment!Court : Orissa
..... cargo auto vehicle in 9 question as the driver was listening to music by using head phone and he did not care to stop the vehicle to see if any loco is coming on the railway track and, therefore, when the accident in question took place solely because of the negligent crossing of the unmanned level crossing, under section 161 of the railways act, the driver of the said cargo auto vehicle is responsible and not the railways. ..... , namely, champa bhoi, pooja, gouri sahu,medam sahu, anu bhoi, arati bhoi, bharati bhoi, buli bhoi, khatkuri bhoi, jayanti bag, ahalya badhei, dukhi pradhan and sanjukta rout died because of the accident whereas nirupama bhoi, hemalata bhoi, subasini rana, chandini rout, mohini bhoi and brundabati bhoi had sustained injuries because of the aforementioned ..... till such construction of road over bridges/under bridges, the railway authorities are to take the following appropriate steps to avert any accident:- 19 (i) posting home guards with red flag so that like manned level crossings they can also caution the pedestrian/cyclist/scoorterist/biker or any four wheeler which approaches the unmanned level crossing when a ..... even if it is admitted that the cargo auto being driven by its driver did not listen to the advice of the labourers as he had put on head phones and was listening to music and therefore, the accident took place but what was the fault of the innocent persons who were travelling in the said cargo auto?. .....
Tag this Judgment!Court : Orissa
..... he was travelling in the driver s cabin with arms on his shoulder and instructed the driver to stop the train for a while at the site of accident so as to enable him to safely get down from the train, 2 for guarding the site. ..... the facts of the present case also clearly exhibit the multiplicity of misfortune faced by the appellant victim in the accident, though may not be to that degree or dimension as was faced by rathi menon.10. ..... he further submitted that since it is well settled in law that the railway accident and untoward incident (compensation) amendment rules, 1997 is not prospective in nature, but retrospective. ..... post, talcher, to move in the next available goods train (as passenger train is plied only once a day in the route) to proceed to the accident site on the railway track in between budhapank and talcher under budhapank railway station, he carried out the command and proceeded to the place of accident immediately in the next available goods train. ..... 3,20,000/- as provided in item no.17 of part-iii of schedule-e of the railway accidents and untoward incident (compensation) amendment rules, 1997. ..... in length, the railway accident (compensation) rules, 1990 lay down a compensation of rs. ..... on arrival near the accident site, the driver of the goods train stopped the train and when the appellant was in the process of getting down from the driver s cabin, i.e. .....
Tag this Judgment!Court : Orissa
..... an application for payment of compensation is filed before the tribunal constituted under section 165 of the act for adjudicating upon the claim for compensation in respect of accident involving the death of, or bodily injury to, persons arising out of the use of motor vehicles, or damages to any property of a third party so arising ..... , although may 9 not have anything to do with the use of vehicle at the time of the accident, actually he may be held to be constructively liable as the employer of the driver. ..... compensation amount shall be paid by the insurer or owner or driver of the vehicle involved in the accident or jointly and severally by all or any of them, as 5 the case may be. ..... whether the deceased meghu dharua died due to accident caused by tractor bearing registration not ois-8366?.3) whether the accident occurred due to rash and negligence of the driver of the ..... alia provides that in making award the claims tribunal shall specify the amount which shall be paid by the insurer or owner or driver of the vehicle involved in the accident or by all or any of them, as the case may be. ..... the tractor bearing registration not ois 836.belonging to the appellant, which was plouging the field, due to rash and negligent driving of the vehicle, deceased-meghu dharua met with the accident and died instantaneously. ..... that respondent no.1 claimed compensation before the tribunal under section 166 of the motor 2 vehicles act on account of death of her husband meghu dharua in a vehicular accident. .....
Tag this Judgment!Court : Orissa
..... holder bank had insured the assets / units of the certificate debtor petitioner by paying insurance premium on debit of the same to the loan account to the certificate debtor / petitioner; unfortunately the unit was burnt due to accident with fire, but the certificate debtor / petitioner did not take any step to obtain the claim from the concerned insurance company; however, after the certificate debtor approached the district consumer commission .....
Tag this Judgment!Court : Orissa
..... (1) gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years, (a) on his superannuation, or (b) on his retirement or resignation, or (c) on his death or disablement due to accident or disease. .....
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..... 08.2012 _________________________________________________________________________________ b.n.mahapatra, j.this appeal has been filed by the claimants challenging the judgment dated 28.10.2010 passed by the first motor accidents claims tribunal, puri in m.a.c. ..... chaulia, 1st motor accident claims tribunal, puri in m.a.c. ..... in the judgment dated 28.10.2010, learned tribunal has held that claim application is maintainable and the driver of the offending vehicle was driving the vehicle in a rash and negligent manner, as a result of which the accident took place. ..... at the time of accident, the deceased was aged about 35 years. .....
Tag this Judgment!Court : Orissa
..... herself and was cross- the appellant also filed certain documents in support of its claim that the accident was not within their knowledge and denied the allegations made in the claim application. .....
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..... timely before the electricity authority as a result of which no inquiry as provided under section 33 could be made to find out the truth is no.at all sustainable for the simple reason that soon after the accident took place, the news with regard to death of the deceased because of passing of current through telephone wire was published on 29th june, 1996 in the daily newspaper the sambad . ..... further the newsprint of samaj under annexure-2 at page 53 of the 11 writ petition clearly shows that the accident occurred due to contact of both telephone line and electric line which had only a distance of 8 inch and 10 ..... were jointly and severally liable for the cause of this unprecedent accident for which notice under section 80 of c.p.c was issued to ..... so far the occurrence of this electrocution accident is concerned, the respondents have deliberately failed to provide safety and protective devices as required under rule-91 of the indian ..... on enquiry as regards the cause of accident, it was found that an 11 kv electric line has crossed the telephone line at a distance of 250 metre from the 3 house of the appellant as a result of which the telephone line came in contact with the ..... consequent upon the said accident, the deceased lost his ..... fact of the accident was published in the ..... the cause of accident of the deceased was that a 11 kv electric line has crossed the telephone line at a distance of 250 metre from the house of the appellant-petitioner as a result of which the telephone line came in .....
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..... medical college and hospital, cuttack on 9.12.1988 and his evidence reveals that one suvendu panda son of narayan panda of village iswarpur under mangalpur police station was admitted into the male accident ward vide indoor registration no.2546 dated 9.12.1988. .....
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