Judgment Search Results Home > Cases Phrase: inevitable accident Court: orissa Page 1 of about 346 results (0.070 seconds)

Smt. Puni Singh Vs. Chairman, Grid Corporation of Orissa and ors.

Court : Orissa

Reported in : 1998(II)OLR322

..... an innocent person, the grid corporation has to satisfy the court that it had taken all reasonable dispatch in ensuring compliance with all precautionary measures to avoid any possible accident.nothing has been brought on record to show that the grid corporation had taken all necessary precautions to avoid any accident and that in spite of all such measures, the inevitable accident has occurred. ..... of the inevitable accident or the act of god, it is that party to prove by placing sufficient materials on record what steps strictly in accordance with the protective measure were taken by it and all precautions are taken to prevent the probable accident. ..... thereafter the appropriate government may, if it thinks fit, require any electrical inspector, or any other competent person appointed by it in this behalf, to inquire and report - (a) as to the cause of any accident affecting the safety of the public, which may have been occasioned by or in connection with, the generation, transmission, supply or use of energy; or (b) as to the manner in and extent to which the ..... in connection with, any part of the electric supply-lines or other works of any person and the accident results or is likely to have resulted in loss of human or animal life or in any injury to a human being or an animal, such person shall give notice of the occurrence and of any such loss or injury actually caused by the accident, in such form and within such time as may be prescribed, to the electrical inspector and to .....

The United India Insurance Co. Ltd. Vs. Kamalalochan Kamalo and ors.

Court : Orissa

Reported in : 1996ACJ302; AIR1995Ori213; 1995(I)OLR445

..... be defeated on the plea of inevitable accident. ..... liability to pay compensation in certain cases on the principle of no fault:-- (1) where the death of permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or, as the case may be, the owners of the vehicles shall, jointly and severally, be liable to pay compensation in respect ..... the basis of the above documents, the tribunal came to the conclusion that as death was caused due to an accident arising out of the use of a motor vehicle and the claimant being the son of deceased he was entitled to ..... disputed that the principle of no fault liability makes the owner of the vehicle liable for compensation even when the accident is not due to the fault of the owner of the vehicle and even if the accident has taken place due to the fault of the victim. ..... petition it was specifically averred that:'the deceased was travelling in the offending truck involved in the accident as a passenger from dabugaon to the papada-handi for business purpose. ..... presented a petitioner under section 92a of the motor vehicles act, 1939 (hereinafter referred to as 'the act') before the motor accident claims tribunal (s.d), berhampur, camp -- jay-pore claiming compensation amounting to rs. ..... it further held that as the vehicle which caused the accident was insured, insurance company was liable to indemnify, the insured under the policy and, accordingly, was directed to .....

A. Krishna Patra Vs. Orissa State Electricity Board and ors.

Court : Orissa

Reported in : II(1998)ACC367; 1998ACJ155; AIR1997Ori109; 83(1997)CLT356

..... it is further submitted that the snapping of conductor being an inevitable accident, liability ought not to be fastened on the opposite parties. 7. ..... singh, which reads thus : 'all causes of inevitable accidents may be divided into two classes : (1) those which are occasioned by the elementary forces of nature unconnected with the agency of man or other cause; and (2) those which have their origin either in the whole or in part in ..... thus, it follows that the plea of an inevitable accident is wholely misconceived and cannot come to the aid of the opposite parties for getting out of its liability. 10. ..... while considering the question of inevitable accident or an act of god, it will be useful to reproduce a passage from the law of torts, 22nd edition, by justice g. p. ..... ' thus, the plea of inevitable accident had, in cases of this type, practically lost all its utility. 18. ..... the plea of an inevitable accident or an act of god advanced at the stage of hearing, cannot come to the aid of the opposite parties. ..... ' an inevitable accident is an event which happens not only without the concurrence of the will of the man, but in spite of all efforts on his part to prevent it. ..... an 'act of god' is an inevitable or unavoidable accident without the intervention of the man; some casualty which the human foresight could not discern and from the consequence of which no human protection could be provided. .....

Sk. Allah Bakhas and Etc. Vs. Dhirendranath Panda and anr.

Court : Orissa

Reported in : AIR1983Ori203

..... 28 at page 81, the law relating to inevitable accident is stated thus: to establish a defence of inevitable accident the defendant must either show what caused the accident and that the result was inevitable, or he must show all possible causes, one or more of which produced the effect, and with regard to each, of such possible causes he must show that the result could not have been avoided.the supreme ..... the insurer pleaded inevitable accident and refuted that the driver was negligent ..... air 1977 sc 1735 accepted the aforesaid statement of law and observed (para 5):--'the burden rests on the opposite party to prove the inevitable accident. ..... to succeed in such a defence, the opposite party will have to establish that the cause of the accident could not have been avoided by exercise of ordinary care and caution.'5. ..... these three appeals arise out of the decisions of the motor accident claims tribunal dismissing the applications of the claimants for compensation claimed for injuries sustained by them and for the death of a eight months old baby.2 ..... no evidence having been adduced: to rebut the presumption, the only conclusion that can be reached is that the accident took place on account of the negligence of the driver. ..... the fact that the autorickshaw was on the railway track at the time of the accident is itself indicative of negligence of the driver. ..... in the accident, allah baksh and hazra lost their daughter aged eight ..... 000.00 to him who was a student of class x at the time of accident. .....

Divisional Manager, New India Assurance Co. Ltd. Vs. Pravati Kar and a ...

Court : Orissa

Reported in : 2002(II)OLR399

..... the supreme court has categorically held :'....on the aforesaid interpretation of these two statutory schemes, therefore, the conclusion becomes inevitable that when an employee suffers from a motor accident injury while on duty on the motor vehicle belonging to the insured employer, the claim for compensation payable under the compensation act along with interest thereon, if any, as imposed by the commissioner sections 3 and a-a ..... the position of law as laid down by the supreme court, the appellant cannot have any valid grievance against the award of interest on the compensation from the date of the accident till payment or deposit thereof.for the reasons aforesaid, there is no merit in the appeal and accordingly the same is dismissed. ..... said judgment, the supreme court granted interest from the date of the accident till the date of payment.in kerala state electricity board and anr. ..... order, the commissioner has awarded interest @ 12% per annum from the date of the accident till the date of deposit on the compensation as awarded by him.3. ..... supreme court has held that the relevant date for determination of the rate of compensation is the date of the accident and not the date of adjudication of the claim. ..... in 1997 acj 517, the supreme court granted 9% interest per annum from the date of the accident till the date of recovery of actual payment. ..... submitted that the commissioner has erroneously awarded such interest from the date of accident instead of the date of the award.mr. d. k. .....

New India Assurance Company Ltd. Vs. Sanatan Nayak and ors.

Court : Orissa

Reported in : AIR1988Ori197

..... the tribunal on assessment of evidence, both oral and documentary, came to hold that the claim petitions were not barred by limitation, the truck had met with an accident on account of the rash and negligent act of the driver causing the instantaneous death of the deceased person and though respondent jasbir kaur was the ostensible owner, yet respondent harbhajan singh was the ..... from the aforesaid evidence, both oral and documentary, conclusion is inevitable that the real onwer of the truck was respondent harbhajan singh and was treated by the local people as such. ..... the appellant in its written statement denied that the truck met with an accident on 10-8-1980 causing the death of three persons and further its liability as insurer to pay compensation to the heirs of the deceased. ..... on the other hand, in para 4 of their written statement she categorically stated that as she ' was not the owner of the vehicle on the date of the accident namely, 10-8-1980, she was not liable to be saddled with compensation. ..... roy urged that the victims of the accident were unauthorised passengers of the truck arid as such, after they died in the accident, their heirs are not entitled to compensation ..... he denied that the truck had ever met with an accident causing the death of three persons as alleged and further denied his liability to pay compensation to the heirs of the deceased.5 ..... the person using the vehicle at the time of accident for his business, and the driver will be liable for the injury caused .....

Sruti Shekhar Singh Samanta Vs. Managing Director, Orissa Road Transpo ...

Court : Orissa

Reported in : 1991ACJ995; AIR1991Ori225; 71(1991)CLT769

..... state of haryana reported in air 1981 punj and har 159 considering the question of determination of the quantum of compensation observed that it is always impossible to have an exact estimate or assessment of the damages suffered by the persons injured in accident yet a reasonable view of the case in relation to all the circumstances of the case has to be taken to order to compensate the person injured for the loss which he has or appears to have suffered in life. ..... the tribunal is required to spread the compensation awardable over these distinct heads which are now recognised in the field of torts as inevitable parameters affording the basis on which and the extent to which an accident victim is liable to be compensated in an action for personal injuries. ..... it is also the case of the appellant that his father who was aged 48 years at the time of the accident was maintaining him and on account of his death he has been deprived of his help and assistance for life. ..... in that case unmarried girl aged 20 years was seriously injured in an accident; she had to undergo pains and sufferings as a result of three fractures and five ..... 1, the appellant has stated in his deposition that as a result of the accident his father died at the spot and he sustained fracture on his right leg, fracture of the joint of his left leg and also injuries on his ..... the tribunal on assessment of the materials on record held that the accident was caused due to the rash and negligent driving of the road train by its .....

Oriental Insurance Co. Ltd. Vs. Banamali Lenka and ors.

Court : Orissa

Reported in : II(1998)ACC561; 1999ACJ535; AIR1998Ori163; 86(1998)CLT162

..... 1,100/- per month and there being a fracture on the right hand bone, he had to undergo treatment for the injuries he sustained in course of the accident and he was to be hospitalised at baripada hospital from 13-9-1985 till 18-9-1985 and since he did not get desired result, he had to be shifted and treated at a nursing home at cuttack from 18-9-1985 to 2-10-1985 ..... 1) filed a written statement denying the negligence on the part of the driver of the van and according to him, the accident was an inevitable one. ..... 3, the insurance company, the present appellant, in its written statement denied the accident and the claim and its liability in each of the claim petitions. ..... the learned tribunal framed seven issues and held on consideration of materials that the driver of the vehicle was responsible for the cause of the accident due to his negligence, applying the principles of res ipsa locuitur. ..... 49 of 1985, bharat sahu is aged 60 years at the time of accident who was carrying on business of coconuts and earning an income of rs. ..... he was aged 38 years at the time of accident and the legal representatives have laid a claim of rs ..... is the appellant against the award of compensation passed by the motor accident claims tribunal, mayurbhanj in claim misc. ..... 5279 (van) involved in the accident could not be traced out in absence of full and correct particulars with regard to insurance policy or certificate of ..... policy is effective from 12-2-1995 to 11-2-1996 and thus, it covers the date of accident. .....

Manorama Nath Vs. Union of India

Court : Orissa

..... high court was dealing with an appeal against the order of the railway claims tribunal, where the claim application was dismissed primarily on the ground that the deceased died in a bus accident and not railway accident and the facts of the said case disclosed that on account of flood the passengers in kamrup express could not be carried beyond gouripur in the district of dhubri and the railway ..... is, therefore, set aside and the appeal is allowed directing the respondent to pay a compensation of rs.4,00,000/- (rupees four lakhs) as per the schedule in the railway accidents and untoward incidents (compensation) rules, 1990 along with 6% interest thereon from the date of filing of the claim application till the date of deposit, to the claimant ..... one of which was hired by the railways to carry passengers to the station on principle, i do not agree with the view of the gauhati high court that such an accident would come under the railways act rather than coming under the mother vehicles act, but, agreeing with the view of the kerala high court, i am of the considered opinion/ ..... 2(31) (e), the counsel for the railways would probably be correct in his argument but no harmonious construction being given to both the provisions of sections 124 and 2(31) (e), the necessary and inevitable result which follows is that an accident which has taken place between the bus which is hired by the railways with another bus it would be called railway accident and nothing more and nothing short. .....

Bhuban Chandra Dutta Gupta Vs. General Manager, Orissa State Road Tran ...

Court : Orissa

Reported in : AIR1985Ori19

..... in a case where the claimant has stated in detail the manner in which the accident took place and the opposite parties while admitting the accident have placed their case trying to absolve themselves of the responsibility, the application is not liable to be thrown out for want of a specific allegation therein about rashness ..... they also denied the loss alleged to have been suffered by the appellant due to the accident and the quantum of claim.on the pleading of the parties the tribunal framed as many as four ..... inevitable that the drivers of both the vehicles in question were rash and negligent in driving their vehicles and thereby caused the accident. ..... the fair compensation it is not necessary to award compensation in addition under other heads.in view of the finding that the drivers of both the offending vehicles are responsible for the accident, the respondents 1 and 2, the owners of the vehicles driven by themwould be liable to pay rs. ..... he has also contended that in a case for compensation arising out of an accident involving two vehicles where the accident itself was admitted, the application for compensation could not have been thrown out simply on the ground that it contains no allegation regarding negligence by the driver of the ..... in his application forcompensation unmistakably alleges that the vehicles involved in the collision were being driven in a rash and negligent manner and the accident was occasioned due to such rashness and negligence in driving of the vehicles. .....