Court : Orissa
Reported in : 1994ACJ776
..... interpolation and the policy in question admittedly having been issued making it effective from 2.5.1986, the insurer is liable to pay the compensation.4. mr. basu appearing for the insurer in both these appeals contends that under the provisions of the insurance act, 1938, the insurer is not liable to assume risk unless and until necessary deposit of the premium amount is made in advance ..... in the prescribed manner as contained in section 64-vb of the act and since admittedly the premium amount in .....
Tag this Judgment!Court : Orissa
Reported in : I(1994)ACC278; 1994ACJ1046
..... acj 206 (sc), ruled that the maximum liability imposed under section 95(2) (as it stood then) on the insurer was rs. 2,000/- per passenger and the limit of the insurance prescribed under section 95(2)(b) of the act could be enhanced by any contract to the contrary.this position was reiterated by the apex court in the case of ..... these appeals is whether the motor accidents claims tribunal, in the facts and circumstances of the case, erred in directing the appellant insurance company to pay the entire sum awarded as compensation to the claimants.2. on 26.4.1986 at about 3 p.m. while plying between berhampur and ramgiri road the bus bearing no. org 4851 met with ..... in view of the provision in section 95(2)(b) of the motor vehicles act, 1939, prescribing limit of liability of insurance company in a case of this nature, it is not open to the tribunal to saddle the insurance company with the liability for the entire sum awarded.4. section 95(2)(b) provides, inter alia, that subject to the proviso .....
Tag this Judgment!Court : Orissa
Reported in : II(1992)ACC386
..... from the date of claim till realisation.3. the two fold grounds on which the award has been characterised as unsustainable by the learned counsel for the insurer are as follows:(i) the loss of dependency and multiplier as adopted are high; and(ii) grant of interest being .discretionary the stipulation for higher ..... a. pasayat, j. 1. in this appeal under section 110-d of the motor vehicles act, 1939 (hereinafter referred to as the 'old act') the oriental fire and general insurance company limited (hereinafter referred to as the 'insurer') calls in question the legality of the award passed by the second motor accident claims tribunal, cuttack (hereinafter referred to ..... it was open to the tribunal to stipulate higher rate of interest in case the awarded amount in not paid within the time limit fixed by the tribunal.4. the term 'compensation' etymologically suggests the image of balancing one thing against other, its primary signification is equivalence. it is an extremely difficult task to .....
Tag this Judgment!Court : Orissa
Reported in : 105(2008)CLT204; [2008(116)FLR1010]; (2007)IIILLJ1081Ori
..... a.s. naidu, j.1. this is an appeal filed under section 82(2) of the employees' state insurance act, 1948 (hereinafter referred to as 'the act'). the appellant seeks to challenge the judgment dated november 28, 1997 passed by the learned district judge-cum-esi court, cuttack dismissing esi misc. case no. 8 ..... he denied the assertion that any officer of the corporation ever visited the unit or about receipt of any ex parte order (demand) passed under section 45a of the act.4. on the basis of the pleadings of the parties, the esi court framed seven issues. during hearing, the proprietor of the appellant concern got himself examined as p ..... was the proprietress. on the basis of inspection, the corporation by its letter dated august 30,1990 called upon the appellant to comply with different provisions of the esi act. a code number was also allotted with instruction to the proprietor of the appellant-establishment to avail necessary assistance from local office of the corporation at rajabagicha.3. .....
Tag this Judgment!Court : Orissa
Reported in : 1992ACJ693; AIR1991Ori294
..... to a round figure of rs. 60,000/-. in case, a claimant would have sought for compensation under the workmen's compensation act, he would have been awarded rs.55,343/- which the insurer would have paid. without leaving the claimant to take steps for realisation of a paltry sum of less than rs. 5,000/- ..... /- for assistance taken during the period of injury and rs. 25,000/- towards mental shock, pain and suffering and made the insurer liable topay the compensation.4. mr. s. s. basu, learned counsel for the insurer-appellant submitted that insurer is liable to pay only that amount which claimant would have been entitled under the workmen's compensation ..... act in view of section 95 of the motor vehicles act in absence of any additional premium for additional liability towards loss of .....
Tag this Judgment!Court : Orissa
Reported in : (1996)ILLJ1115Ori; 1995(I)OLR13
..... appeal under section 82 of the employees' state insurance act, 1948 (hereinafter referred to as 'the act') filed by orient paper mills challenging the validity of the order passed by the district judge-cum-employees' insurance court arising out of a petition filed under section 75 of the act for certain declarations.2. briefly stated, the ..... of the factory having been engaged by the director of secret information and detective services, calcutta; (iii) employees of the orient club, brajarajnagar; and (iv) employees of the contractors engaged outside the factory premises for cleaning, gardening and repairing of the buildings in the colonies. the appellant claims that it is not ..... are doing the work incidentally for the purpose of the factory. i do not find anything wrong in the conclusion reached by the insurance court in this regard.(iv) employees of the contractors engaged out-side the factory premises for cleaning, gardening and repairing of the buildings in the colonies.the labourers .....
Tag this Judgment!Court : Orissa
Reported in : I(2005)ACC539; 2006ACJ585; 2004(I)OLR292
..... , damages or liability arising from an unknown or contingent event and is applicable only to some contingency or act to occur in future. section 2(9) of the insurance act defines 'insurer, inter alia as 'any body corporate carrying on the business of insurance which is a body corporate incorporated under any law for the time being in force in india.' section ..... amended and the plea that the cheque issued by the owner towards premium had bounced was taken. in short, the plea of the insurance company was that it was not liable to pay any compensation. 4. on an analysis of the evidence adduced by the parties inter se the tribunal arrived at a conclusion that the accident occurred due ..... assurance co. ltd. v. rajendra kishore harichandan and anr., (a.h.o. no. 33 of 1999 and a.h.o. no. 31 of 2001) (disposed of on 20.4.2001), mr.a.k. mohanty, learned counsel for the appellant, forcefully and strenuously submitted that as in the present case, the cheque given by the owner-respondent no. 2 towards .....
Tag this Judgment!Court : Orissa
Reported in : 2000ACJ1506; 1998(II)OLR444
..... persons, viz., passengers who are in the process of alighting from a public service vehicle, should be covered by the policy of insurance, which requirement is mandatory under section 95 (1)(b)(ii) of the act. further, once such persons, viz., those who are entering or alighting from the vehicle are treated as passengers, the limit of ..... thirty but not more than sixty passengers;(3) a limit of one lakh rupees in all where the vehicle is registered to carry more than sixty passengers; and(4) subject to the limits aforesaid, ten thousand rupees for each individual passenger where the vehicle is a motor car, and five thousand rupees for each individual passenger in ..... so long as he did rot reach the destination. the quantum as fixed by learned single judge has been challenged.4. it is interesting to note that the old act and the motor vehicles act, 1988 (in short, the 'new act') do not define the expression 'passenger'. the meaning of the word 'passenger', as given in black's law dictionary .....
Tag this Judgment!Court : Orissa
Reported in : 1994ACJ1096
..... per day as a 'kaviraj.3. the owner on being noticed appeared and denied the allegations made in the claim petition. the insurer appeared and contested the case as the owner claimed to be indemnified by the insurer.4. issues were framed and evidence was adduced from both the sides. the learned tribunal after assessing the evidence on record came to ..... did not have any jurisdiction to award the penal interest, it has much force. in oriental fire and general insurance co. ltd. v. buli dei 1993 acj 1119 (orissa), a. pasayat, j. after examining the provisions of the act as well as the provisions of law with regard to interest, came to the conclusion that when the tribunal ..... of the above decisions, the direction in the award for retrospective enhancement of rate of interest for default of payment 6f compensation is not envisaged under the motor vehicles act. i humbly agree with the decision of a. pasayat, j. reported in buli dei's case (supra). i direct that the rate of interest as awarded by .....
Tag this Judgment!Court : Orissa
Reported in : 1(1986)ACC557
s.c. mohapatra, j.1. this is an appeal by the insurer under section 110-d of the motor vehicles act, 1939 (in short 'the act').2. claimant is a daily labourer. on 23-6-1979 at about 4,30 p.m. while he was returning back from his work with other workers on the singhipur road, the truck bearing registration no. ..... learned counsel appearing for respondent no. 1, that the appeal is not entertainable since in respect of two of the claimants the finding that the appellant is the insurer has become final.4. mr. p. roy, the learned counsel for the appellant submitted that in respect of the two claims where the amounts of compensation awarded were less than rs ..... remedy against a decision in a summary enquiry as under section 110-b of the act, attracting the principles of res judicata would be most in appropriate.6. in the written statement, the insurer had taken the specific plea that the owner had not been insured in respect of the vehicle by the appellant. the tribunal entertained the certified copy .....
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