Court : Orissa
Reported in : 2(1986)ACC350; 61(1986)CLT394
..... /- as compensation for herself and her three minor sons, who are admittedly dependants of the deceased under the workmen's compensation act, 1923. the owner and the insurer both contested the claim.4. the tribunal found the death of sadhu charan to due to rash and negligent driving of the vehicle. while assessing the compensation ..... make it clear that in consideration of the payment of an additional premium, the appellant has undertaken to indemnify the insurer (against his legal liability under workmen's compensation act, 1923, the fatal accidents act, 1855 or at common law so far as driver/cleaner and four coolies employed in the vehicle.8. the ..... agreed that notwithstanding anything contained herein to the contrary the company shall indemnify the insured against his legal liability under:the workmen's compensation act, 1923 and subsequent amendments of that act prior to the date of this endorsements, the fatal accidents act, 1855 or at common law in respect of personal injury to any paid .....
Tag this Judgment!Court : Orissa
Reported in : 1998ACJ59; AIR1997Ori19
..... now a settled position that order 41, rule 27, c. p. c. can be invoked in an appeal under the motor vehicles act.8. there is no averment in the claimpetition that the insurer and the insured hadentered into a contract whereby the insurerhad agreed to cover higher or unlimitedliability. on the contrary, there is a specificaverment in para 11 ..... number of contentions are raised by the learned counsel for the appellant but in view of the limitations imposed by section 96(2) of the act and the ratio laid down in the case of national insurance company v. nagikhia das (after him) mst. laxmi dibya, air 1976 orissa 175 (fb), the contentions sought to be advanced on merits ..... on merits. had such a permission been granted, the insurer may have been justified in assailing the award on merits also.4. the insurer, however, submits that the award needs to be modified by limiting its liability to the sum specified in section 95(2)(b)(i)of the motor vehicles act, 1939 which is rs. 50,000/- per accident. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1992Ori110; 1992(I)OLR359
..... of a third party or from death of a third party arising out of the use of a motor vehicle insured. act policy means an insurance policy which is issued by an insurer and obtained by the assured under a mandatory provision of the act. from the heading of chapter viii it is clear that it relates to the provision for ..... a limit of fifty thousand rupees in all, where the vehicle is registered to carry not more than thirty passengers;(2) xxx. xxx xxx(3) xxx xx xxx(4) subject to the limits aforesaid, ten thousand rupees for each individual passengers, whether the vehicle is a motor-car and five thousand rupees for each individual passengers, in ..... the tribunal was not justified in fastening part of the liability on it.4. though several contentions were raised before the learned single judge, we are concerned with the question as a sequel to the reference made whether the insurer was bound to indemnify the insured, as according to the latter the injured persons were covered within the expression .....
Tag this Judgment!Court : Orissa
Reported in : II(1994)ACC445; 1994ACJ1245; AIR1994Ori236; 1994(I)OLR300
..... (hereinafter referred to as 'the act').4. the tribunal on assessment of the evidence on record determined the compensation payable to the claimants at rupees 1,70,000/- and saddled the entire liability on the insurance company. being aggrieved by the said award of the tribunal, while the insurance company filed misc. appeal no. 249 of 1988 the claimants filed ..... marked as ext. 4/1 was filed by the appellant insurance company. it is also not in dispute that right from the beginning the appellant has been raising the contention that as an insurer of the mini bus its liability is limited only to rs. 50,000/- as provided in section 95(2) of the act. since the tribunal ..... filed misc. appeal no. 385 of 1989 assailing the judgment of the tribunal apportioning the compensation amount between him and the insurance company in the light of the provisions of section 95(2) (b) of the act. it was for him to establish with reference to the evidence on record that the decision of the tribunal was erroneous .....
Tag this Judgment!Court : Orissa
Reported in : (2000)IIILLJ1446Ori
..... payment and further directed that in case the aforesaid direction is not complied within seven days, proceeding as contemplated under section 31 of the act shall be initiated against the insurer. against the aforesaid order, misc. appeal no. 509/1998 has been preferred. both the appeals have been heard together and are being ..... considered to be a valid driving licence. for the aforesaid purpose, the appellant had relied upon a report of the investigating officer appointed by the insurance company itself. 8. the commissioner has rightly negatived such a contention as the report of the investigator cannot be considered to be sacrosanct. the investigation ..... owner himself had already been paid the claimrelating to the damage in respect of the vehicle by the insurance company. the insurance company in its written statement generally denied the allegations made in the claim application. 4. the commissioner on consideration of materials on record found that the claimant was a workman under present .....
Tag this Judgment!Court : Orissa
Reported in : [1988]64CompCas557(Orissa)
..... as compensation for herself and her three minor sons, who are admittedly dependants of the deceased under the workmen's. compensation act, 1923. the owner and the insurer both contested the claim.4. the tribunal found the death of sadhu charan to be due to rash and negligent driving of the vehicle. while assessing the ..... make it clear that in consideration of the payment of an additional premium, the appellant has undertaken to indemnify the insured against his legal liability under the workmen's compensation act, 1923, the fatal accidents act, 1855, or at common law in respect of driver/cleaner and four coolies employed in the vehicle.8. the ..... agreed that notwithstanding anything contained herein to the contrary the company shall indemnify the insured against his legal liability under: the workmen's compensation act, 1923, and subsequent amendments of that act prior to the date of this endorsement, the fatal accidents act, 1855, or at common law in respect of personal injury to any paid .....
Tag this Judgment!Court : Orissa
Reported in : 2004ACJ215; 93(2002)CLT801
..... cannot be permitted to put forward the defence available under section 149 of the act. he has referred to a decision of gujarat high court in united india insurance company ltd. v. maganlal hirabhai patel and ors., 1999 acj 268 in support of his submission.4. it appears that the tribunal also referred to the said judgment of the gujarat high court and ..... the said accident;(iii) there was a valid insurance policy covering the insured vehicle on the date of the accident;(iv) the driver had a valid driving licence to drive the offending vehicle; and(v) if the insurance company raises any plea of violation of material condition of the insurance policy as permissible under section 149 of the act, such plea is not ex facie acceptable .....
Tag this Judgment!Court : Orissa
Reported in : II(1992)ACC294; 1992ACJ851
..... of a third party or from death of a third party arising out of the use of a motor vehicle insured. act policy means an insurance policy which is issued by an insurer and obtained by the assured under a mandatory provision of the act. from the heading of chapter viii it is clear that it relates to the provision for ..... ) a limit of fifty thousand rupees in all, where the vehicle is registered to carry not more than thirty passengers;(2) xxx xxx xxx(3) xxx xxx xxx(4) subject to the limits aforesaid, ten thousand rupees for each individual passenger, where the vehicle is a motor cab and five thousand rupees for each individual passenger, in ..... , the tribunal was not justified in fastening part of the liability on it.4. though several contentions were raised before the learned single judge, we are concerned with the question as a sequel to the reference made whether the insurer was bound to indemnify the insured, as according to the latter the injured persons were covered within the expression .....
Tag this Judgment!Court : Orissa
Reported in : I(2002)ACC461; II(2002)ACC282; 2002ACJ461; 91(2001)CLT630
..... 3. in order to appreciate the submissions of the learned counsel for the parties, the relevant provisions of the statute may be considered, section 170 of the act reads thus :'170. impleading insurer in certain cases - where inthe course of any inquiry, the claims tribunal is satisfiedthat- (a) there is collusion between the person making theclaim and the ..... the claim on all or any of the grounds that are available to the person against whom the claim has been made. 4. on a reading of the aforesaid provision. it is clear that insurer when impleaded as a party by the tribunal can be permitted to contest the proceeding on merits only if the conditions precedent are ..... is squarelycovered by the latest decision of the apex court in shankarayya'scase (supra) and it is to be held that the present appeal at theinstance of the insurer is not maintainable in absence of theorder of the tribunal as contemplated under section 170 of theact. thus, this appeal having been held to be not maintainableat the .....
Tag this Judgment!Court : Orissa
Reported in : 1993ACJ1095; (1999)IIILLJ363Ori
..... co. ltd. v. m. jayarama naik, (1984-i-llj-171) (ker), considering the provisions of section 30 of the act and section 96 of the motor vehicles act, 1939, held that what the insured cannot do by himself, viz., filing of an appeal without complying with the requirements of the third proviso to section 30 of the ..... iv of the act he determined the amount at rs. 96,211.50. considering the plea of the owner of the vehicle who is primarily liable to pay the compensation for indemnification by the insurance company, the commissioner held that the vehicle in question had valid insurance coverage with the appellant company covering the risk of the insured workman ..... 4. two witnesses including the applicant himself were examined in support of his case. the owner examined himself as a witness. no evidence was produced by the insurance company. 5. the commissioner on assessing the evidence on record under different issues framed by him held that the applicant is a workman within the meaning of the act; .....
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