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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P.ROUTRAY
Divisional Manager, Oriental Insurance Co. Ltd. – Appellant
Versus
Sk. Ayub Hossain – Respondent
| Table of Content |
|---|
| 1. circumstances of the vehicular accident (Para 3 , 4 , 5) |
| 2. apportionment of negligence in composite negligence cases (Para 6 , 7 , 10) |
| 3. supreme court's stance on joint tort-feasors (Para 9) |
| 4. determination and enhancement of compensation (Para 11 , 12 , 13 , 14 , 15) |
| 5. final orders regarding compensation payments (Para 16 , 17 , 18) |
JUDGMENT :
B.P. ROUTRAY, J.
1. Heard Mr. G.P. Dutta, learned counsel for the Appellant-insurer (Oriental Insurance Co. Ltd.) Mr. S. Roy, learned counsel for the Respondent-insurer (New India Assurance Co. Ltd.) and Mr. B. B. Singh, learned counsel for the Respondents-claimants.
2. Both the appeals arising out of two claim applications pertaining to same accident, where one person died and other one was injured, are heard together and disposed of by this common judgment.
3. MACA No.248 of 2018 has been filed by the insurer-Oriental Insurance Co. Ltd. against the judgment dated 23.8.2017 of learned 6th M.A.C.T., Karanjia in M.A.C. No.125 of 2012, wherein compensation to the tune of Rs.3,25,000/- has been granted along with simple interest @7% per annum to the claimants from the date of filing of the claim application, i.e.1.11.2012 on accou
Insurers are liable for full compensation in cases of composite negligence where the extent of fault cannot be distinctly apportioned between joint tort-feasors.
The main legal point established in the judgment is the distinction between contributory negligence and composite negligence in motor accident claims, emphasizing the right of legal representatives t....
Point of law: The term negligence means failure to exercise care towards others which a reasonable and prudent person would in a circumstance or taking action which such a reasonable person would not....
Section 140 of M.V. Act is read as liability to pay compensation in certain cases on principle of no fault.
Point of law: When two vehicles are involved in an accident, and one of the drivers claims compensation from the other driver alleging negligence, and the other driver denies negligence or claims tha....
The court clarified the distinction between composite and contributory negligence, enhancing compensation for the claimants based on erroneous Tribunal findings.
Point of Law : Negligence - Negligence means failure to exercise required degree of care and caution expected of a prudent driver. Negligence is the omission to do something which a reasonable man, g....
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