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United India Insurance Company and ors. Vs. Tamuly L.N. and ors.

Court : Guwahati

Subject : Labour and Industrial

Acts : Workmen's Compensation Act, 1923 - Sections 3 and 4A

Sections 92-A and 95 of the Motor Vehicles Act, 1939 in relation to the liability under the Workmen's Compensation Act, 1923. Section 92-A of the Motor Vehicles Act, 1939 deals with no fault liability and is not relevant to the … against the order dated June 19, 1989 of the Commissioner, Workmen's Compensation, Kamrup awarding interest and penalty under Section 4A of the said Act. 2. The brief facts are that on July 24, 1986 a Truck bearing No. … A.K. Patnaik, J. 1. This is an appeal under Section 30(1)(aa) of the Workmen's Compensation Act, 1923 filed by M/s United India Insurance

Bulbul Mondal @ Bhola Mondal Vs. National Insurance Co. Ltd. and anr.

Court : Kolkata

Subject : Motor VehiclesInsurance

Acts : Motor Vehicles Act, 1988 - Sections 147, 147(1), 163A, 166 and 171; ;Workmen's Compensation Act, 1923 - Section 4A and 4A(3); ;Code of Civil Procedure (CPC) - Section 34; ;Constitution of India - Article 141

Workmen's Compensation Act would devolve upon the Insurance Company.4. Therefore, we should apply the principle of the Workmen's Compensation Act, 1923, as it stood at the relevant point of time of accident, in assessing the amount of compensation. Since … Act having fallen upon his client, the interest should be paid in accordance with the provision contained in Section 4A-(3) of the Workmen's Compensation Act, as it stood at the time of accident. In view of the importance

United India Insurance Co. Vs. Shahjad Khan and ors.

Court : Rajasthan

Subject : Labour and Industrial

Acts : Workmen's Compensation Act, 1923 - Sections 4A(3)

Reported in : 2000ACJ54; (1998)IILLJ744Raj; 1998(2)WLC205; 1998(1)WLN16

J. 1. Heard the learned counsel for the parties.This appeal has been filed under Section 30 of the Workmen s Compensation Act, 1923 against the order dated November 23, 1993 passed by the Commissioner, Workmen's Compensation Act, Sirohi in W.C. Case … these circumstances can impose a further liability on the employer under circumstances and within limits contemplated by Section 4A(3)(a) still the liability to pay interest on the principal amount under the said provision remains a part and

District Manager, Food Corporation of India Vs. Gottavilli Venkata Rat ...

Court : Andhra Pradesh

Subject : Labour and Industrial

Acts : Workmen's Compensation Act, 1923 - Sections 2 and 4A(3)

Reported in : III(2003)ACC133; 2003(2)ALD146; [2003(97)FLR206]

to the petitioner. Therefore she requested to award a sum of Rs. 83,192/- towards compensation under the Workmen's Compensation Act, 1923 ('the Act' for brevity) with interest at 12% per annum.4. The respondent resisted the claim contending that the … claimant failed to issue notice under Section 10 of the Act making the claim for compensation, that under Section 4A(3) ofthe Act the claimant is entitled to interest only @ 6% and not @ 12% per annum. The

Divisional Manager, United India Insurance Co. Ltd. Vs. Reshma Khatoon ...

Court : Allahabad

Subject : Labour and Industrial

Acts : Workmen's Compensation Act, 1923 - Sections 4A(3) and 30

Reported in : I(2004)ACC388; [2003(97)FLR854]; (2003)IILLJ1022All; (2003)2UPLBEC1145

and the materials brought on record.4. The present appeal has been filed under Section 30 of the Workmen's Compensation Act, 1923. In the present case taking into consideration the facts and circumstances as brought on record, the findings returned … interest on the amount determined as just compensation.6. It may further be noticed that the provisions of Section 4A(3) of Workmen's Compensation Act, 1923, which was brought into effect from September 15, 1995, clearly stipulate the payment

Midicharla Ramanamma and ors. Vs. V. Naga Prathap and anr.

Court : Andhra Pradesh

Subject : Labour and Industrial

Acts : Workmen's Compensation Act, 1923 - Sections 4A(3)(A)

Reported in : II(2003)ACC493; 2005ACJ397; 2003(1)ALT630; (2003)ILLJ751AP

date of realization, in addition to the penalty that may be imposed under Section 4-A(3) of the Workmen's Compensation Act 1923.'2. The appellants aggrieved of negativing the relief of interest of 12% per annum from the date of accident … till the date of realization. The learned Counsel further had drawn my attention to the language employed in Section 4A(3)(a) of the Act and had contended that in view of the words 'at such higher rate in extending

National Insurance Co. Ltd. Vs. Mubasir Ahmed and anr.

Court : Supreme Court of India

Subject : Labour and Industrial

Acts : Workmen's Compensation Act, 1923 - Sections 4, 4(1), 4A, 4A(1), 4A(2), 4A(3), 22 and 30; Workmen's Compensation (Amendment) Act, 1995

Reported in : II(2007)ACC374; 2007ACJ845; AIR2007SC1208; [2007(112)FLR1033]; JT2007(3)SC176; 2007(3)KLT26(SC); (2007)ILLJ1035SC; (2007)3MLJ49(SC); 2007(2)SCALE455; (2007)2SCC349; 2007(3)

employee of respondent No. 2. Each of them filed a claim petition under Section 22 of the Workmen's Compensation Act, 1923 (in short the 'Act') claiming compensation for alleged personal injuries sustained in course of employment. In each case … due under this Act within one month from the date it fell due. The question of liability under Section 4A was dealt with by this Court in Maghar Singh v. Jashwant Singh : (1998)9SCC134 . By Amending Act, … the Commissioner. The claimant in each case preferred an appeal under Section 30 of the Act. By the impugned judgment in each case the High

Jayantilal and Co. Vs. Garasia Rajvirba Udesinh and ors.

Court : Gujarat

Subject : Labour and Industrial

Acts : Workmen's Compensation Act, 1923 - Sections 4A(3) and 4A(B); Motor Vehicles Act, 1939

Reported in : 1992ACJ286; [1991(63)FLR709]; (1991)2GLR726; (1993)IIILLJ235Guj

No. 4 and 5 of 1978. The aforesaid two applications for compensation under the provisions of the Workmen's Compensation Act, 1923 ('Act' for short, hereinafter), came to be disposed of on 19.1.1980.2. The appellant in both the appeals, is … accident in question occurred on 26.7.1977 and claim form was sent to the Insurance Company on 11.1.1978.12. Under Section 4A(3) of the Act, where any employer is in default in paying the compensation due under the Act within

Rajan Vs. Subramonian

Court : Kerala

Subject : Labour and Industrial

Acts : Workmen's Compensation Act, 1923 - Sections 4(3) and 4A(3); Workmen's Compensation Rules - Rule 28

Reported in : II(1993)ACC312; (1993)IIILLJ890Ker

Viswanatha Iyer, J. 1. In this appeal under Section 30 of the Workmen's Compensation Act, 1923 (the Act), the appellant is the employer. An amount of Rs. 26,880/- has been awarded to the respondent-workman … of an amount, equivalent to fifty per cent, of the compensation awarded, namely, Rs. 13,440/- as penalty under Section 4A(3) of the Act. The appellant was besides directed to pay interest at 6% per annum from December 19,

Chonto (Smt.) and anr. Vs. Industrial Cables (India) Ltd. and anr.

Court : Punjab and Haryana

Subject : Labour and Industrial

Acts : Workmen's Compensation Act, 1923 - Sections 4A(3)

Reported in : (1999)IIILLJ501P& H; (1992)102PLR6

since compensation was not paid within one month, the appellant was entitled to penalty under Sub-section (3) of Section 4A of the Workmen's Compensation Act, 1923.3. On behalf of the appellant, it has been pointed out that though … premises of aluminium plant was under construction. The widow and the mother moved an application under the Workmen's Compensation Act, 1923, and the Commissioner, Workmen's Compensation, Patiala, awarded a sum of Rs. 53,760/- with interest at the rate of