Court : Allahabad
Reported in : 2001(2)AWC1192; [2001(89)FLR679]
..... approached this court under article 226 of the constitution of india.2. the main thrust of challenge to the impugned order is as follows :(i) the workmen compensation commissioner under the provisions of the workmen's compensation act, 1923, was having no power to set aside the ex parte order. (ii) the only remedy available to the petitioner was to file an appeal under ..... . would necessarily mean providing opportunity to the employer for the purpose along with the employee. theapplication under the prescribed form under section 22 of the act is to be moved claiming compensation and the commissioner appointed by the state government shall consider the application and award compensation or reject the same, as the case may be. under section 23, the powers of the commissioner .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All362; [1960(1)FLR44]
..... the scheme of the workmen's compensation act, employed by the general manager, oudh tirhut railway or by the oudh tirhut railway through its general manager. we must, we think, construe this act in such a way that its purpose will be fulfilled. the act relates to the question of compensation between employers and employees. most of the persons ..... the workmen's compensation act and the definition of employer as given in section 2(1)(e) of the act, in all the circumstances it could be said that the employer in this case was the oudh and tirhut railway through its general manager, there is no written contract between the governor general and the late employee produced in ..... employer of ramlal singh deceased. 4. this first appeal from order has been filed by the claimants before this court under section 30 of the workmen's compensation act. it is contended that the claim was properly preferred against the oudh tirhut railway through its general manager and that the oudh tirhut railway through its .....
Tag this Judgment!Court : Allahabad
Reported in : I(2004)ACC388; [2003(97)FLR854]; (2003)IILLJ1022All; (2003)2UPLBEC1145
..... infirmity which may justify an interference by this court in the present proceeding under section 30 of the workmen's compensation act.5. no question of law much less a substantial question of law arises in the appeal for consideration of this court. learned counsel for the appellant ..... it may be noticed that the commissioner has awarded 12% per annum simple 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 of simple interest at the ..... 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 by the workmen's compensation commissioner cannot be taken to be vitiated in law on account of any such legal .....
Tag this Judgment!Court : Allahabad
Reported in : I(1994)ACC418; 1994ACJ720; AIR1994All239
..... the question that arises for determination is as to what amount of compensation should be allowed to the appellant.10. the petitioner km. savitri roy was an unmarried sister of the deceased r.n. roy. section 2(d) of the workmen's compensation act, 1923 as amended by act 8 of 1959 includes an unmarried sister as dependant and the explanation ..... receiving injury or otherwise can claim compensation. in the result, the claim petition filed by the respondents was held to be maintainable and correctly allowed. from the ratio of the said ruling, it is evident that the word 'person' according to s. 82-a(1) read with s. 82-h includes employee of the railways also and he ..... on the ground that the word 'passenger' used under section 82-a of the indian railways act does not necessarily mean the passenger travelling with a ticket. the said word has got a very comprehensive meaning and includes railway employee who has lost his life in collision of trains including the train in whichhe was employed and .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(2)AWC1194
..... the claimants/respondents were legal representatives of the deceased and were entitled to claim compensation. a person as worker may claim compensation under the workmen's compensation act and may also claim compensation under the motor vehicles act. however. the compensation paid under workmen's compensation act was not paid to the claimants/respondents in full and final satisfaction of the ..... disbalanced andturned, as a result of which rajendrakumar came under the stones anddied on the spot. it was furthercontended that the deceased was nota regular employee of the appellantand he was a daily wages worker. hewas getting rs. 9.20 false per day ashis daily wage. theclaimants/respondents were notdependents on ..... the date of accident, to the claimants-respondents.2. the deceased rajendra kumar aged about 21 years. s/o oppositeparty nos. 1 and 2 and brother of opposite party no. 3 was an employee of appellant state bridge corporation. on 2.6.1982. the said rajendra kumar was going to the site .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(3)AWC2000; (1999)ILLJ1350All
..... that case, one bus driver of the appellant-corporation after finishing the day's work left for home in a bus belonging to employer's undertaking which met with an accident as a result of which he died. his widow claimed compensation under the workmen's compensation act and the question was whether the accident had arisen out of and in ..... of buses forming the service would be 'premises'. this decision does not apply to the facts of the present case on all fours as in that case, employee of the transport undertaking was travelling in a vehicle provided by the employer and having regard to the purpose for which he was travelling and also having regard ..... present appeal. the submission, laudable as it appears to be, cannot be sustained for one simple reason that the amount of compensation under the act can be granted to the legal heirs of an employee/workman only on certain specific conditions. if these conditions have not been established, the employer cannot be saddled with the liability to .....
Tag this Judgment!Court : Allahabad
Reported in : 2004ACJ614; 2002(4)AWC3243; [2002(95)FLR50]; (2003)ILLJ124All
..... and in the course of his employment and the employment of a person injured by the policy or in respect of bodily injury sustained by such an employee arising out under the workmen's compensation act, 1923, out of and in the course of his employment otherthan the liability arising in respect of death of or bodily injury to any such ..... employee.50. it means that policy is required in respect of a death or bodily injury to such employee to cover the liability arising out of and in the ..... steps into the shoes of the employer and has to discharge liability cast on the insured.8. the composite reading of the provisions of the workmen's compensation act and the motor vehicles act makes it clear that in all the motor accident cases it is the statutory duty of the insurance company to satisfy the award as the judgment debtor .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All586
..... he was working at the machine on 1-1-1953. it was, however, disputed that the applicant was an employee of the appellant as also his being a workman within the meaning of the workmen's compensation act. the applicant had alleged that the accident took place in the presence of the appellant obviously intending thereby to ..... this injury in the hospital but the fingers were finally lost.on 30-1-1953 avadh bihari lal moved the labour commiasioner for awarding the compensation under the workmen's compensation act, 1923, for the aforesaid injury. this application was later sent by the labour commissioner to the district magistrate, sitapur, on .17-2-1953 for ..... appeal was that the respondent was not a workman within the meaning of that expression under the workmen's compensation act, 1923. another ground taken was that the claim of the respondent was barred under section 22 of the workmen's compensation act. the former, however, was not pressed by the learned counsel and in the case of the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1985All124
..... person or from any other person, any compensation or damages under the workmen's compensation act, 1923 (8 of 1923) or any other law for the time being in force or otherwise, in respect of an employment injury sustained by the insured person as an employee under this act.11. chapter v of the above act pertains to benefits for all employees. apart from sickness benefit, maternity benefit ..... , disablement benefit and also in respect of accidents happening while acting in .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(4)AWC2961
..... company ltd. v. koshimsab and ors., 1993 acj 946, the division bench of karnataka high court has held that the third proviso to section 30 of workmen's compensation act is applicable to the insurance company and the appeal filed by the insurance company without the certificate, as contemplated under the third proviso was not maintainable. the division ..... muzaffarnagar in w.c.a. no. 38 of 2000, chandan v. ganga kissan sahkari chini mills ltd., muzaffarnagar. 2. by the aforesaid order, commissioner, workmen's compensation act, 1923, awarded compensation to the extent of rs. 32,128. it has been observed that a sum of rs. 3,000 had already been paid by the insurance company and balance ..... the kerala high court shows that the bench had also stated that if appeal preferred even by the insurer succeeds, the same will jeopardise the employee's right to recover compensation from the employer also. really, what the insurer seeks in the appeal is that the insured may not be found to be liable to pay the .....
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