Court : Andhra Pradesh
Reported in : I(2005)ACC752; IV(2005)ACC207; 2006ACJ1086; 2004(4)ALD599; 2004(4)ALT277; [2004(102)FLR1082]
..... 4. wife, children and father and mother of the deceased kotaiah laid the claim in w.c.no.5 of 2001, claiming a compensation of rs.6,00,000/-, under the workmen's compensation act, before the commissioner for workmen's compensation and assistant commissioner of labour-ii, guntur against -- (1) principal, divisional training school, south central railway, rajahmundry; (2) medical ..... 12-00 mid night of that day, and after a short while the deceased died. from the above, it could be seen that the deceased was the employee of the railways at bellamkonda of vijayawada division of south central railway; and that he was deputed to undergo training at another place, viz., rajahmundry. training is ..... was being imparted shall not necessarily be treated as a place of work, the reason being the workman was directed to participate in such training as an employee of the employer. it is not as though the workman volunteered to participate in a training camp at a different place than the place of his regular .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008ACJ2797; 2007(5)ALD824; [2007(115)FLR1015]
..... or injuries of an individual suffered in a railway accident either before the railway claims tribunal or before the authority under the workmen's compensation act. in this case, admittedly, the deceased was an employee of the petitioners herein and he died while in service (while travelling in a train) in a train accident. respondents 3 ..... held at para-18:..it is also not necessary for us to express, any opinion, on the question whether compensation under the workmen's compensation act could have been claimed, if hussainsab had not been a railway employee. i should also add that in support of the argument that the deceased hussainsab filled two roles, one as ..... have no basis whatsoever. respondent no. 1 proceeded on the footing that the deceased was not an employee of the railways and therefore, respondents 3 and 4 herein can maintain a claim petition under the workmen's compensation act as well as before the railway claims tribunal. thus, the claim petition filed before it, is maintainable .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : I(2004)ACC685; 2004(1)ALD372; 2004(1)ALT476; [2004(101)FLR77]; (2004)ILLJ973AP
..... deceased/injured, who were working as the village electricity workers are 'workmen' within the meaning of the workmen's compensation act, 1923 (for short 'the act') and whether there is any relationship of 'employer' and 'employee' between the a.p. electricity board/appellant and the deceased/injured in the absence of administrative/supervisory control of ..... the appellant and the employees do attend to the duties and functions on its behalf. therefore, the appellant cannot be exonerated from any such liability. before considering the question, the provisions which are relevant for the purpose are the definition clause contained in sections 2(e) of the workmen's compensation act, 1923, which defined ..... electrical poll on 12.4.1992 suffered electric shock, fell down from the poll and died in the government hospital. hence the claim for compensation under the workmen's compensation act by the wife smt. siripurapu vijaya.3. in the second case i.e., cma no. 67 of 1996 the deceased madhava rao, the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(5)ALD166; [2007(115)FLR125]
..... above there is no dispute in regard to the chequered events leading to the present claim before the authority constituted under the provisions of the workmen's compensation act. there is also no serious dispute in regard to the disability which the individual claimants have suffered in all these cases. therefore, the only aspect ..... before one proceeds for considering the aforesaid question, it is relevant to take note of the provisions of the employees state insurance act, 1948 (for brevity 'the esi act').9. section 2(15-a) of the esi act defines the 'permanent partial disablement' which reads as follows:permanent partial disablement means such disablement of a permanent nature, ..... from the above, under either of the aforesaid definitions, the disablement is the one to such an extent which reduces the earning capacity of an employee in every employment which he was capable of undertaking at the time of accident and the proviso therein again contemplates that every injury specified in part .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(1)ALD111
..... take a separate policy to cover his liability in case of death or bodily injury of his employee arising out of his employment under workmen's compensation act for the class of employees referred to under the workmen's compensation act. the employees for whom no policy is required to be taken are specified in the proviso to section 147( ..... other vehicle received the injuries, since the employer is under an obligation to pay compensation to his employee under workmen's compensation act apart from other question whether the tribunal under m.v. act is empowered to entertain a claim under workmen's compensation act also in view of the conflicting decisions on the issue. after giving my considered ..... of and in the course of any employment of the person insured unless first, the liability of the insured arises under the workmen's compensation act, 1923 and second, if the employee is engaged in driving the vehicle and if it is a public service vehicle, is engaged as conductor of the vehicle or .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : II(1998)ACC54; 1999ACJ1383; 1998(1)ALD229; 1998(2)ALT246
..... is entitled to claim compensation under the workmen's compensation act. the insurer has statutory duty to cover the liability of the owner of the vehicle to pay such compensation. section 110aa of the m.v.act gives an option to the injured employee to raise his claim either under the motor vehicles or the workmen's compensation act. if he had filed ..... the claim under the latter statute, he could not have been denied compensation for the reason that he was himself ..... kerala 192 the learned single judge held that from a reading of the provisions of the m.v. act it was clear that there was no prohibition for applying the principles under the workmen's compensation act, 1923 ('the w.c.act' for short) if such benefit could be given in the case of a particular workman under the w .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : I(2004)ACC628; 2005ACJ1567; 2003(6)ALD738
..... for want of proof in respect of negligence of the driver causing the accident as alleged, section 110-aa of the motor vehicles act, 1939, can never be applied so as to bar the claim for compensation under workmen's compensation act, 1923. in the fourth cited decision the high court of kerala at ernakulam held that a driver who on account of his own ..... . it is necessary to look into the provisions of section 167 of m.v. act 'notwithstanding anything contained in the workmen's compensation act, 1923, where the death or bodily injury to any person gives rise to a claim for compensation under this act and also under the workmen's compensation act, 1923, the person entitled to compensation may, without prejudice to the provisions of chapter vii-a, claim such .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : I(1989)ACC314; [1990]68CompCas510(AP)
..... contended that the proviso to section 95(1)(b) of the motor vehicles act expressly excludes the liability of the insurer in respect of death of, or bodily injury to, the employee-insured except the liability, if any, arising out of the workmen's compensation act. since the legal representatives have been awarded compensation of rs. 18,000 in w.c. 14 of 1982, it is ..... not open to them to claim compensation once again under section 110a of the motor vehicles act.3. the second respondent filed a counter adopting .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : I(2006)ACC474; 2005ACJ2020; 2004(2)ALD405; 2004(2)ALT521; [2004(101)FLR493]
..... in his award.the commissioner has no jurisdiction to pass an award or order against the insurer in an application under the provisions of the workmen's compensation act for awarding compensation to the claimant. the insurer is not a necessary party to an application by the claimant. the claimant can certainly obtain an award or order ..... trust, madras v. bombay company (supra), it was held by the madras high court :'no procedure is prescribed under the rules framed under the workmen's compensation act, 1923 for determination of any indemnity that may be claimed under section 13. no provision is made for notice to a stranger against whom the indemnity could ..... 09,665-03 ps., towards damages to the bus. apart from damages to the bus, the plaintiff paid compensation to his both deceased drivers under the workmen's compensation act and ex-gratia payments drivers under the workmen's compensation act and ex-gratia payments to the injured passengers in the bus which amounted to rs. 49,200/- as shown .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997ACJ529; 1995(1)ALT499; (1995)IILLJ436AP
..... , 1987 acj 278 (m. p.) that a full bench of the madhya pradesh high court considered the following two questions :- '(1) whether in a proceeding for compensation under workmen's compensation act for the personal injury or death of an employee occurring by a motor accident, the commissioner has jurisdiction to make the award against the insurance company and (2) whether the insurer of employer ..... person entitled to get the benefit of the adjudication. we are clearly of the view that under the workmen's compensation act in proceedings under section 22 thereof the commissioner is empowered to enforce the liability of the employer to pay the compensation to the employee by directing the insurer to discharge the liability in terms of the policy which covers the liability. the commissioner .....
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