Court : Andhra Pradesh
Reported in : I(2007)ACC361; 2006ACJ2287; 2006(4)ALD530
..... 100a, an appeal is not maintainable against the judgment rendered by the single bench even in matters arising out of special enactments like motor vehicles act, workmen's compensation act etc., and full effect should be given to the non-obstante clause contained in section 100a of the code, which bars further appeal against ..... this batch of appeals against the judgments rendered by single judges of this court, in the matters arising out of m.v. act, or the workmen's compensation act (for short 'the w.c. act'), as the case may be. the registry raised an objection, as to the maintainability, and posted the appeals before a division ..... same. suffice it to say that while sarvasri j. prabhakar, a. ramalingeswara rao, r.s. murthy, and mrs. a. anasuya, learned counsel for the appellants argued that the motor vehicles act, 1988, workmen's compensation act, 1923, land acquisition act, 1894 and other similar statutes are special enactments, which contain special procedure for adjudication of claims .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007ACJ1153; 2007(1)ALD463; 2006(6)ALT1
..... the deceased died during the course of employment and the policy taken by the insured was an 'act liability' held that the liability of the insurance company qua the employees as aforesaid would not be unlimited but would be limited to that arising under the workmen's compensation act. in the said judgment, the apex court had restricted the liability of the insurance company to ..... that arising under the workmen's compensation act and the remaining liability under the award was directed to be satisfied by .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : III(2004)ACC793; 2005ACJ530; 2004(4)ALD106; 2004(4)ALT544
..... also includes employees working in supervisory, technical or clerical work. for the principle of law laid ..... shows that the definition of workman in section 2(s) of the industrial disputes act is wider than the definition of a workman as per schedule ii of the workmen's compensation act. the provisions of workmen's compensation act exclude employees doing clerical or supervisory work. however, the definition of a workman as per section 2(s) of the industrial disputes act not only includes skilled or unskilled labour but .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002ACJ1846; AIR2002AP441; 2002(4)ALT525; 2002(3)CTC385
..... in this context, he refers to sub-section 3(a) of section 4-a of the workmen's compensation act and submits that where the employer is in default in paying the compensation due under the provisions of workmen's compensation act within one month from the date it fell due, the commissioner has power to award simple interest thereon ..... or where money has been improperly detained and not paid to the person who is entitled to it, or where an employer withholds terminal benefits of an employee even after retirement without any valid reason etc. 51. as regards interest as damages, the law is well settled. normally, interest cannot be awarded by ..... may arise in many types of cases, namely, dues of employees, amount illegally recovered, amount of tax, mortgage property, sale of immovable property, claims on life policies, maintenance, accident claims, detention of money, railway claims, mesne profits etc. in a suit for compensation for death in accident the court has discretion to grant interest .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : I(2003)ACC545; 2004ACJ958; 2002(5)ALD617
..... , j.1. this is an appeal by the insurance company aggrieved by the award passed under the workmen's compensation act, 1923 (hereinafter referred to 'the act') in w.c. no. 1270/95 n.f., dated 16th october, 1997.for the sake of convenience, the parties are referred as arrayed before the lower authority.2. as per ..... the application averments, the applicant, who is the 1st respondent in the appeal, filed the application under section 22 of the act claiming a compensation of rs. 1.20 lakhs together with interest at the rate of 24% per annum with costs and penalty for the personal injuries sustained by him during the course ..... so as to cover the claim of the cleaner and therefore, it is not liable to pay any compensation for the injuries received by the cleaner. the learned counsel referred to the provisions of the act and contended that as per the provisions of the act only the driver and the passengers of the vehicle in question are to be covered by the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1995(2)ALT320
..... in relation to such employees. it may be pertinent to point out that the persons governed by various enactments may have several remedies and fora for seeking remedies. in such a case the remedies can be termed as alternative. it may be necessary to point out that the workers/ workmen governed by the factories act, industrial disputes act, workmen's compensation act and the minimum wages ..... act have got certain remedies in regard to their service matters. broadly stated, they have a remedy for compensation for an employment injury or death under section 3 of the workmen's compensation act, 1923, for such claims like over-time and section 20 of the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003ACJ203; 2002(2)ALD811
..... employee is entitled under section 110-aa of the mv act to exercise his option regarding the forums, which he can approach to prefer his claim for compensation. the factors to be taken into consideration in deciding his claim under the two acts would be different, a tribunal would apply the principles of strict liability circumscribed by the workmen's compensation act ..... employee, for example, a cleaner in the lorry or a person employed for the purpose of loading and unloading then there would be an option for him either to claim higher compensation under section 110-a of the motor vehicles act providing actionable negligence on the part of the driver of the vehicle or to approach and get compensation under the workmen's compensation act ..... under common law of tort is subject to determination by the tribunal on the basis of well settled principles. the workmen's compensation act offers no lee way in the matter of quantification of damages, the process becomes mechanical once the pay packet of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : II(2003)ACC589; 2003(3)ALD366
..... require a process of reasoning and it is distinguishable from erroneous decision. apart from this aspect of the matter, the language of section 4-a(3)(a) of the workmen's compensation act, 1923 itself is very clear. the words read as follows. 'at such higher rate not exceeding the maximum of the lending rates of any scheduled bank.' in view of ..... the larger bench decision was not cited by him by mistake. the learned counsel also submitted that even the language of section 4-a(3)(a) of the workmen's compensation act, 1923 is very clear and hence, in any view of the matter it is definitely an error apparent on the face of the record and if the error is ..... a higher rate not exceeding the maximum of lending credits of any scheduled bank in a case arising under the motor vehicles act, 1988. in sasidhran 's case (supra) while dealing with section 4-a(3)(a) of the workmen's compensation act, 1923, a division bench of the kerala high court held that it is obligatory on the part of the commissioner .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1983]53CompCas269(AP)
..... . that section reads as follows :'110aa. notwithstanding anything contained in the workmen's compensation act, 1923, where the death of 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 claim such compensation under either of those acts but not under both.'48. the objects and reasons for that are ..... a motor-car accident is certainly a much greater and regular hazard of daily life for the average citizen than an accident in the course of work is for the employee.151. in t.m. naidu v. r. venkata reddi, : air1978ap200 , the following passages occurring at p. 233 (et seq.), are extracted which throw light upon judge-made law.' judge-made .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1962AP42
..... was buried under the wreckage. it was held in that case that the accident arose out of her employment within the meaning of the workmen's compensation act, 1906 (british act). the observations of the master of the rolls in 1909-2 kb 635 were approved. lord parmoor observed in that case at p. 146 ..... dealing with the scope of the expressions 'arising out of the employment' and 'in the course of the employment' which occur in the workmen's compensation act, 1906 (british act), which was in force in the united kingdom, the following observations of viscount haldane throw considerable light on the determination of the scope of these ..... (1) this appeal is directed against the judgement aand order of the commissioner appointed under the workmen's compensation act, awarding compensation to the 1st compensation act, awarding compensation to the 1st respondent under the said act, on account of the death of her husband lakshiminarayana, hereinafter referred to as the deceased. (2) the deceased was in .....
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