Court : Andhra Pradesh
Reported in : 2009(6)ALT340
..... mind, when looked into the case, it is clear that respondents 3 to 5 approached the commissioner appointed under workmen's compensation act, but not the court constituted under employees' state insurance act. as per the above provisions of law, if the father of respondents 3 to 5 is a person insured ..... with the second respondent-employer.15. as stated supra, the very purpose of enacting the employees' state insurance act is to see that the workman/employee gets more compensation than the compensation provided for under the workmen's compensation act. but however as there is no evidence establishing the insurance coverage, in my considered view, ..... injuries and death would get more compensation than what is provided for under the workmen's compensation act. the benefits, which an employee get, under the employees' state insurance act are more substantial than the benefits which he get under the workmen's compensation act.9. when once a workman or employee is having insurance coverage, it is .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1990AP370
..... bodily injury to, any such employee- (a) engaged in driving the vehicle; or (b) if it is a public service vehicle, engaged as a conductor of the vehicle, or in ..... arising out of and in the course of his employment, of the employees of a person insured by the policy or in respect of bodily injury sustained by such an employee arising out of and in the course of his employment, (other than a liability arising under the workmen's compensation act, 1923) (8 of 1923), in respect of the death of, or ..... vehicle the or injured due to the accident are liable to be compensated by the insurance company under s.95 of the motor vehicles act. the learned single judge, after a very elaborate consideration of ss. 95 and 96 of the act held that they are covered by the act policy and the insurance company is liable and that a condition in .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : I(1999)ACC500; 1999(1)ALD341; 1999(1)ALT361
..... (b) and (c) to clause (i) under the proviso to the extent which would arise under the workmen's compensation act. an employee 'engaged in driving the vehicle' covered by clause (a) is one such category of employees. in this case, as contended by the learned counsel for appellant there is a contract of insurance which provides for unlimited ..... an unauthorised passenger in a goods vehicle or at any rate, even if he was travelling as an employee of the owner of the vehicle, whether compensation has to be worked out in accordance with the workmen's compensation act, in view of the terms of the policy.5. pw2, examined on behalf of the petitioners has ..... one driver and one cleaner for meeting the unlimited liability, whereas in the case of other employees, the coverage would be for limited liability under the workmen's compensation act, in view of the provision in section 95 of motor vehicles act 1939.6. the question that would arise for consideration under the facts and circumstances is, whether .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000ACJ918; 1999(1)ALD245; 1999(1)ALT113
..... in the course of such employment.(c) except so far as is necessary to meet the requirements of section 92a and 95 of the motor vehicles act, 1939, in relation to the liability under the workmen's compensation act, 1923, the company shall not be liable in respect of death of or bodily injury to any person (other than a passenger carried by reason ..... liability has been enhanced to rs. 1,50,000/- by virtue of the amendment in section 95(2)(a) of act 47 of 1982. holding so, it ordered that the appellant-insurance company is liable to pay the amount of compensation to the respondents nos.1 to 5.3. feeling aggrieved by the impugned award, the insurance company has preferred this appeal ..... under section ii-1(i) in respect of any accident was such amount as was necessary to meet the requirements of the motor vehicles act, 1939 and the limit of the amount of the company's liability under section ii-1(ii) in respect of any claim or series of claims arising out of one event was rs.50,000/-. radhakrishna .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(4)ALD78; 2008(4)ALT561
..... . sub-rule 3(a) plays a significant part for resolving the controversy. it reads as follows:(3)(a)(i) where a government servant, who is not governed by the workmen's compensation act, 1923 (8 of 1923), dies while in service after having rendered not less than seven years' continuous service, the rate of family pension payable to the family shall be equal .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009ACJ1765; AIR2008AP211; 2008(5)ALD272; 2008(5)ALT172
..... .12. apart from the aforesaid provisions under the chapter xiii of the act, sections 128 and 129 of the act provide that the right of any person to claim compensation under the enabling provision shall not affect to recover compensation under the workmen's compensation act, 1923 or any other laws for the time being in force and ..... powers to make such rules by the central government in respect of the matters in the said chapter respectively.13. on a bare reading of the aforesaid provisions, it is clear that a comprehensive enquiry is contemplated for determination of quantum of compensation ..... carriage and during the course of such circumstance had fallen down and was either injured or had died, was entitled to compensation from the railways under section 124a of the act or not, has held that general principles of negligence apply even in the case of deciding an untoward incident and the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007ACJ1832; 2007(1)ALD1; 2006(6)ALT504
..... is made liable on the ground that the deceased died during the course of employment, its liability is limited to the one arising under the workmen's compensation act and the rest has to be paid by the owner. in support of this contention he relied on the judgment of the apex court in national ..... explanation:- for the purpose of this sub-section, 'permanent disability' shall have the same meaning and extent as in the workmen's compensation act, 1923 (8 of 1923).(2) in any claim for compensation under sub-section (1), the claimant shall not be required to plead or establish that the death or permanent disablement in respect ..... , therefore, invoking the provisions under section 4 of the workmen's compensation act, the tribunal ought to have awarded compensation, since as per section 167 of the act, option is given to the claimant either to file claim petition under motor vehicles act or under the workmen's compensation act. relying on the judgment reported in samir chanda v. managing director .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009ACJ2333; 2008(3)ALD553
..... proviso appended thereto categorically states that compulsory coverage in respect of drivers and conductors of public service vehicle and employees carried in a goods vehicle would be limited to the liability under the workmen's compensation act. it does not speak of any passenger in a 'goods carriage'.in view of the changes in the ..... proviso makes it further clear that compulsory coverage in respect of drivers and conductors of public service vehicle and employees carried in goods vehicle would be limited to liability under the workmen's compensation act, 1923 (in short 'wc act'). there is no reference to any passenger in 'goods carriage'.the inevitable conclusion, therefore, is that provisions ..... relevant provisions in the 1988 act vis-- vis the 1939 act, we are of the opinion that the meaning of the words 'any .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(2)ALD53; 2002(2)ALT763
..... or which do not contain any bar of waiver. for instance, section 17 of the workmen's compensation act, 1923 and section 25 of the minimum wages act, 1948 prohibit contracting out, i.e., any agreement whereby the rights conferred under these acts are waived, are deemed to be null and void. there is no such prohibition of ..... contracting out under the act. the petitioner, having voluntarily surrendered his land, has waived his right to seek compensation under section 33 of the act.31. reliance placed by the learned counsel upon the judgment of the apex court in pt. chet ram ..... under consideration before the government and even before the final draft notification was issued, the petitioner constructed the building in violation of the provisions of the act. the learned government pleader further contended that the petitioner-society itself having given an undertaking that they would surrender the land to the government free of cost .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002ACJ1328; 2001(3)ALD177; 2001(3)ALT251; [2001(89)FLR959]
..... court in depot manager, apsrtc v. abdul sattar, : (1995)iillj318ap . lastly it is contended that the motor vehicles act, 1988 (hereinafter called 'the m.v. act') and the workmen's compensation act (hereinafter called 'the w.c. act'), are independent enactment's, and therefore, the insurance company is entitled to raise all the grounds as are available, apart from the defences under ..... (at p. 104 of 1992 (65) flr 97): '.....hence, when the insurer in a proceeding under the wc act cannot defend an action for fixation of the liability of an employer for payment of compensation to his employee for his death or bodily injury on grounds other than those permitted by statute under sub-section (2) of section 149 ..... case. on point no.2, the tribunal held that the accident took place on 25-1-1990, that on the date of accident, the workman was an employee of the second respondent/owner of the vehicle, and that on the date of accident, the workman was getting a monthly salary of rs.1,000/-. but on .....
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