Court : Andhra Pradesh
Reported in : II(2000)ACC85; 2001ACJ542; 1999(6)ALD256; 1999(5)ALT337
..... expeditiously as possible. the benefit of the provisions of the chapter would also be available in cases where compensation is claimed in respect of a motor accident under any other law, as for example the workmen's compensation act, 1923. it may also be mentioned that the owner of a vehicle will have to insure himself ..... taken over general insurance business of all kinds, including motor vehicles' insurance, it should be easy to give statutory recognition to the state's obligation to compensate victims of road accidents promptly, adequately and without contest.' pursuant to these repeated pronouncements of the apex court, the parliament ultimately passed the motor vehicles ..... in the judgment the bench held that non-inclusion of 'no fault liability' insection 95 of the act does not mean that the insurance company can raise the plea that it is not liable for the compensation payable under section 92-a especially when there is a composite policy or comprehensive policy. since the intention .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(5)ALT824
..... , or bodily injury to, any such employee,-(a) engaged in driving the vehicle, or(b) if it is a public service engaged as a conductor of the vehicle or ..... out of and in the course of his employment, of the employee 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 ..... party insurance policy given by the appellant and that the motor accident claims tribunal constituted under section 165 of the motor vehicles act, 1988 (the act, for brevity) has no jurisdiction to entertain a petition for award of compensation. in opposing the appeal, respondents 1 and 2 (claimants before the tribunal) would urge that muralikrishna naidu though owner of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : III(2005)ACC792; 2005(4)ALD186; 2005(4)ALT41
..... he had nothing to do with the deceased employee janapati venkataramana without any liability to pay the compensation under workmen's compensation act. defendants 1 and 2 who are the employees under 3rd defendant had been persuading the matter with the commissioner for workmen's compensation, kurnool region and had been trying to implicate ..... the plaintiff for payment of compensation without any actual and legal basis. on 28-2-1987 the commissioner for workmen's compensation ..... 441m, dated 26-5-1986 to submit his report with regard to the particulars of employment of deceased required to pay the compensation under workmen's compensation act and to enable the department to finalise the case. no reply was given by the plaintiff. the deputy commissioner of labour, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : IV(2006)ACC715; 2007ACJ291; 2006(4)ALD398; [2006(110)FLR781]; 2007(2)SLJ352(NULL)
..... 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 examining tickets on ..... death, arising out of and in the course of his employment, of the employee 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 bodily ..... l. narasimha reddy, j.1. this appeal arises under section 30 of the workmen's compensation act (for short 'the w.c. act'). the 1st respondent was employed as a driver with the 2nd respondent to work on a vehicle bearing no. ap-02-u-5269. the vehicle is insured with the appellant. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (2008)11VST476(AP)
..... it is unnecessary to burden this order with various pronouncements of the apex court whereunder the similar provisions under various enactments such as the workmen's compensation act, 1923 and the payment of wages act, 1936 requiring the pre-deposit as a condition precedent for entertaining the appeal have been upheld.5. in anant mills co. ltd. v ..... v. municipal corporation of delhi : air1992sc2279 , the supreme court upheld the condition of deposit of tax amount under section 170b of the delhi municipal corporation act, 1957 which is a condition precedent for hearing or determining of the appeal where the appellate authority has no discretion to grant any stay of the disputed ..... a.p. [2000] 117 stc 378 : [1999] 29 6 apstj 244 a full bench of this court having exhaustively referred to the scheme of the act relating to appeals, revisions and stay applications in relation thereto and certain well-settled principles relevant to the passing of interim order emerging from various pronouncements of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(5)ALT698
..... to the conclusion that the deceased kanakaiah was in the employment of ap transco. having regard to age and his income, he arrived at payable compensation as per workmen's compensation act, 1923 (the act, for brevity) at rs. 2,13,570/- and also awarded rs. 430/- towards costs making it a total of rs. 2,14,000 ..... met with an accident in the course of employment. dependents of kanakaiah claimed rs. 2,00,000/- as compensation. after receiving notices, employer denied employee- employer relationship and alleged that fourth respondent entered into contract with m/s. venkateswar travels and made payments to travel agency and not to deceased. the appellant/insurer filed separate counter ..... died in the course of employment as driver with fourth respondent herein. the two grounds urged in support of the appeal are that kanakaiah was not an employee of fourth respondent and that the commissioner cannot award more than the amount claimed by dependents of workman. 2. claimants filed w.c.case before the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : I(2001)ACC353; 2001ACJ1212; 2000(2)ALD402
..... limited v. ibrahim mahommed issak, : (1970)illj16sc , wherein this court has construed (he expression 'arising out of employment' appearing in section 3 of the workmen's compensation act, 1923 and has laid down that there must be a casual relationship between the accident and the employment. shri sanghi has urged that similarly there must be a casual ..... a third party so arising, or both.'7. by going through the section it becomes clear that the tribunal has the jurisdiction to try claims for compensation in respect of accidents involving death or bodily injury to persons arising out of the use of motor vehicles. going by the judgement of the subordinate court the ..... (hereafter in this chapter referred to as claims tribunal) for such area as may be specified in the notification for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of or bodily injury to, persons arising out of the use of motor vehicles, or damages to any property of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(6)ALT784
..... (2) an.w.r. 316 (mp.) : air 2007 m.p 237, after extracting the definition of 'wages' under payment of wages act, 1936, minimum wages act, 1948, industrial disputes act, 1947 and workmen's compensation act, 1923, observed that:it is amply clear that the 'wages' means all remunerations whether by way of salary, allowance or otherwise expressed in ..... case where the deceased was a central or state government employee, there may not be any problem to determine the compensation since basing on the last drawn salary of such employee and income tax deductions, if any, the just compensation can be determined. similarly in case of employees or workers of public sector undertakings or private firms ..... the junior assistants are also getting rs. 12,000/- to rs. 15,000/- per month. therefore, considering the normal scales being earned by the government employees and also the minimum wage scales fixed to the technical persons, we are of the view that the minimum salary of a technical person, who is holding .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : III(2005)ACC760; 2007ACJ1343
..... , j.1. heard both sides.2. this is an appeal arising under the workmen's compensation act, 1923 (for brevity 'the w.c. act').3. this civil miscellaneous appeal is directed against the award dated 28.9.2004, passed by the commissioner for workmen's compensation and assistant commissioner of labour-i at hyderabad (for brevity 'the tribunal'), partly allowing the ..... the narration of the method and the manner in which the deceased died are not very much relevant for the purpose of deciding this appeal. the deceased was an employee under the transferee owner. the vehicle, which was being driven by the deceased, was originally owned by one d. raghuveera rao (hereinafter referred to as 'the ..... two grounds urged before this court and since the other aspects, i.e., the relationship between the deceased and the transferee owner, respondent no. 5, as employee and employer and the factum of the death of the deceased arising out of and during the course of his employment were not urged, i do not find .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008ACJ2550; 2007(6)ALT516
..... view of the matrix in that case the apex court was of the view that section 53 takes away the right of employee insured under the act to claim compensation under the workmen's compensation act. the said judgment is distinguishable on facts. in the latter judgment too it is obvious from the matrix of that case that the deceased died while inspecting the oil tanker ..... not entitled to receive or recover from the employer or from any other person any compensation or damages under the workmen's compensation act, 1923 or any other law for the time being in force, in respect of an employment injury sustained by the injured person as an employee under the act. it is obvious, therefore, in respect of an employment injury sustained by the insured .....
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