Court : Gujarat
Reported in : AIR1968Guj118; [1968(16)FLR54]; (1967)GLR1012
..... decided in these cases is that the mere fact that a deceased workman carried a disease with him would not disentitle his representatives from preferring a claim for compensation under the workmen's compensation act. in the case of appeal no. 409n of 1955 = 1956-2 lab lj 151 (bom) referred to above, the deceased workman was suffering from a ..... a first appeal preferred in this court against the order of the commissioner for workmen's compensation application no. 87 of 1958 which arose on the following facts. the applicant in that mater was the widow of one chandulal hemchand who was an employee of the new rajpur mills company limited, ahmedabad, the present respondent and who died ..... , whether that employment in any way accelerated his death. it was observed that it was not necessary in law that at the time of the death the employee must actually be doing work which caused strain. it was further held that if it was established that by regularly doing the work which the workman was called .....
Tag this Judgment!Court : Gujarat
Reported in : 1992ACJ740; (1992)1GLR7; (1993)IIILLJ240Guj
..... . by this appeal, under section 30 of the workmen's compensation act, 1923 ('act' for short, hereinafter), the appellants, who are heirs of the deceased victim of an employment injuries, have challenged the judgment and award passed by the learned commissioner for workmen's compensation ('commissioner' for short, hereinafter), at nadiad, on 5-5-1981, in workmen's compensation case no. 25 of 1978. in order to appreciate ..... be used for compensation. an application for compensation under the act can be filed against a managing person. 'managing agent' means any person appointed or acting as the representative of another for the purpose of carrying on such other person's trade or business. opponent, rajanikant j. shah, is one of the partners of the partnership firm. he is not a subordinate employee. this aspect was .....
Tag this Judgment!Court : Gujarat
Reported in : 2008ACJ186; (2007)2GLR1328
..... disability is 100% of the whole body, it is unfortunate that the tribunal has completely overlooked the note below the schedule-i under the workmen's compensation act, 1923, which clearly indicates that complete and permanent loss of the use of any limb or member referred to in the schedule shall be deemed ..... to result in permanent total disablement/permanent partial disablement and percentage of loss of earning capacity shall be as per schedule i under workmen's compensation act, 1923.6. schedule-i under the workmen compensation act, 1923 reads as under:schedule-1 [see sections 2(1) and (4)(part-1list of injuries deemed to result in permanenttotal disablement ..... on the ground that under section 163a of the act the tribunal can award compensation only if the injury suffered by the claimant is enumerated in schedule-a under workmen's compensation act, 1923. the tribunal accordingly dismissed the claim petition under section 163a of the act after indicating to the claimant that it was open .....
Tag this Judgment!Court : Gujarat
Reported in : 2001ACJ1268; [2000(84)FLR473]; (1999)3GLR2172
..... (main), rajkot to the divisional manager of the petitioner-company calling upon the company to pay compensation under the workmen's compensation act, 1923 (hereinafter referred to as the said act or the workmen's compensation act) with interest and penalty to the heirs of deceased-kishorbhai popatbhai who was the driver of the ..... , the insurance company was liable to pay interest and penalty. hence, if the insurance company did not deposit the amount of compensation under the workmen's compensation act before the tribunal within one month, the tribunal would take appropriate action against the officer responsible for disobedience and that the order ..... the district judges and other judicial officers in the district court would prefer to be vested with such jurisdiction under the workmen's compensation act in respect of applications for compensation arising from accidents involving motor vehicles rather than writing communications - such as are impugned in the present petition - or rather .....
Tag this Judgment!Court : Gujarat
Reported in : 1992ACJ697; (1992)1GLR387; (1993)IIILLJ793Guj
..... section 30 of the workmen's compensation act, 1923 ('act' for short, hereinafter) is directed against the judgment and award passed by the learned commissioner for workmen compensation at jamnagar in workmen's compensation application no. 49 of 1981. 2. the appellant in this appeal is the original applicant, who preferred the application for compensation of rs. 8,100/- ..... opponent no. 1 is, totally erroneous and perverse. according to his contention, the learned commissioner ought to have held that there was relationship of employer and employee between the applicant and original opponent no. 1. thus, he has seriously challenged the impugned judgment and award. 10. learned advocate mr. suresh m. ..... driving the auto-rickshaw of original opponent no. 1 at the time of accident as his employee. therefore, he claimed compensation as a 'workman' of original opponent no. 1 under the provisions of section 3 of the act. it would be pertinent, at this stage, to refer to the provisions of section 3 .....
Tag this Judgment!Court : Gujarat
Reported in : 1991ACJ761; [1991(63)FLR200]; (1991)1GLR299; (1993)IIILLJ606Guj
..... no. 18 of 1979. thus, the appellant has invoked the aids of the provisions of sec. 30 of the workmen's compensation act, 1923 ('act' for short, hereinafter).2. the facts leading to the rise of the present appeal may be, shortly, stated at this juncture so as to appreciate the merits of ..... challenging the legality and validity of the impugned judgment and order.9. learned counsel mr. m. b. farooqui for the appellant has contended that the injured claimant was not an employee of the appellant/original opponent no. 1 -company. this contention was opposed by the learned advocate mr. popat for respondent no. 1 - original claimant.10. in order to ..... accident, arising out of or in the course of employment, obviously the employer is liable to pay compensation to the workman under the provisions of section 3 of the act. there must be an employer and employee relationship between the person against whom the compensation is claimed and the workman. but in many cases, persons who want to get the work .....
Tag this Judgment!Court : Gujarat
Reported in : (1997)3GLR2171; (1998)IIILLJ219Guj
..... to be taken note of by all the concerned interested in delivering the cheap and speedy justice to the needy working class. be it a case under workmen's compensation act, or for that purpose, any maintenance proceedings, or in short any other cases involving injustice to the poor, dalit, women, old, infirm, children, downtrodden ..... pending workmen cases from 12 districts only, is quite alarming and sadly reflects upon the fact as to what extent such cases under the workmen's compensation act are just hopelessly and miserably stranded in the midst of proceedings gathering dust and neglected from being attended immediately which is otherwise so required to be ..... thousands of such other cases under other laws wherein party clamouring for speedy justice are just denied that right!! before any special act for that purpose, in the instant case, the workmen's compensation act, 1923 came into the picture, for every civil wrong, the citizen had even otherwise ordinary remedy available in the civil court .....
Tag this Judgment!Court : Gujarat
Reported in : [1985]58CompCas297(Guj); (1982)2GLR458
..... respect of the death of, or bodily injury to, any employee of the insured arising out of and in the course of his employment, if such employee was carried in the goods vehicle, only to the extent of the liability arising under the workmen's compensation act, 1923, the insurance company in the present case had offered ..... favour of the claimant, (2) even if the insurance company is found liable to satisfy the award, the liability will extend only to cover the compensation under the workmen's compensation act since that only was the statutory liability of the company, and (3) even if the insurance company was found liable to pay under the common ..... contained herein to the contrary, the company shall indemnify the insured against his legal liability under : the workmen's compensation act, 1923, and subsequent amendments of that act prior to the date of this endorsement, the fatal accidents act, 1855, or at common law, in respect of personal injury to any paid driver (or cleaner or conductor .....
Tag this Judgment!Court : Gujarat
Reported in : 1992ACJ907; (1999)IIILLJ265Guj
..... on the part of the workman. it is used in the popular and ordinary sense and means a mishap or an untoward event not expected or designed. what the workmen's compensation act, 1923, really intends to convey is what might be expressed as an accidental injury. accident and injury are distinct. in cases where accident is an event happening externally to a ..... disease of chest. in any event, if strain of work causes inefficiency, that strain itself would be the cause of death and it would be personal, injury suffered by an employee in the course of his employment. this view is also fortified by the following decisions rendered by this court:(1) amubibi v. nagri mils co. ltd., 1976 acj 507 (gujarat .....
Tag this Judgment!Court : Gujarat
Reported in : 1970ACJ440; (1970)0GLR71; (1969)IILLJ357Guj
..... made an application to the commissioner for workmen's compensation (herein-after referred to as the commissioner) under s. 22 read with s. 19 of the workmen's compensation act, 1923 (hereinafter referred to as the act), for an order for compensation under the act. the commissioner held her to be entitled under the provisions of the act to compensation of rs. 3,000 but has awarded rs ..... those injuries had resulted in his death. it is not disputed that the monthly wages of the deceased were rs. 50 and that having regard to s. 4 of the act read with sch. iv to that act, the compensation payable for the death of the deceased was rs. 3,000. it would be payable under the provisions of the ..... by this.'13. the first point is whether by this writing there is a contracting out as contemplated by s. 17 of the act, that is to say, whether by this writing the workman relinquishes any right of compensation from the employer for personal injury arising out of and in the course of his employment. it is not .....
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