Court : Gujarat
Reported in : (1971)12GLR252
..... that case the question arose whether a watchman employed on night duty by the port trust at its pumping station was a 'workman' within the meaning of workmen's compensation act, 1923. there the establishment concerned was the pumping station and in that pumping station a process was employed for the purpose of pumping water. there was no dispute ..... the dispute was whether the deceased night watchman who had no part to play in the process of pumping water was a 'workman' for the purpose of workmen's compensation act. obviously' this case deals with a pumping station and not with merely pumping of water for domestic purposes.16. mr. vidyarthi further referred to a decision in ..... for these purposes but river water is used. there is also no dispute that more than 10 employees are employed in this business of printing saris.6. now, the term 'factory' is defined in clause (m) of section 2 of the act as follows:(a) 'factory' means any premises including the precincts thereof-(i) whereon ten or .....
Tag this Judgment!Court : Gujarat
Reported in : 2002ACJ1171
..... of the insurance policy and that there was no permission under the policy to carry passengers in the vehicle except employees (other than the driver) not exceeding six in number coming under the purview of workmen's compensation act, 1923.10. before appreciating the above contention, we propose to dispense some of the arguments raised by mr ..... as to use reads as under:the policy does not cover use for carrying passengers in the vehicle except employees (other than the driver) not exceeding six in number coming under the purview of workmen's compensation act, 1923. 16. there was thus specific stipulation in the policy providing that the policy will not cover use ..... for carrying passengers in the vehicle except its employees. mr. pandya made unsuccessful attempt to argue that this limitation as to .....
Tag this Judgment!Court : Gujarat
Reported in : I(1993)ACC226
..... .1. 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 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 sued 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 : (1973)14GLR921
..... determined only under the provisions of the workmen's compensation act rather than by the competent authority under that act. therefore, it may happen that the provisions of the act get extended by reason of the provisions of the motor vehicles act because that particular category of accident has now a scheme of statutory insurance so that the employee's remedy is not made to depend on the ..... be insured by the policy under section 95(1) in respect of such an employee like the driver. therefore, section 96(1) provides that in respect of such driver, the insurer would be liable to satisfy the judgment even in respect of the liability under the workmen's compensation act to the extent provided therein and for that purpose section 96(1) has enacted .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)1GLR314
..... the towing (other than for reward) of any one disabled mechanically propelled vehicle.(3) use for carrying passengers in the vehicle except employees (other than the driver) not exceeding six in number coming under the purview of the workmen's compensation act, 1923.the motor vehicle: as mentioned above.''important notice: the insured is not indemnified if the vehicle is used or driven otherwise ..... was also a specific condition to the effect that the policy did not cover use for carrying passengers in the vehicle except employees (other than the driver) not exceeding six in number coming under the purview of the workmen's compensation act, 1923, as per clause (3) under the heading 'limitations as to use' there was, therefore, a specific condition in the policy excluding .....
Tag this Judgment!Court : Gujarat
Reported in : 2(1985)ACC238
..... anything 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 oral common law in respect of pesonal injury to any paid driver (or cleaner ro conductor) ..... insured holds or subsequently, effects with and insurance company or group of underwriters a policy of insurance company or group as herein defined for his general employees.(2) the insured shall take reasonable precautions to prevent accidents and shall comply with all statutory obligations.(3) the insured shall keep a record of the ..... that in view of the provisions of rule 118 of the bombay motor vehicles rules, 1959, no one could have carried more than six bona fide employees in a goods vehicle. therefore, the liability of the insurance company cannot be construed to extend beyond six persons. the aforesaid argument cannot be accepted in .....
Tag this Judgment!Court : Gujarat
Reported in : 2(1986)ACC253; (1985)2GLR871
..... anything 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 ..... holds or subsequently, effects with any insurance company or group of underwriters a policy of insurance in respect of liability as herein defined for his general employees.(2) the insured shall take reasonable precautions to prevent accidents and shall comply with all statutory obligations.(3) the insured shall keep a record of the ..... submitted that in view of the provisions of rule 118 of the bombay motor vehicles rules, 1959, no one could have carried more than six bona fide employees in a goods vehicle. therefore, the liability of the insurance company cannot be construed to extend beyond six persons. the aforesaid argument cannot be accepted in .....
Tag this Judgment!Court : Gujarat
Reported in : (1974)15GLR451
..... performance of his duties, sustained a physiological injury as the result of the work he was engaged in, this would be accidental injury in the sense of the workmen's compensation act. it would be wrong to look for an accident in the form of a sudden strain exercised on the workman, something which was more than ordinarily borne by him, ..... observed by the bombay high court. in my opinion, therefore, mr. zaveri is not right in urging that the deceased was not a workman as defined in the workmen's compensation act.22. mr. zaveri next urged that in any case, respondent no. 2 would not be liable unless the canteen where the deceased was working was ordinarily a part of ..... with an accident and ultimately died as a result of the accident received by him during the course of his employment, his case will be covered by the 'workmen's compensation act.24. relying on the ratio of the bombay case referred to above, mr. zaveri urged that even though g.i.p. railway was laying down electric over-headed .....
Tag this Judgment!Court : Gujarat
Reported in : 1(1992)ACC672
..... of rash and negligent driving on the part of the driver of the offending vehicle. however, the claimant could have preferred his claim under the workmen's compensation act, 1923, as admittedly he was a workman of ongc and injuries were sustained by the claimant during the course of his employment with ongc. the claimant ..... ongc at the relevant point of time. he would be entitled to compensation under the workmen's compensation act, 1923, had he selected the right forum under the said act. unfortunately, this court is helpless, as in this appeal under section 110-d of the act, compensation could be awarded only in the event of involvement of a motor ..... act, 1939 ('the act' for short hereinafter), inter alia, contending that he sustained serious injuries on account of a vehicular accident which occurred on 22nd march, 1979, at about 4 p.m. in the oil & natural gas commission ('ongc' for short hereinafter) premises, at mehsana. as per the case of the claimant, he was on duty as an employee .....
Tag this Judgment!Court : Gujarat
Reported in : 1992ACJ1128
..... of rash and negligent driving on the part of the driver of the offending vehicle. however, the claimant could have preferred his claim under the workmen's compensation act, 1923, as admittedly he was a workman of ongc and injuries were sustained by the claimant during the course of his employment with ongc. the claimant ..... ongc at the relevant point of time. he would be entitled to compensation under the workmen's compensation act, had he selected the right forum under the said act. unfortunately, this court is helpless, as in this appeal under section 110-d of the act, compensation could be awarded only in the event of involvement of a motor vehicle ..... act, 1939 ('the act' for short hereinafter),inter alia, contending that he sustained serious injuries on account of a vehicular accident which occurred on 22nd march, 1979, at about 4 p.m. in the oil & natural gas commission ('ongc for short hereinafter) premises, at mehsana. as per the case of the claimant, he was on duty as an employee .....
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