Court : Gujarat
Reported in : (1979)1GLR134
..... his paid driver attendant or cleaner and/or a person in the employ of the insured coming within the scope of the workmen's compensation act, 1923 and subsequent amendments of the said act and engaged in and upon the service of the insured at the time such injury is sustained whilst mounting into, dismounting from ..... dharoi dam. it appears that these persons are housed in a colony situate nearby. the vehicle in question was carrying ramanlal and sevantilal, two of the employees of the government of gujarat, from dharoi colony to dharoi dam site when the accident occurred. the facts therefore clearly show that the government contractor, engaged ..... holding that this criterion should be limited to employees of the insured person. proceeding further, the house of lords have observed that employees of the insured, if injured or killed, would ordinarily fall under exception (i) and that such employees, if injured or killed, would rarely claim compensation as passengers. where the man killed or .....
Tag this Judgment!Court : Gujarat
Reported in : (1981)22GLR541
..... argue that if we take the view that the relationship of an employer and an employee subsists between the parties during the off-season, it may give rise to claims for gratuity for the off-season under the payment of gratuity act, 1972 and for compensation under the workmen's compensation act, 1923. having posed this question before us, he did not examine it with reference ..... to the payment of gratuity act or the workmen's compensation act or conditions of service in relation to seniority. he raised the contention the soundness of which .....
Tag this Judgment!Court : Gujarat
Reported in : 1998ACJ326; (1997)3GLR227
..... 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 the vehicle, ..... , 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, in respect of the death of or bodily injury to any ..... the insurance company is to indemnify to the extent of rs. 50,000/- only. the motor vehicles act, 1988 came into force with effect from 1.7.1989, vide notification no. s.o. 368 (e) dated 22.5.1989. section 147 of the act of 1988 which is in chapter xi refers to requirements of policy and limits of liability. section 147 .....
Tag this Judgment!Court : Gujarat
Reported in : I(1991)ACC472
..... no. 18 of 1979. thus, the appellant has invoked the aids of the provisions of section 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 ..... 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 done .....
Tag this Judgment!Court : Gujarat
Reported in : 1(1992)ACC104
..... on the part of the workman. it is used in the popular and ordinary sense and means a miship or an untoward event not expected or designed. what the workman'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 ..... and disease of chest. in any event, if strain of work causes inefficiency, that strain itself would 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 mills company limited xviii glr 681.(2 .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1982Guj145; (1982)1GLR474
..... of opponent no. 2 and consequently the insurance companys liability was not restricted to act liability under the workmen's compensation act. as noted above, the aforesaid common awards of the tribunal in both the claim petitions have ..... of claims of both the petitions. repelling the contention raised on behalf of the insurance company, which ought to confine its liability to the act liability under the workmen's compensation act. the tribunal held that both the deceased were travelling in the truck in question not under employment of the owner of the truck viz., ..... opponent no. 2, but they were being paid their wages by persons who used to consign goods by truck belonging to opponent no. 2 and hence, they cannot be considered to be employees .....
Tag this Judgment!Court : Gujarat
Reported in : II(1987)ACC80; AIR1988Guj13; (1987)1GLR559
..... certain amounts under the workmen's compensation act for the death of some labourers and the injuries to the others. later on, the owner and the insurance company filed a suit for recovery of those amounts from the union of india alleging that the accident had taken place because of the negligence of the employees of the railway. at ..... the aforesaid judgment of the high court of australia comes very apposite in interpreting the words used by the provisions in s. i 10(l) of the act conferring jurisdiction on the tribunal for adjudicating claims for compensation in respect of accidents arising out of use of motor vehicles. that 'would, therefore, naturally mean that a motor ..... having given an opportunity to the parties of being heard, the tribunal has to determine the just compensation to be payable to the claimant on account of tortious act of the concerned joint tortfeasor. thus, the first part of s. i iob ,does not support the learned counsel for the union of india in his submission that .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1961Guj196; (1961)GLR304
..... in ali akbar v. java bengal line : air1937cal697 . laid down that medical certificates were not themselves admissible in evidence. it was a case under the workmen's compensation act and the learned judges observed that if the workman on his side and his employers on their side desired to place medical testimony before the court they must do ..... his evidence from the witness box he expresses his opinion through his evidence and it is that opinion which is made relevant under section 45 of the evidence act. the certificate, therefore, does not prove itself. the learned judge, therefore, was in error in admitting the certificate and also in relying thereupon.(after considering ..... , however, be proved to corroborate the substantive evidence of the doctor after he has been examined as a witness, as provided in section 157 of the evidence act. in such cases, the substantive evidence is the oral evidence of the doctor and not the certificate.26. i, therefore, agree with my learned brother that the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1981Guj134; (1981)0GLR31; (1981)IILLJ141Guj
..... question which was required to be decided was as to whether the lay-off compensation paid to an employee under s. 25c of the industrial disputes act was or was not wages as defined in the employee's state insurance act. 1948, and it was held that the lay-off compensation paid to an employee was not wages and, therefore, the employer was not liable to pay special contribution ..... on such compensation under the provisions of s. 73a of the act. his lordship the chief justice shri chagla (as he then was) of the bombay high .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1967Guj49
..... d. and e.f. but that they stand in some specified relationship to the individuals a.b.c.d. and e.f. such as that of children of employees. in such a case, too, a purely personal element enters into and is an essential part of the qualification which is defined by the reference to something. i ..... benefit is dispensed with as a result of the historical development of the law of charity. there is ancient authority for supporting a gift to relieve the poverty of employees of a particular employer. gibson v south american stores (gath and chaves) ltd., (1950) ch 177. these however, constitute an anomalous line of cases which serve ..... which the parties interested belong'. as observed by lord wright in all indian spinners' association's case (supra). english decisions may sometimes afford help or guidance but they 'cannot relieve the indian courts form their responsibility of applying the language of the act to the particular circumstances that emerge under condition of indian life'. but we do not .....
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