Court : Gujarat
Reported in : 1992ACJ286; [1991(63)FLR709]; (1991)2GLR726; (1993)IIILLJ235Guj
..... . 57, which was sent on 11.1.1978. the learned commissioner has observed that the said claim form is not under the workmen's compensation act, 1923, but it is under the motor vehicles act. that matter will not assume much significance in the present case. the accident in question occurred on 26.7.1977 and claim form was ..... pay interest and penalty. having regard to the provisions of section 4a(3) of the act, it is very clear that it is beneficent provision made for the benefit of the workmen employees and having regard to the scheme of the act, the provision for payment of interest and penalty have been enacted with a view to deter ..... the employer from taking facile pleas and unreasonable defence for avoiding payment of compensation which statutorily becomes payable. so, while reading the entire .....
Tag this Judgment!Court : Gujarat
Reported in : 1987ACJ451; [1987(54)FLR130]; (1986)2GLR1221; (1993)IIILLJ92Guj
..... did not need to the request made by the applicants for payment of compensation, they filed an application for compensation under the provisions of the workmen's compensation act, 1923 (hereinafter referred to as 'the act'). the application has been dismissed by the commissioner for workmen's compensation (hereinafter referred to as 'the commissioner'). hence this appeal.2. the ..... had accelerated the death of the workman. once it is established (and in the case it has been established) that the duty which, the employee was required to perform accelerated the cause of death, the case will be covered by the aforesaid decision of the division bench of this court and ..... -society and the provisions of bombay shops and establishments act were not applicable.4. at one stage an attempt was made by the applicants to join saurashtra chemicals company ltd. as party respondent. it was contended in the application that the respondent-saukem employees co-operative society ltd. was in reality, under .....
Tag this Judgment!Court : Gujarat
Reported in : 1979ACJ264; AIR1978Guj196; (1978)0GLR585
..... aspect might be referred to.42. in pratap narain singh v. shrinivas, air 1976 sc 222: (1976 lab ic 222), which was a case under the workmen's compensation act, 1923, the claimant was a carpenter who suffered injuries resulting in the amputation of his left arm above the elbow in the course of an accident which occurred ..... of the body. dr. patel opined that if the appellant wanted to work as foreman or mechanic, the permanent disability, according to that is calculated under the workmen's. compensation act would be to the extent of 15 % to 18 %. the tribunal accept6d this estimate with regard to permanent disability. it then proceeded to compute the future pecuniary ..... functioning of the body and, according to dr. patel, if the appellant wanted to work as foreman or mechanic, the permanent disability as calculated under the workmen's compensation act would be to the tune of 15 to 18%'.14. the preceding discussion would show that the appellant, who was at the material time aged about 15, has .....
Tag this Judgment!Court : Gujarat
Reported in : 1981ACJ277; (1981)0GLR555
..... 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 or travelling ..... that the company undertakes to pay compensation on the scale provided below for bodily injury as hereinafter defined sustained by any passenger other than the insured and/or 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 ..... co. ltd. v. ganchi ramanlal kantilal [1979] 20 glr 134 (guj), in support of their contention that the case would be covered by s. 95(2)(c) of the motor vehicles act and the liability of the insurance company to the extent of rs. 15,000 as stipulated in the policy of insurance would remain. the insurance policy .....
Tag this Judgment!Court : Gujarat
Reported in : II(2001)ACC589; 2001ACJ940; AIR2001Guj304; (2001)1GLR915
..... their sweep certainly cover the workmen's compensation act, 1923. section 163-a therefore permits the employee who is the victim of motor accident in the discharge of his duty or his heirs to claim compensation despite the fact that likewise remedy is available under workmen's compensation act, 1923. the employee has his remedy under both the acts namely m.v. act and workmen's compensation act. we shall now refer section 167 ..... which clarifies further course of action to be adopted. section 167 of the act in clear terms and unambiguously provides that without prejudice .....
Tag this Judgment!Court : Gujarat
Reported in : (1966)7GLR76; (1965)IILLJ636Guj
..... stated that there is a corresponding provision in the new english act (workmen's compensation act 1925) and the corresponding provision is s. 29 of the said act. the relevant provisions of the act (indian workmen's compensation act 8 of 1923) are sub-section (1) of s. 3 and sub sec (5) of s. 3 of the act however, it has to be noted that these sub-sec ..... . the learned judge has accordingly reversed the finding of the trial court which had found that the suit was barred by sub-section (5) of s. 3 of the workmen's compensation act. 1923 (8 of 1923). 2. the respondent who was a workman was at the material time employed as a riveter in the workshop of the ..... for injures suffered in the course of their employment. for this purpose, he has invited my attention to the corresponding provisions of the english compensation acts of 1906 and 1925. sub-section (1) of workmen's compensation act, 1906, reads as under : '1. (1) if an any employment personal injury by accident arising out of and in the course .....
Tag this Judgment!Court : Gujarat
Reported in : II(1991)ACC89; 1991ACJ638; [1991(63)FLR854]; (1991)1GLR42; (1995)IIILLJ211Guj
..... employee of the state government, being a civil servant, not covered by the provisions of the workmen's compensation act, 1923? even when earning of a workman may increase after he suffers an accident would he be entitled to claim compensation from the employer? these are some of the questions which have arisen in this appeal under section 30 of the workmen's compensation act ..... air 1969 calcutta 378. we are in agreement with the view taken by the learned single judge of bombay high court.9. under the provisions of the workmen's compensation act, 1923 once it is proved by the workman:(i) that he is a workman, and (ii) that he has suffered injury by accident in the course of ..... and therefore he is not covered by the definition of 'workman' occurring in section 2(n) of the workmen's compensation act, 1923 (for short 'the act'). the term 'workman' is defined in section 2(n) of 'the act'. it means, any person other than a person whose employment is of a casual nature and who is employed otherwise .....
Tag this Judgment!Court : Gujarat
Reported in : 1992ACJ772; (1992)1GLR37; (1995)IIILLJ669Guj
..... ' for short, hereinafter) in w. c. (n. f.) application no. 14 of 1981, by invoking the aids of the provisions of section 30 of the workmen's compensation act, 1923 ('act' for short, hereinafter). the appellant is the original applicant/workman and the respondent herein is the original opponent/employer. therefore, they are hereinafter referred to as 'workman' and ..... the present case. the applicant was either the workman of opponent or bachu nanji. at the best it can be said that the applicant was engaged as employee by one bachu nanji, who was admittedly a contractor of the opponent. it is also found from the evidence on record that the applicant is a relative ..... 10-2-1981. he denied that the applicant was his employee. it was pleaded by him that the applicant being a relative of one bachu nanji, who was his contractor, had unauthorisedly tampered with the crushing machine and, therefore, he is not entitled to any compensation.4. in view of the facts and circumstances of the case .....
Tag this Judgment!Court : Gujarat
Reported in : 1991ACJ904; (1991)1GLR361; (1993)IIILLJ611Guj
..... mehta & sons ltd. v. century spinning and . reported in air 1962 sc 1314. of course, the said decision is not under the provisions of the workmen's compensation act, 1923, however, the principle underlying the provisions of section 110 and article 133(1) of the constitution, wherein the construction of question of law was involved in that ..... of the said transport. though, at the initial state, the word 'duty' had been strictly construed, the later decisions have liberalised this concept. when an employee uses the means of access and accede to and from the place of employment and even also while attending to his usual pursuits, leisure hours, recess time, etc ..... commissioner, at bhavnagar, the employer appeared and resisted the application by filing written objections, at ex. 9. employer admitted that the workman was working as his employee at the relevant time on a monthly salary of rs. 270/-. however, he denied that the workman was doing miscellaneous work in his textile unit. the employer .....
Tag this Judgment!Court : Gujarat
Reported in : II(1986)ACC9; 1987ACJ161; [1987(54)FLR85]; (1986)2GLR1083; (1993)IIILLJ431Guj
..... s compensation has become an employee without there being an employer. such is the astounding result brought about by the learned commissioner by taking hyper-technical view and by following the strict principles of rules of pleadings and evidence act which arc not applicable to the cases under workmen's compensation act, 1923.2. the learned commissioner for workmen's compensation ..... to all these constitutional provisions, it becomes the imperative duty of the judicial officers and much more that of the commissioners appointed under workmen's compensation act, which is a welfare and beneficial legislation, that the cause of any person suffering from economic or other disability is not sacrificed on ..... with respondent no. 2. insurance company and the insurance policy covers the risk under the workmen's compensation act also. therefore, both the respondent nos. 1 and 2 are held liable to pay compensation to the appellant-workman.10. it is established on evidence of the case that the workman .....
Tag this Judgment!