Judgment Search Results Home > Cases Phrase: employee s compensation act 1923 chapter 1 preliminary Court: karnataka Page 1 of about 3,971 results (0.126 seconds)

Senior Manager Claims Vs. The Registrar

Court : Karnataka

..... code of civil procedure- 1908 in recovery of amount as initiated by xii additionalsenior civil judge and xxxvii acmm, bengaluru s per annexure-e dated2302.2018 and assumption of power to execute in pursuance to annexure-f are opposed to section31of employees compensation act-1923 and etc. this writ petition, coming on for preliminary hearing in b group, this day, the court made the ..... including motor vehicle policies as contemplated under section 147 of the motor vehicles act, 1988 - 3 - wp no.36618 of 2018 (the 'm.v. act' for short) as also workmen's compensation policy.3. in terms of the act policy issued under section 147 of the m.v. act, the risk of the employee doing certain jobs, while being employed by the employer in the use of .....

G. Mahadevappa and Sons, Hubli and anr. Vs. the Dharwad District Co-op ...

Court : Karnataka

Reported in : ILR2002KAR2009; 2002(3)KarLJ129

..... reason of those provisions, r2-registrar is divested of his jurisdiction to entertain the dispute under section 70 of the act of 1956, and that r1-society's remedy lies exclusively before the compensation commissioner appointed under the act.14. per contra, learned counsel for r1-society and of other respondents vehemently argued otherwise in support of the ..... section 7 confers the right on the government to recover from the lessor or lessee of the amounts paid by the 'present management' to the officers or other employees of the mills towards back wages, gratuity, retirement benefits and other dues on behalf of the lessor or lessee, as arrears of land revenue. 'present management' ..... from the date to be specified. as regards the claim of the respondent-regional provident fund commissioner for recovery of the provident fund in respect of the employees of the lessee mills, it was pertaining to the period prior to the appointed day i.e., 30-6-1986. on consideration of the relevant provisions .....

Khoday Distilleries Ltd. and ors. Vs. the State of Karnataka and ors.

Court : Karnataka

Reported in : ILR1997KAR1419

..... acquisition to have lapsed being to enable the parties to get appropriate market value by way of compensation, and considering the objects and reasons of the act no. 68/1984 being that pendency of acquisition proceedings affects the scale of compensation, the same results in discrimination. reliance is placed on the decision of the supreme court in ..... contemplate hearing, oral hearing should be given in the light of the nature of the powers that are exercised under the act. such contentions advanced earlier had been considered by the supreme court in narayanaiah's case itself to which we have adverted to and it has been held that oral hearing in the matter is not ..... so far as they are applicable. in view of the decisions in narayanaiah's case and govindan's case by the supreme court in identical context, it must be held that the provisions of la act to the extent as are made applicable in bda act are attracted. separate provisions are made regarding the issue of preliminary notification and .....

Smt. Kavitha Dilip Patil and ors. Vs. Ananda Gnanu Patil and ors.

Court : Karnataka

Reported in : II(2004)ACC221; 2004ACJ1000; ILR2004KAR461; 2004(2)KarLJ569; (2004)IILLJ637Kant

..... terms of the insurance policy and which are specified in section 149(2) of the motor vehicles act even in proceedings under the provisions of the workmen's compensation act.b)as under section 30 of the workmen's compensation act an appeal lies only against a substantial question of law, the insurance company cannot urge any other ..... under section 147 of the m.v. act 1988 and the circular ..... . act, 1939 which gives option to the claimant to file a petition either before the workmen's compensation commissioner or before motor accidents claims tribunal. this court has held that act liability would include liability to cover injury or death arising out of all and in the course of employment in respect of the employees mentioned .....

The Branch Manager, New India Assurance Co. Ltd. Now Rep. by Its Regio ...

Court : Karnataka

..... injury to, any such employee,-(a)....(b)....(c) if it is a goods carriage, being carried in the vehicle;6. sri a.n. krishna swamy, counsel strenuously contended that the insurer is ..... 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 ..... of the deceased workman in mfa 6850/07 would be rs. 1475/-. the relevant factor is 203.85. therefore, the claimants in mfa 6850/07 would be entitled to the compensation of rs. 3,00,678.75/- (rs. 1475 x 203.85).11. in mfa 6851/07 the wages of the workman to be considered at. rs. 1475/-. the relevant .....

Bhimavva and ors. Vs. Shankar Alias Adya and ors.

Court : Karnataka

Reported in : (2004)IILLJ235Kant

..... the proviso makes it further clear that compulsory coverage in respect of drivers and conductors of public service vehicle and employees carried in goods vehicle would be limited to liability under the workmen's compensation act, 1923. there is no reference to any passenger in 'goods carriage''. (emphasis supplied)their lordships approved the three ..... appended thereto categorically states that compulsory coverage in respect of drivers and conductors of public service vehicle and employees carried in a goods vehicle would be limited to the liability under the workmen's compensation act. it does not speak of any passenger in a 'goods carriage'.an owner of a passenger carrying ..... with the conclusion drawn by his lordship that the liability of an insurance company to pay compensation to the employee of an insured or his legal representatives is limited to the amount payable under the workmen's compensation act, if the policy secured by the insured does not provide a coverage wider than the .....

National Insurance Co. Ltd. Vs. Balawwa

Court : Karnataka

Reported in : II(1993)ACC463; 1993ACJ815; ILR1993KAR1843; 1993(2)KarLJ406; (1994)ILLJ433Kant

..... of which any claim arises.(d) to (q) xxxxx' 25. it is undisputed that the policy covers liability of the insured under the workmen's compensation act in respect of death of an employee carried in the vehicle arising on account of and in the course of his employment. the main objection is that it must be shown that the ..... use of the motor vehicle. it is for that reason that insurance in respect of only those classes of employees in so far as the liability under the workmen's compensation act is connected, is made compulsory. in respect of such employees if it is found that they died or sustained injury in an accident on account of and in the ..... has been caused by the user of the vehicle. there is a casual connection between the death of the employee and the use of the vehicle. hence the insurance company is liable to pay the compensation payable under the workmen's compensation act. hence there are no good grounds to interfere with the order of the commissioner directing the insurer to .....

United India Insurance Co. Ltd. and Another Vs. Kadarbi and Others

Court : Karnataka

Reported in : [1992]75CompCas308(Kar); ILR1991KAR4511; 1991(4)KarLJ275

..... insurer of the vehicle involved in the accident with which the deceased and the injured were in no way connected as the employee and against whom no claim could have been made under the provisions of the workmen's compensation act. this is what has been observed at page 676 in the said decision.'so far as the owner of the autorickshaw ..... was concerned, the claimant had to make a choice either to claim compensation under the workmen's compensation act or to claim damages under the general law. however, the question of making such election does not arise so far as a third party is concerned. the ..... proceedings before this court, the learned advocate for the claimants has filed a memo to the effect that they may be permitted to withdraw the claim made under the workmen's compensation act as they are satisfied with the award passed by the motor accidents claims tribunal in the m.v. case. in m.f.a. no. 1641 of 1991, .....

Shivalinga Shivanagowda Patil and ors. Vs. Erappa Basappa Bhavihala an ...

Court : Karnataka

Reported in : II(2004)ACC470; 2004ACJ333; [2004(101)FLR178]; ILR2004KAR193; (2004)ILLJ1089Kant

..... mentioned above, we answer the reference accordingly. we answer the points referred number-wise, which are as under:-(i) the commissioner under the workmen's compensation act cannot assess the loss of earning capacity without the assistance of the assessment made by qualified medical practitioner regarding loss of assessment or in disregard of ..... heard together and answered of by this common order.4. the division bench has referred the following questions:(i) whether the commissioner under the workmen's compensation act can assess the loss of earning capacity without or in-disregard of the assessment of a qualified medical practitioner?(ii) what is the procedure to ..... other attendant considerations. the injured workman may be a casual labourer or a regular employee. the length of his service is irrelevant for the purpose of awarding compensation under the act. section 4-a provides for immediate payment of compensation and where the amount claimed is not acceptable to the employer he is bound .....

Sri Krishna Hotel Vs. Devale Nayak

Court : Karnataka

Reported in : III(2005)ACC98; IV(2005)ACC281; 2006ACJ2380; [2005(107)FLR363]; ILR2005KAR2026; 2005(4)KarLJ317

..... are as under: petitioner is a proprietory concern. 1st respondent filed an application under section 23 of the workmen's compensation act, 1923, before the commissioner for workmen's compensation, hubli. it is the case of the 1st respondent that his son along with some other employees used to go to nuchambli bavi at the instruction of the employer to take bath as there was shortage ..... in view of clause (d) of order 43, rule 7 c.p.c. but the said provision is not made applicable to the proceedings under the workmen's compensation act under rule 41 of the workmen's compensation rules. therefore, the appeal under order 43, rule 1, c.p.c. is not maintainable.the only provision regarding appeal against the orders made by the workmen .....