Court : Karnataka
Reported in : 2004ACJ478; 2004(1)KarLJ158
..... his submission:'this writ petition is for the purpose of directing insurance company to delete the clause in the insurance policy which provides that in cases of compensation under the workmen's compensation act, 1923, the insurance company will not be liable to pay interest. we see no substance in the writ petition. there is no statutory liability on ..... by the appellant-insurer in respect of the subject-matter of insurance i.e., liability of an employer arising out of death of or bodily injury to an employee during the course of employment while engaged in construction work. hence, there is no statutory compulsion to the appellant to cover all liabilities of the employer in ..... cover the liability of interest in respect of the subject-matter of insurance i.e., liability of an employer arising out of death of or bodily injury to an employee while engaged in construction work?(ii) if not, whether the said liability of interest is factually covered under the insurance policy? 6. re: point no. (i .....
Tag this Judgment!Court : Karnataka
Reported in : 2007ACJ1459; ILR2006KAR2475
..... of a cleaner would get included in the special coverage of two more workmen. 6. in that view, the insurer is liable to pay the compensation as per the terms of the workmen's compensation act, 1923. 7. the reckonable income of the petitioner is rs. 1,200/-. the relevant factor is 219.95. the disability being 10%, the ..... the driver and conductor and therefore, there is no coverage for cleaner is an untenable argument. 5. when the terms of policy covers the risk of other employees in addition to the statutory coverage and the premium collected for such special coverage is not proportionate to the premium prescribed in the tariff regulations, it is not ..... court in ramashray singh v. new india assurance company limited and ors. : (2003)iiillj740sc , has observed that the insurer is at liberty to cover the risk of employees other than the driver, conductor, cleaner and the ticket examiner by a special contract. the contention that the premium of rs. 30/- collected would only satisfy the liability .....
Tag this Judgment!Court : Karnataka
Reported in : 2003ACJ875; [2002(92)FLR101]; ILR2001KAR3922; 2002(1)KarLJ159
..... ) therefor before the commissioner under the workmen's compensation act, could the insurer ..... vehicle in a public place to compensation required to be paid under the workmen's compensation act, action for recovery of compensation for death or bodily injury of such employee could be taken by instituting a proceeding before the workmen's compensation commissioner under the workmen's compensation act because of the act. if a proceeding is taken for recovery of compensation impleadingsection 149 of the motor vehicles act by instituting an action (claim .....
Tag this Judgment!Court : Karnataka
Reported in : 2000ACJ753; ILR1999KAR1548; 1999(6)KarLJ382
..... no justification in interpreting or construing it as not taking away the right of the workman who is an insured person and an employee under the esi act to claim compensation under the workmen's compensation act. we are of the opinion that the high court was right in holding that in view of the bar created bysection 53, ..... respectfully agree, it is clear that the respondent could not make a claim for damages. section 53 disentitles an employee who has suffered an employment injury from receiving or recovering compensation or damages under the workmen's compensation act or any other law for the time being in force or otherwise. the use of the expression 'or ..... clearly laid down that the workman is not entitled to claim compensation under the workmen's compensation act. there cannot be any dispute regarding the principles laid down and (sic) views in the matter. when once the employee has availed the benefit under the e.s.i. act, he is precluded from claiming any other benefit under any other .....
Tag this Judgment!Court : Karnataka
Reported in : 1999ACJ409; (1999)IIILLJ512Kant
..... they may indemnify the insured in respect of any interest which may be imposed on failure to comply with the requirements of workmen's compensation act.as regards the liability for the compensation or the compensation assessed, that has not been disputed on behalf of the appellant. counsel for the appellant also pointed out that amount of ..... had undertaken to pay the penalty and interest, otherwise statutory liability is primarily of the insured, that is, the employer.5. before the workmen's compensation commissioner, the employee did not put in appearance and did not file the insurance policy. the insurance company also failed to produce the entire policy document, it only ..... 2 only. the insurance company, i.e., appellant is not liable to pay the penalty imposed on employer or the interest under section 4a of workmen's compensation act, and that the claimant can recover amount of penalty and interest from the employer, i.e., insured only in terms and conditions of the insurance policy .....
Tag this Judgment!Court : Karnataka
Reported in : 1999ACJ1419; AIR2000Kant1; [1999]98CompCas725(Kar); ILR1999KAR2725; 2000(2)KarLJ16
..... shall in order to comply with the requirements of his chapter cover any liability arising under the provisions of the workmen's compensation act, 1923, in respect of the death of or bodily injury to any paid employee engaged in driving or otherwise in attendance on or being carried in a motor vehicle'.17. from the above, it ..... such liability would be limited to the extent of liability of the insured employer arising under the workmen's compensation act in respect of death or bodily injury to such employees. as the motor accidents resulted in fatal injuries to the employees who were either driving or were being carried in the goods carriage as cleaner whatever liability was incurred ..... 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 such employee.-(a) engaged in driving the vehicle; or (b) (b).....(c) if it is a goods vehicle, being carried in the vehicle; or(ii) xxx'.18 .....
Tag this Judgment!Court : Karnataka
Reported in : 2009ACJ168; 2009(5)KarLJ630; 2008(3)KCCRSN183; 2008(4)AIRKarR259; 2008LabIC3317(Kar)
..... . 1 and the deceased were father and son, is not a ground in law to infer absence of relationship of employer and employee under the workmen's compensation act. therefore, the commissioner has rightly held that there exists the relationship of employer and employee between the deceased and the respondent no. 1.11. it is also seen that the policy covers the risk of the ..... of the peculiar family relationship...9. he has also relied on the judgment of this court in manohar bhimappa more v. mahadev bhimappa more , wherein it is held thus:workmen's compensation act, 1923, section 30 liability of insurer-the fact that the injured was the brother and guarantor for repayment of the loan was not a valid reason to hold that he .....
Tag this Judgment!Court : Karnataka
Reported in : [1999(82)FLR435]; 1999(5)KarLJ148
..... design on his part, it may be an accident even though it may have been intentionally caused by the author of it or by some act committed wilfully by him. compensation is not payable under the workmen's compensation act, 1923, in all cases where a workman dies in the course of his employment. it may be that he died or got injured in the ..... case are quite dissimilar, the principles laid down in this case, are instructive and should be borne in mind. in order to succeed, it has to be proved by the employee that (1) there was an accident (2) the accident had a causal connection with the employment and (3) the accident must have been suffered in course of employment. in the ..... facts of this case, we are of the view that the employee was unable to prove that the accident had any causal connection with the work he was doing at the factory and in any event, it was not suffered in the .....
Tag this Judgment!Court : Karnataka
Reported in : I(1999)ACC328; 2000ACJ166; [1999(81)FLR260]; 1999(1)KarLJ356; (1999)ILLJ1053Kant
..... 14-11-1985 made in case no. wca/f-4/81-82 dismissing her application for grant of compensation under the workmen's compensation act, 1923 ('the act' for short).2. it is not in dispute that appellant's husband late ramulu was employed and was working as a realer in the spinning mill of respondent 1, on 8-12-1979 at 8, ..... 45 a.m. when he was attending his work as such in the factory premises his co-worker [ ramesh ] s/o ..... less, the personal injury resulting in his death. section 3 of the act creates liability of the employer for payment of compensation to his workman in respect of the injury caused to him in the course of the employment. the material portion thereof reads.-''3. employer's liability for compensation.- (1) if personal injury is caused to a workman by accident arising .....
Tag this Judgment!Court : Karnataka
Reported in : II(2000)ACC38; 2001ACJ574; [2000(85)FLR765]; ILR2000KAR1437; 2000(2)KarLJ439; (2000)IILLJ391Kant
..... disabled to perform all the work he was engaged to perform it amounts to total disablement. it is to be noted that the compensation is claimed under the workmen's compensation act, 1923 by the worker as defined under the act. that worker, due to the injury sustained by him, loses the capacity to do work, which capacity earned him the status ..... as an unskilled worker in the same industry for a variety of reasons. he may be overaged or there may be opposition from other unskilled workers since the new employee may mar their employment prospects. hence with theemployee being disabled to carry the work for which he was originally employed, it will be a virtual exit from the ..... establishment. it may be contradiction in terms if we are still to hold that there is no 'total disablement' for the employee'.5. placing reliance on the above decision, it is contended by him that the commissioner was correct in drawing an inference from the evidence of medical officer that .....
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