Judgment Search Results Home > Cases Phrase: employee s compensation act 1923 chapter 1 preliminary Court: karnataka Page 6 of about 3,971 results (0.128 seconds)

S.G. Pandu S/O Gundaiah Vs. United India Insurance Company Ltd. Repres ...

Court : Karnataka

Reported in : 2010ACJ202; AIR2009Kant33; 2009(2)KCCR1057; AIR2009Kar33; 2009(1)AIRKarR308

..... 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 the bar created by section 53 the ..... we 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 otherwise' ..... the insured person or from any other person, any compensation or damages under the workmen's compensation act, 1923 (8 of 1923) or any other law for the time being in force or otherwise, in respect of an employment injury sustained by the insured person as an employee under this act.'(c) section 61 reads as follows:bar of .....

National Insurance Company Ltd. Vs. R. Vishnu and anr.

Court : Karnataka

Reported in : I(1992)ACC30; 1992ACJ590; 1991(2)KarLJ125; (1994)IIILLJ635Kant

rama jois, j. 1. in this appeal presented under section 30 of the workmen's compensation act, 1923 (hereinafter referred to as the 'act'), the following three questions of law arise for consideration:-1. whether the objection that the workmen's compensation commissioner, bangalore, had no jurisdiction to entertain the claim arising out of personal injury ..... according to law the claimant is entitled to a higher rate of compensation ? 3. whether the extent of permanent disability suffered as specified in the schedule to the act is a bar for pleading and proving that actually the concerned employee had suffered higher percentage, of, or total, disability 2. the ..... finally his left leg was amputated below the knee. the first respondent filed a claim application under section 10 of the act before the workmen's compensation commissioner, bangalore, claiming a compensation of rs. 75,000/-. after recording evidence, the commissioner came to the conclusion and recorded a finding that the first .....

Divisional Manager United India Insurance Co. Ltd. Vs. S. Manohar Son ...

Court : Karnataka

..... disability and loss of earning capacity, a claim petition was filed on 13.7.2005 under s.22 of the workmen's compensation act, 1923 ('the act' for short) against the employer/owner and insurer of the offending vehicie to pay compensation. ksrtc was impleaded as additional respondent pursuant to an order dated 22 8.2006 passed by the ..... company/2nd respondent, have filed these appeals, questioning an order/award passed by the commissioner for workmen's compensation ('cwc for short), allowing the claim petition in part and directing the 2nd respondent/insurance company to pay the compensation amount to the workman. 2. mfa 10497/2007 is by the petitioner and mfa 10997/2007 is ..... in favour of the corporation. the vehicle in question at the time of the accident was under the control of the corporation, however being driven by an employee of the owner of the vehicle. indisputedly, the 1st respondent had agreed with the corporation that, the vehicle would be insured and driver would be provided by .....

New India Assurance Company Limited Bangalore Vs. T. Suresh and Anothe ...

Court : Karnataka

Reported in : I(1999)ACC189; 1999ACJ1108; ILR1998KAR2487; 1998(6)KarLJ378; (1999)ILLJ84Kant

..... the insured person or from any other person, any compensation or damages under the workmen's compensation act, 1923 (8 of 1923) or any other law for the time being in force or otherwise, in respect of an employment injury sustained by the insured person as an employee under this act. 61. bar of benefits under other enactments.-- when ..... a personis entitled to any of the benefits provided by this act, he ..... not maintainable and the same cannot be entertained in view of the clear provisions of sections 53 and 61 of the employees' state insurance act, 1948, which bars against receiving or recovering of compensation damages and benefits under any other law or under other enactments. for the reasons stated above, the present claim petition is .....

Smt. Pushpavathi and Others Vs. the Chairman and Managing Director, Ka ...

Court : Karnataka

Reported in : ILR2000KAR1901; 2000(6)KarLJ308

..... , appointment of the dependents of the deceased/disabled employees should have total and permanent disablement as defined under section 2(1)(l) of the workmen's compensation act, 1923 ('w.c. act' in short). then, only the dependents of the deceased employees who are either voluntarily or compulsorily retired from service ..... are entitled for appointment in the corporation on compassionate ground. the deceased rajanna, the husband of the first petitioner has not suffered permanent and total disablement as defined under section 2(1)(l) of the w.c. act ..... of the family should be provided with employment, under this clause.(b) if such an employee, who dies or becomes disabled has left only minor children, then only the member of the employee's family after he/she attains the majority may be provided with employment, provided he/she .....

Zaibunnissa Vs. Southern Railway

Court : Karnataka

Reported in : (1967)IILLJ177Kant

..... sri narayana rao. it is also not necessary for us to express any opinion on the question whether compensation under the workmen's compensation act could have been claimed if hussainsab had not been a railway employee. i should also add that in support of the argument that the deceased hussainsab filled two roles, one ..... employee of the railway administration, no foundation was laid before the commissioner for workmen's compensation. 25. in this view of the matter, it seems to me that the recovery of compensation by the appellant under s. 82a of the indian railways act did preclude her in the circumstances of this case from claiming any compensation under the workmen's compensation act ..... who were not his employers should destroy the right to claim compensation from the other employer, if it could be claimed under the workmen's compensation act. it was next contended that the deceased was not only a passenger but also an employee and that he filled both the roles when he was travailing .....

J. BenjamIn Vs. the Management of Bharat Earth Movers Limited, Kolar G ...

Court : Karnataka

Reported in : [2006(108)FLR625]; ILR2005KAR6024; 2005(6)KarLJ514; (2006)ILLJ975Kant

..... do not deal with payment of compensation for loss of service. therefore, for any loss of service on account of the injury one ..... of condensation for injury by accident. similarly, the employees' state insurance act, 1948, is enacted to provide for certain benefits to employees in case of sickness, maternity and employment injury and to make provision for certain other matters in relation thereto. workmen's compensation act deals with compensation for injury and the employees' state insurance act deals with benefit to an employee for employment injury. therefore, the aforesaid two enactments .....

United India Fire and General Insurance Co. Ltd. Vs. Machinery Manufac ...

Court : Karnataka

Reported in : [1989]65CompCas596(Kar)

..... our decision in these appeals under section 30(1) of the workmen's compensation act, 1923 (for short 'the act) are two. while one of them relates to the ambit of power of the commissioner under sub-section (1) of section 19 of the act, the other relates to the scope and applicability of sub-section ( ..... 'employer' for purposes of the act. the insurance company (insurer) issued an insurance policy called 'workmen's compensation policy' to each employer. the operative portion of such policy read: 'now this policy witnesseth that if, at any time during the period of insurance, any employee in the insured's immediate service shall sustain personal injury ..... person' used in the sub-section cannot take within its ambit the insurance company liable to make good the compensation under the workmen's compensation policy issued covering the liability of the employer under the act, to pay compensation for a personal injury sustained by his workman. this contention, in our view, cannot be sustained for .....

The Oriental Insurance Co. Ltd. Through Its Regional Office, Represent ...

Court : Karnataka

Reported in : 2008ACJ1158; 2008(1)KarLJ4732007(5)AIRKarR325; AIR2007NOC2285.

..... the insurer, the apex court has held-that the high court was in error in applying the ratio in swaran singh's case to hold the insurer liable. the deceased being an employee, (not covered by the workmen's compensation act, 1939,) of the insured, was not to be compulsorily covered under a policy of insurance in terms of section ..... the insured and the accident arises out of his employment. in any such case, rashness or negligence of the employee may be inconsequential for purposes of holding the employer liable to pay the compensation under the workmen's compensation act. the decision of this court in y.r. shanbhag v. mohammed gouse : 1990(2)karlj398 (karnataka), has taken the ..... arising out of and in the course of his employment. an exception is that the policy must cover a liability arising under the workmen's compensation act, 1923, in respect of the death or bodily injury to an employee who is engaged in driving the vehicle or who serves as a conductor in a public service vehicle or an .....

Smt. Kamala Vs. S.R. Varadaraja Setty

Court : Karnataka

Reported in : 1998ACJ387; 1998(6)KarLJ166

..... workmen's compensation act, 1923 from the judgment and order dated 13-1-1992 given by commissioner, workmen's compensation, kodagu, madikeri district rejecting appellant/applicant's claim for compensation.2. the facts of the case in brief are that one babu as per claim of the petitioner/appellant who was the husband of the present appellant, was the workmen/employee in ..... babu was a workman in the estate within the frame work of workman given in section 2(1)(n) of the workmen's compensation act read with entry xviii of schedule 2 to the act. the evidences of kamala and kusuma prove that on 12-5-1989 the workman babu had come to attend the job and ..... in course of employment in the coffee estate. with this finding the workmen's compensation commissioner, rejected the claim of the claimant smt. kamala-widow of s. babu who has come up in appeal under section 30 of the workmen's compensation act'.3. i have heard sri k.s. gourishankar, counsel for appellant and sri giridhar holding brief for sri m .....