Court : Madhya Pradesh
Reported in : II(2003)ACC281; 2003ACJ2117
..... secondly, the deceased was an industrial workman and thus, civil court had no jurisdiction to decide the dispute which was to be settled by the commissioner under workmen's compensation act, 1923 ('act' for short).7. certainly, no question as to jurisdiction of the civil court was raised in the trial court. the advocate for respondent nos. 1 and ..... of the civil court is barred. on the other hand, the learned advocate for respondent nos. 1 and 2 has referred to the employees liability act, 1938 and has claimed that the act presupposes the possibility for suit for damages by the workman and merely bars certain defences to be taken by employer which according to him, ..... tamrakar dw 1 has also claimed that the deceased used to work in bhagwati metal factory. kishanlal, dw 3, naval singh ranghuvanshi, dw 4, and other employees of bhagwati metal factory have also claimed that the deceased was working in bhagwati metal industry. however, in para 5 of his written statement, the appellant had admitted .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(2001)ACC742; 2001ACJ1176
..... he was about to leave the premises of his employer resulted in his death, it was held to be an accident within the meaning of section 3 of workmen's compensation act, 1923. in para 7 their lordships of the kerala high court held as under:(7) in varkeyachan v. thomman 1979 acj 319 (kerala), a division bench ..... process of committing theft of the autorickshaw. their lordships have further held that the meaning of 'death' in the workmen's compensation act, 1923 is applicable to an interpretation given to term 'death' in the motor vehicles act, 1988 also and decision in case of shivaji dayanu patil 1991 acj 777 (sc), was also cited with approval and ..... of the country stands modified. 12. section 167 of the 1988 act, enables even a workman or a claimant to claim compensation either under the workmen's compensation act, 1923 or under the motor vehicles act, 1988. the only bar is that the claim cannot be made under both the acts.13. in this changing context, a new situation requires new strategies .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2(1988)ACC306
..... counsel for the appellant in this court is that the claim is under the m.v. act and the learned tribunal etred in assessing compensation for permanent disability on the basis of workmen's compensation act, 1923 (for short the w.c. act). it is urged that the appellant having become incapaciated to work as driver is in his circumstances ..... to a claim for compensation under this act, 1923 the person entitled to compensation may without prejudice to the provisions of chapter vii a, claim ..... -condition for a claim under section 110-a of the m.v. act.11. reference at this stage may be made to the provision embodied in section 110-aa of the m.v. act. it reads thus:notwithstanding anything contained in the workmen's compensation act, 1923, where the death or bodily injury to any person gives rise .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003ACJ372
..... contained herein to the contrary the company shall indemnify the insured against his legal liability under:the workmen's compensation act, 1923 and subsequent amendments of that act prior to the date of this endorsement, the fatal accidents act, 1855 or a common law in respect of personal injury to any paid driver whilst engaged in the ..... the motor accident, it has now come up in appeal seeking redress praying for its being exonerated from the liability to pay any amount towards the compensation and modification of the award accordingly.2. we have heard learned counsel for the appellant as well as the learned counsel representing the claimants-respondents and ..... insured holds or subsequently effects with any insurance company or group of underwriters a policy of insurance in respect of liability as herein defined for his general employees.(2) the insured shall take reasonable precautions to prevent accidents and shall comply with all statutory obligations.(3) in the event of the policy being .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1(1989)ACC397
..... the vehicle is a goods vehicle, a limit of fifty thousand rupees in all, including the liabilities, if any, arising under the workmen's compensation act, 1923, in respect of the death of or bodily injury to, employees (other than the driver), not exceeding six in number, being carried in the vehicle;4. this, in our opinion, should be the ..... liability of the insurance company alone. we, however, find from paragraph 13 of the award that the claims tribunal has assigned no reason for awarding the amount of compensation and thus the award is absolutely faulty and illegal. in fact, he does not appear to have applied his mind to legal provisions governing the case. he has ..... outer limit of the appellant's liability. the matter has now been set at rest by the supreme court in british indian general insurance company ltd .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003ACJ903
..... or damage in respect of which the claim has been made was due to any wrongful act, neglect or default of any person.explanation.-for the purpose of this section,--(i) 'workman' has the meaning assigned to it in the workmen's compensation act, 1923.(ii) 'injury' includes permanent total or permanent partial disability or sickness resulting out ..... of an accident.on a scrutiny of the aforesaid provision it is plain as day that the owner is liable to pay compensation to any person whether death or injury occurs due ..... such hazardous substance.17. in view of the said provision there remains no trace of doubt that the claimant can get compensation even if the death had not occurred due to wrong or negligent act of any person. the concept of strict liability is associated with the dealing of hazardous activities. in this connection it .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(1998)ACC667; 2000ACJ1388
..... s compensation act, 1923 (for short 'the act') and claimed rs. 2,15,000 as compensation with interest at the rate of 24 per cent per annum. the respondent-non-applicant dilip motwani remained absent and was proceeded exparte. the respondent insurance company filed written statement in oppugnation. it challenged the jurisdiction of the commissioner and pleaded that the deceased was not the employee ..... award dated 7.11.1997 passed by commissioner, workmen's compensation, indore, in claim case no. 45 of 1996 whereby the application for compensation was dismissed.2. the case of the applicant, in brief, was that her son hansmukh manilal was an employee of non-applicant-respondent dilip motwani and was earning rs ..... submitted earlier in time. the w.c. form was afterthought. it was submitted by the owner to avoid his liability of payment of compensation to the deceased's l.rs. he also submitted that this appeal is not maintainable as there is no substantial question of law involved in the matter.4 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996ACJ1107
..... us is that whether in these circumstances, the heirs can claim compensation under the motor vehicles act. the contention thus raised is mat the heirs may have a remedy under the workmen's compensation act, 1923, but they have none under the motor vehicles act, the argument raised is that the act of 1988 presupposes the use of vehicle and an accident involving ..... negligence by the use of vehicie. the act of negligence, according to the learned counsel, should form the cause ..... was going at a speed of 60 to 70 km. per hour. the witness denied this suggestion. attar singh tomar has appeared as pw 1. he is an employee of the police department attached with motor vehicles branch. he has examined the tempo on 10.12.1991. he submitted his report exh. p-1. he found the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2(1987)ACC544
..... vehicle, a limit of one lakh and fifty thousand rupees in all, including the liabilities, if any, arising under the workmen's compensation act, 1923 (8 of, 1923), in respect of the death of, or bodily injury to, employees other than the driver, not exceeding six in number, being carried in vehicle; (b) where the vehicle is a vehicle in ..... negligent in driving the vehicles and, there fore, attributed the injuries resulting in death of dulichand to the use of the motor vehicles by them. while assessing the compensation to be awarded, the dependency was assessed at rs. 6,600/- per year and assessing the expectancy of life of the deceased a multiplier of five was applied. ..... 1. this appeal under section 110-d of the motor vehicles act, 1939 is filed against the award of the motor accident claims tribunal, chhatarpur, passed in claim case no. 10 of 1977. under this award, a net amount of rs. 29,000/- has been awarded to compensation payable to respondent no. 1 as widow of deceased dulichandand an .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(1987)ACC187
g.c. gupta, j.1. this appeal filed under section 30 of the workmen's compensation act, 1923 (hereinafter referred to as the act) is directed against the order dated 31-5-82 passed by the commissioner for workmen's compensation durg in case nos. 26/80 and 27/80 dismissing the claim of the appellants on account of accidental death ..... the injury received in the aforesaid accident amarnath died on 3-5-73. since amarnath was an employee and died of employment injury, it was claimed that the appellants were entitled to pay compensation under the act. the application claiming compensation was however filed on 12-5-80 i.e. about more than 7 years after the death ..... the period of limitation.6. learned counsel for the respondents however seriously disputes the application of section 29(2) of the limitation act to proceedings before commissioner for workmen's compensation. the commissioner for workmen's compensation is not a court and that is the reason why section 115 c.p.c. has not been applied to it. .....
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