Court : Madhya Pradesh
Reported in : III(2004)ACC728
..... of 'public service vehicle'. 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', it is held that the 'inevitable conclusion, therefore, is that provisions of the ..... act do not enjoin any statutory liability on the owner of a vehicle to get his vehicle insured for any passenger travelling in a goods carriage .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008ACJ892
..... . ltd. v. ibrahim mahmmod issak 1969 acj 422 (sc), wherein this court has construed the expression 'arising out of employment' appearing in section 3 of the workmen's compensation act, 1923 and has laid down that there must be a causal relationship between the accident and the employment. mr. sanghi has urged that similarly there must be a causal ..... factor of natural calamity and hence, it would not come within the ambit of an accident as is understood within the parameters of the act and, therefore, the owner is not liable to compensate the legal heirs of the deceased and as a natural corollary, there is no justification to command the insurer to indemnify the owner.6 ..... vehicle was in use, it would tantamount to an accident under the sweep of the act and in that event claimants would be entitled to get compensation on proper adjudication and the owner and insurer would be jointly and severally liable to pay compensation in the absence of any kind of breach of conditions of policy, it is .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1990ACJ495
..... 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 (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 the vehicle;(b) where the vehicle is a vehicle, in ..... bodily injury to, any such employee--(a) engaged in driving the vehicle, or(b) if it is a public service vehicle, engaged as a conductor of the vehicle or in ..... 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 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1994ACJ579
..... the employer of 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. he has also relied on sections 51a and 51c(1) of the ..... under workmen's compensation act, on reading conjointly sections 51a, 51c and 53, e.s.i. act. the general presumption contemplated under section 51a is obviously subject to the substantive provision expressly enacted in section 51c. it will not be a case of an 'employment injury' when the injured is a passenger though he is an 'employee under the e.s.i. act', if the employer's vehicle in .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009ACJ1012
..... 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 injury to, any such employee--(a) engaged in driving the vehicle, or(b) if it is a public service vehicle engaged as a conductor of the vehicle or in ..... 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 injury to, any such employee--(a) engaged in driving the vehicle, or(b) if it is a public service vehicle engaged as a conductor of the vehicle or in examining ..... the insurer is liable only for the liability under the workmen's compensation act, 1923. thus, the liability of the insurer to indemnify the insured in respect of death of or bodily injuries suffered by the passenger or an employee would be covered by the provisions of section 147 of the act or the terms and conditions of the insurance policy.6. the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000ACJ1451
..... 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 (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 the vehicle;(b) where the vehicle is a vehicle, in ..... bodily injury to, any such employee-(a) engaged in driving the vehicle, or(b) if it is a public service vehicle, engaged as a conductor of the vehicle or in ..... 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 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008ACJ493
..... statutory coverage for 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 by insured ..... -owner of the vehicle against third party accident claim under the act are liable for compensation under the provisions of the workmen's compensation act, 1923. sub-clause (b) of section 147(1) read with the proviso lays down a statutory scheme of compulsory coverage of liability incurred by the employer, vis-a-vis, his employees when they sustain injuries by the use of motor vehicles .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009ACJ2603
..... seems to be to compulsorily cover the liability relating to their person or properties of third parties and in respect of employees of the insured employer, the liability that may arise under the workmen's compensation act, 1923, in respect of the driver, the conductor and the one carried in a goods vehicle carrying goods. on this plain understanding of section 147, we find ..... liable to indemnify the owner, the employer company, the insured, in respect of the death of one of its employees, who according to the claim, was not the driver. be it noted that the liability is not one arising under the workmen's compensation act, 1923 and it is doubtful on the case put forward by the claimant whether the deceased could be understood .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2(1997)ACC88
..... the liability in respect of death, arising out of and in the course of his employment, of the employee of a person insured by the policy arising out of and in the course of his employment (other than a liability arising under the workmen's compensation act, 1923).thus, this goes to show that the insurance co. would otherwise be not liable except under ..... would naturally fall due immediately after the death of the employee. it further provides that where employer does not accept the liability for compensation he shall make provisional payment based on extent of liability which he accepts and the same shall be deposited with the commissioner.section 4a(3) of the workmen's compensation act further provides that if the employer fails to make payment .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2007MP118
..... 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 (8 of 1923);(ii) 'injury' includes permanent total or permanent partial disability or sickness resulting out of an accident.section 4(1) every owner shall take ..... place in some of these establishments rule of law further mandates that the law made by the parliament and the rules made under such law for safety and for compensation for loss of life and property due to accident are duly observed. we are, therefore, not inclined to dismiss this writ petition on the aforesaid preliminary objection ..... currency of the policy or one year, whichever is less, shall bot exceed rupees fifteen crores in the aggregate.(2) in awarding relief under the act, the collector shall ensure that the insurer's maximum liability under the insurance police does not exceed the limits stipulated in sub-rule (1).(3) any award for relief which exceeds the amount .....
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