Court : Madhya Pradesh
Reported in : [2000(85)FLR860]; (2000)IIILLJ1249MP
..... the appellants/applicants under section 30 of the workmen's compensation act, 1923 (henceforth the act) against the award dated december 30, 1997 passed by the commissioner for workmen's compensation-cum-labour court, shahdol (henceforth the commissioner) in case no. 31 of 1996, whereby the claim of the appellants for compensation regarding the death of abdul rashid has been dismissed.2 ..... is entitled to take judicial notice of these facts of life. it appears to have been accepted by the commissioner that lack of this facility requires the employees to go out to the way for easing themselves but the learned commissioner has said that going to the river for easing was not proved to be the ..... common practice on the part of the employees of the railways as well as abdul rashid and therefore, the inference has to be drawn that the appellants have failed to prove their case. in the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(1)MPHT573
..... the basis of submission we consider that justice should not be denied to any person and now the petitioner wants to resort to the remedy under the workmen's compensation act, we permit the petitioner to avail the remedy as may be available under the law and as may be advised.10. in view of above the petition is ..... the civil court is not to be treated as excluded. apart from this the workmen's compensation act is a special act and section 10 deals with the claims. learned counsel submitted that he may be permitted to avail the remedy under the workmen's compensation act, 1923 as the petitioner was pursuing the remedy as he was advised under the forum ..... under the railways claims tribunal act and for the delay the commissioner under the fifth proviso has the ample power to condone the delay .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1993ACJ157; (1993)ILLJ404MP
..... (for short, the 'corporation'), has preferred this appeal under section 30 of the workmen's compensation act, 1923 (for short, 'the act'), against an order dated june 11, 1982 passed in case no. 1 of 1980, n.f., by the commissioner for workmen's compensation, labour court, ujjain, awarding the respondent-claimant compensation of rs. 17,640 and interest at the rate of 6 per cent, per ..... . hospital, indore, where he remained under treatment for four months and 18 days. thereafter, the workman on january 16, 1978 filed an application under section 22 of the act before the commissioner for workmen's compensation, indore (for short, 'the commissioner, indore'), who issued notice to the corporation. the corporation denied liability without taking any objection to territorial jurisdiction to entertain the application .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1986]59CompCas919(MP); (1984)ILLJ186MP
..... the learned commissioner, on evidence on the basis of the issues arising between the parties, found that the deceased, daulat, was a workman as defined in the workmen's compensation act; that daulatsingh was employed as driver by respondent no. 3, madhusudan, on june 10, 1975 ; that the deceased received injury by accident arising out of and in ..... the terms of the said policy the appellant insurance company has agreed to indemnify the employer, in consideration of the payment of additional premium under the workmen's compensation act, 1923, still that condition has to be read as a whole inasmuch as it is only in the case of an accident to a vehicle driven by ..... deceased was driving the tractor from badwani to party, the tractor overturned and in the said accident, the deceased died on the spot. the deceased admittedly was an employee of respondent no. 3, madhusudan.3. according to the claimants, the accident occurred arising out of and in the course of the employment of their son, daulat. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : III(2005)ACC705; 2006ACJ139
..... of death, the age of deceased rajendra singh was 21 years. the claimants filed an application under section 4 of the workmen's compensation act, 1923, before the commissioner, workmen's compensation and claimed rs. 89,084 as compensation. claimants also claimed rs. 25,000 towards loss of consortium to claimant-appellant no. 1 and rs. 25,000 towards pain ..... vehicle has not produced any legal evidence and the record to demonstrate that deceased was having valid driving licence for driving heavy vehicle and he was an employee of the owner of the vehicle. the learned commissioner after appreciating the oral and documentary evidence gave a finding that driving licence was not proved and ..... name of each driver, cleaner, conductor or person employed in loading and/or unloading and the amount of wages salary and other earnings paid to such employees and shall at all times allow the company to inspect such record. no such record was filed before the learned commissioner nor any intimation was given to .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1994ACJ334; (1999)IIILLJ437MP
..... working as traffic incharge inside the mines, died in the course of his employment on september 4, 1983 and as per the definition of 'workman' under the workmen's compensation act, 1923, a workman is any person employed on monthly wages not exceeding one thousand rupees and that the monthly wages of the deceased exceeded rupees one thousand. it ..... be allowed to operate to the disadvantage of the deceased employee in pending case of compensation in view of the amending act no. 22 of 1984 which being a piece of welfare legislation should be given retrospective effect to the benefit of the employee in determining his entitlement to compensation in a pending matter.9. the learned counsel for the ..... and fatigue in doing the work and that the strain led to the coronary condition. relying on this decision, i hold that the death of the deceased employee occurred on account of personal injury in an accident arising out of and in the course of his employment in this view of the matter agreeing with the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(1991)ACC222; 1992ACJ736; (1999)IIILLJ281MP
..... true employer vis-a-vis the deceased workman, so as to hold him legally liable for compensation under the act.3. this is an appeal under section 30 of the workmen's compensation act, 1923 (herein referred to as 'the act') filed by the insurance company against the order dated january 18, 1988 passed by the commissioner ..... , workmen's compensation, ujjain in w.c. case no. 17 of 1983, whereby the learned commissioner has awarded rs. 23,100/- as compensation against all the three ..... haidarali was employed as a cleaner but the deceased haidarali was appointed and paid his salary by kesuram, respondent no. 4.17. the act envisages employer's liability for compensation. the learned commissioner by rejecting the evidence of transfer of the truck by the registered owner kalimuddin, has apparently treated kalimuddin as the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1995ACJ1002; (1995)ILLJ837MP
..... orders.k. dubey, j.1. this is an appeal under section 30 of the workmen's compensation act, 1923, for short, the 'act', against the award dated december 19, 1991, passed in case no. 5/91 mca (fatal), by the commissioner for workmen's compensation, gwalior for short, the 'commissioner'.2. it is not in dispute that the respondents/claimants are ..... is statutorily fixed under section 4-a(3), the interest cannot be awarded on a higher rate, even the provision is made for the benefit of the employee, the rule of beneficial construction that beneficent legislation should be interpreted in favour of the person for whose benefit the enactment has been framed cannot be applied, ..... is a beneficial provision made for the benefit of the employee, having regard to the scheme of the act, the provision for payment of interest and of penalty have been enacted with a view to deter the employer from taking false pleas and avoiding payment of the compensation which becomes payable.10. however, if it is shown .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1989(59)FLR788]; (1995)IIILLJ234MP
..... be the basis of awarding compensation.7. it is true that the workmen's compensation act is a welfare legislation intended to give benefit to the workmen suf-feping employment injuries. it is also true that because of this message of social justice, this court does not insist on strict proof of facts from the employees. this is, however, ..... appeal under section 30 of the workmen's compensation act, 1923 (hereinafter called 'the act'), against the award dated july 20, 1984 passed by the commissioner for workmen's compensation (labour court), jabalpur, in w.c.c. case no. 51/81 (n.f) awarding the sum of rs. 9,676.80 as compensation in favour of the respondent. the ..... not to say that the legislation should be permitted to be used for entertaining false claims and conferring undeserved benefits. the act, in the opinion of this court, imposes corresponding obligation on the employees to obtain benefit honestly. under the circumstances, it is the bounden duty of this court not only to see that no .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP329; (1960)ILLJ184MP
..... passed by shri c. b. kekre, district judge, and commissioner under the workmen's compensation act, chhindwara, refusing to award the amount of compensation in favour of either of the appellants namely, mst. intiyajbi or mst. kulsumbi.3. one sheikh ibrahim, who was an employee of the newton chikli colliery, met with an accident on 10-12-1954, as ..... he was entrapped in a mine pit, which got flooded. as a result, he was drowned and he died. the managing director of the colliery filed a statement before the commissioner, under the workmen's compensation act praying that the amount of compensation calculated ..... doing any work or business. she was solely dependent on the deceased, but the view that i take of section 2(d) of the workmen's compensation act, rules out the grand-mother's claim in the present case altogether, in spite of thefact that she was solely dependent on the deceased. according to me, the mother, in .....
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