Court : Madhya Pradesh
Reported in : (1998)IIILLJ1114MP
..... , counsel for the respondents.2. this is an appeal under section 30 of the workmen's compensation act, 1923 (hereinafter referred to as the act) against the award dated april 9, 1992 passed by the commissioner for workmen's compensation, jabalpur in case no. wc/ 78 of 1990 (n.f.) awarding compensation of rs. 27, 493/-, to the claimant / respondent no. 1 and cost of rs. 150 ..... 30 days, in default to pay penalty @ 15% and to pay interest @ 12% on the compensation amount under section 4a of the act.3. the claimant/respondent no. 1 moved an application before the commissioner for workmen's compensation for grant of compensation on the ground that he was an employee of respondent no. 2 and in course of his employment on april 12, 1990 he .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1979MP21
..... our opinion, is not a court within the meaning of section 115 of the code of civil procedure and an order passed by him under section 19 of the workmen's compensation act is not revisable by the high court.10. the view taken by us was also taken by shiv dayal, j. (as he then was) in general manager, ..... high court within the meaning of section 115 of the code of civil procedure. although these decisions do not deal with the position of the commissioner under the workmen's compensation act, yet the principles laid down in them are fully applicable here. the main question is whether the word 'court' in section 115 of the code of civil procedure ..... 'court' in section 115 is restricted to civil courts and does not include tribunals.9. we have already referred to the relevant provisions of the workmen's compensation act. the commissioner appointed under this act is a tribunal, and not a civil court. the provisions of section 19(2) to he effect that no civil court shall rave jurisdiction to settle, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001ACJ1276; [2001(89)FLR52]; (2001)ILLJ788MP
..... file.7. shri naman nagrath, learned counsel for the appellants submitted that award is not sustainable. the same is beyond the scope of section 3(1) of workmen's compensation act, 1923. elaborating the contention, learned counsel submits that accident must arise out of and in course of the employment. deceased did not die during the course of employment. ..... . with this background, the court had ruled that 'accident arising out of and in the course of his employment' could be extended notionally to cover such employees from the stage the journey for the place of duty starts. in the present case, in the light of interpretation placed by apex court in decision regional director, ..... no causal connection between the accident and the employment. it is further held that if 'employment' begins from the moment the employee set out from his house for the factory, then even if the employee stumbles and falls down at the door step of his house, the accident will have to be treated as to have taken place .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(2000)ACC154; 2001ACJ2028; [2000(85)FLR464]; (2000)ILLJ1386MP
..... shambhoo singh j.1. this is an appeal filed under section 30 of the workmen's compensation act, 1923 (for short 'the act') by the insurance company against the order dated november 13, 1998 passed by workmen's compensation commissioner, indore, in fatal case no. 71/99.2. the facts to this appeal, in short, are that rajaram the husband of ..... the l.rs. of the deceased his widow and sons filed application under section 10 of the act for grant of compensation as the deceased died due to accident which arose out of and in course of employment against respondent no. 1 employee and appellant insurance co. respondent no. 1 remained absent. he was proceeded ex parte. appellant ..... out of employment. the argument that when the deceased asked veersingh not to hurl abuses, he was not in the employment and was not discharging his duties as employee of respondent no. 1, is without substance. shri dubey submitted that the accused hurled abuses due to the parking of the truck there. the deceased and the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(1994)ACC267; 1995ACJ877; (1995)ILLJ910MP
..... rs. 140/- per month.2. the appellants, who are parents of the deceased, approached the commissioner of workmen's compensation under workmen's compensation act, 1923 (in short 'the act'), claiming compensation for the death of the workman. the commissioner of workmen's compensation, by the impugned order dated january 31, 1983 rejected the claim filed by the parents, holding that since the ..... a similar nature as reproduced below:-'10. the third contention of mr. n. bhat-tacherjee is that since the father of the deceased workman was a grade iv employee working in the office of the sub-divisional officer, he cannot be treated as a dependent of the deceased workman. clause (d) of sub-section (1) of ..... is true, more particularly in case of persons having low income. the father of the deceased workman was only a grade iv employee. i can take judicial notice of the fact that grade iv employees are not paid to have a decent living. so, i can safely come to the finding that the father of the deceased .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003ACJ166; (2002)IILLJ224MP; 2002(1)MPLJ279
..... no judgment within the meaning of clause 10 of the letters patent from which to appeal. there is only an award made pursuant to the provisions of the workmen's compensation act. it may be that the result is unfortunate, but that can be set right by legislation.'9. mr. pendharkar is right, when he submits that in the ..... 1998 passed in misc. appeal no. 613/96 by a learned single judge of this court whereby the appeal preferred by him under section 30 of the workmen's compensation act had been dismissed, has preferred this appeal.2. according to the appellant, he was: working as a labourer for digging well in agricultural field of the respondents ..... having lost movability of his legs and had to suffer amputation of toe of one of the legs. he filed application claiming compensation under: section 23 of the workmen's compensation act, hereinafter referred to as the act.3. respondents contested the claim of the appellant and denied that the appellant was, engaged as a labourer on the alleged date .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(1993)ACC94; (1994)IILLJ352MP
..... commissioner was not proper and he has failed to consider the material piece of evidence and has further failed to consider documentary evidence proviso to section 30 of workmen's compensation act reads as follows: 'provided that no appeal shall lie against anyorder unless substantial question of law is involved in the appeal and, in the case of an order ..... whole of the evidence of all these witnesses. 5. dw 1 bihari lal has tried to state that applicant was a casual visitor and was not a regular employee, but on the date of his evidence it appears he was in the employment of the ap-pellant-na and to that extent he appears to be an interested ..... perverse. p.w. 6 dr. indrajeet singh has stated about the injuries sustained by the applicant. thus applicant stands corroborated from the medical evidence as well. the compensation awarded appears to be on the lower side, but neither there is any cross objection nor anybody appeared to argue the case on behalf of respondent applicant and therefore, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1957MP49
..... dispute any longer.3. the appeal of the employer is directed only against the finding that damodar falls within the definition of 'workman' given in the workmen's compensation act. according to the employer, both the learned commissioner as well as the learned single judge have erred in holding that damodar can be described as a workman within ..... an order passed by deo j. in miscellaneous (first) appeal no. 160 of 1951 on 9th march 1953. the matter arises out of proceedings under the workmen's compensation act, and the present appellant (now deceased and represented by his heirs) was the employer against whom the orders of the learned commissioner and that of the learned single ..... connected with the employer's business as to be contemplated by the definition. in that case the farmer who was living in a thatched house for the purposes of his business employed a workman for thatching the roof. the employee fell off the roof and was killed and was held entitled to compensation and was taken to .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1998ACJ274; AIR1997MP70; 1997(1)MPLJ119
..... with fine, or with both. explanation -- in this section, (and section 82hh) the word 'dependant' has the meaning assigned to it in clause (d) of section 2 of the workmen's compensation act, 1923.' 6. shri v. p. verma, learned counsel for the appellants, conceded that within the definition of 'dependent' as defined in the w.c ..... the claimants are not 'dependant' within the meaning assigned to it in clause (d) of section 2 of the workmen's compensation act, 1923 (for short the w.c. act). on the evidence adduced by the parties, the claims commissioner held that the two deceased were bona fide passengers holding ticket nos. 6518 and 6519 who died on 15th september, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996(0)MPLJ988
..... account of it being not kept in proper running condition. the question raised is that the claimants could not claim any compensation under the motor vehicles act, 1988 though they could have sought their remedy under the workmen's compensation act, 1923. it is this issue which is also being examined in this appeal. before doing so, facts in brief be ..... was going at speed of 60 to 70 km. per hour. the witness denied this suggestion. atarsingh tomar has appeared as p.w. 1. he is an employee of the police department attached with motor vehicle branch. he has examined the tempo on 10-12-1991. he submitted his report (ex.p. 1). he found the ..... is that whether in these circumstances, the heirs can claim compensation under the motor vehicles act. the contention thus raised is that 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 .....
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