Court : Rajasthan
Reported in : RLW2008(2)Raj1092
..... injury to, any such employee-(a) engaged in driving the vehicle, or(b) if it is a public service engaged as conductor of the vehicle or in examining tickets on ..... 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) in respect of the death of, or bodily ..... total disablement/permanent partial disablement and percentage of loss of earning capacity shall be as per schedule i under workmen's compensation act, 1923.17. according to note 5(b), in case of permanent partial disability such percentage of compensation which would have been payable in case of permanent total disability is specified in item (a) above should .....
Tag this Judgment!Court : Rajasthan
Reported in : (1993)IILLJ961Raj
..... we find, however, that there is no conflict. the learned single judge of the rajasthan high court in poonam talkies, dausa v. presiding officer, (labour court, jaipur (s.b. civil writ petition no. 1206/85) decided on 9th june 1986 so. that decision has been upheld by the division bench of the rajasthan high court in the instant ..... can award monetary compensation or both. by virtue of sub-section (5) of section 28a, the order of theauthority has been treated as final. rule-24-b, deals with the procedure which is required to be followed in deciding the complaint filed by an employee under section 28a (2) of the act.19. from the perusal of the provisions contained ..... that the employer must give a notice of dismissal or discharge to the employee. this provision puts a fetter on the right of the employer to dismiss or discharge an employee who has been in continuous employment for a period of six months, without giving one month's notice or wages in lieu thereof and without a reasonable cause. by .....
Tag this Judgment!Court : Rajasthan
Reported in : 1992(1)WLC452; 1992(1)WLN500
..... can award monetary compensation or both. by virtue of sub-section [5] of section 28a, the order of the authority has been treated as final. rule-24-b, deals with the procedure which is required to be followed in deciding the complaint filed by an employee under section 28a (2) of the act.20. from the perusal ..... rajasthan shops and commercial establishment act, 1958 cannot be held applicable to such employees. shri pathak placed reliance on the decision of this court in b.n.k. sahkari wholesale upbhokta bhandar ltd. v. prescribed authority under the rajasthan shops and commercial establishment act, 1986 rlr 302.8. s/shri praveen balwada and s.k. kaushik; learned counsel ..... should have effect.13. the same question was again examined in u.p. state electricity board v. h.s. jain air 1979 sc 65. in that case, the question which arose was, as to whether (standing orders) act, 1946, prevail as against regulations regarding the age of superannuation made by the electricity board under the specific .....
Tag this Judgment!Court : Rajasthan
Reported in : 2007ACJ904
..... additional premium. it is not a case of third party accident so far as respondent no. 5 is concerned but under the workmen's compensation act, 1923. moreover, under the provisions of section 3 of workmen's compensation act, 1923 it is only in cases where personal injury is caused by accident which has arisen out of and in the course of ..... india assurance co. ltd., respondent no. 5, would be held liable then liability may be fixed only to the extent of the liability as prescribed under the workmen's compensation act, 1923.4. i have given my anxious consideration on the submission made at the bar. from the perusal of the cover note issued by new india assurance co. ..... ltd., respondent no. 5, in respect of the motor vehicle no. rrl 1387, which was being driven by the deceased as a paid employee for the respondent nos. 4 and 4 (a) which met with an accident involving a truck bearing registration no. rjt 3497 insured with national insurance co. ltd., respondent .....
Tag this Judgment!Court : Rajasthan
Reported in : (1990)ILLJ302Raj; 1988(2)WLN598
..... arise, or where fundamental right is affected, the bar of alternative remedy goes. here, this is not the case. appeal lies with regard to sales tax act, payment of wages act and workmen's compensation act, which require deposit of the amount before preferring an appeal. in george peter (c) v. its workmen, (1962-i-llj-484) a writ of certiorari ..... statute. any liability arising in the course of and out of employment may be safe-guarded by having a policy of insurance covering such a risk insuring the employees working in the establishment. a prudent businessman is supposed to take such steps so that in the event of accident he may keep the risk covered by ..... appeal was available to the petitioner. in that case it was further observed that if individual employees are permitted to flood this court with such petitions, that would not only make the mechanism provided under the payment of wages act for such purposes ineffective but also result in the abuse of the jurisdiction of this court under .....
Tag this Judgment!Court : Rajasthan
Reported in : II(1992)ACC429; 1992ACJ543; (1999)IIILLJ585Raj; 1991(2)WLC335; 1991WLN(UC)315
..... by the insurance company under section 94 of the motor vehicles act. section 94 of the motor vehicles act provides that such a policy covers a liability arising under the workmen's compensation act, 1923 in respect of death or bodily injury to an employee. even the policy issued by the insurance company contains the ..... . madan gopal and smt. pana devi - the dependants of the deceased balu ram filed a claim petition under section 19 of the workmen's compensation act before the workmen's compensation commissioner, bikaner. the case of the claimant-dependant was that on may 30, 1985, at about 4.15 p.m. uma shanker, ..... endorsement no. 16 which also, provides that in consideration of the payment of the additional premium, it is hereby understood and agreed that notwithstanding anything contained herein to the contrary, the company shall indemnify the insured against his legal liability under the workmen's compensation act .....
Tag this Judgment!Court : Rajasthan
Reported in : [2003(97)FLR538]; RLW2003(1)Raj634; 2003WLC(Raj)UC132
..... by this endorsement, the appellant insurance company agreed to indemnify the insured employer smt. santosh for her liability under the workmen's compensation act, 1923 in respect of personal injury to the driver and the cleaner. in view of the aforenoticed contractual coverage of the liability, the appellant insurance ..... an additional premium, the insurance company agreed to indemnify the insured against his legal liability under the workmen's compensation act, 1923 and subsequent amendment of the act prior to the date of the endorsement, the fatal accident act, 1855 or at common law in respect of personal injury to any paid driver or cleaner.10. ..... herein to the contrary the company shall indemnify the insured against his legal liability under the workmen's compensation act, 1923 and subsequent amendment of the act prior to the date of the endorsement, the fatal accidents act 1855 or at common law in respect of personal injury to any paid driver or cleaner or .....
Tag this Judgment!Court : Rajasthan
Reported in : 2000ACJ54; (1998)IILLJ744Raj; 1998(2)WLC205; 1998(1)WLN16
..... dated november 23, 1993.6. feeling aggrieved by the order dated november 23, 1993 passed by the commissioner, workmen's compensation act, sirohi, this appeal has been filed u/s 30 of the workmen s compensation act, 1923.7. during arguments, the learned counsel, for the appellant gave up the request for setting aside the whole of ..... this penalty amount is concerned it cannot be said that it automatically flows from the main liability incurred by the insured employer under the workmen's compensation act. to that extent such penalty amount as imposed upon the insured employer would get out of the sweep of the term liability incurred' by the ..... of these two statutory schemes, therefore, the conclusion becomes inevitable that when an employee suffers from a motor accident injury while on duty on the motor vehicle belonging to the insured employer, the claim for compensation payable under the compensation act alongwith interest thereon, if any as imposed by the commissioners under section 3 and .....
Tag this Judgment!Court : Rajasthan
Reported in : 1996ACJ115; [1995(70)FLR800]; (1995)ILLJ845Raj; 1994(2)WLC573; 1994(2)WLN164
..... the reference and upon which reliance has been placed by the learned counsel for the petitioner in support of the proposition that a workmen's compensation commissioner acting under the provisions of the workmen's compensation act, 1923, functions as a civil court, mohanlal prabhuram v. fine knitting mills co., ltd air 1960 bom 387 is a judgment of ..... a court and a tribunal appointed to exercise jurisdiction in special matters only. it was further influenced by the question if a commissioner appointed under the workmen's compensation act was a persona designata as decided by full bench of the patna high court in mt. dirji v. smt. goalin air 1941 patna 65 wherein their ..... between a tribunal and a civil court, recognised by the apex court in a.c. companies v. p.n. sharma (supra). to our mind compensation commissioner under workmen's compensation act is not a 'court' in the normal hierarchy of courts; it does not deal with general disputes but deals with only specified nature of cases: .....
Tag this Judgment!Court : Rajasthan
Reported in : (2004)ILLJ767Raj
..... s compensation act is towards the injured workman and ex hypothesi stands determined at the time of accident. on such ex-hypothesi determination of liability, it becomes a debt payable by the employer to injured workman. the corresponding right vests in the workman to receive such compensation. such debt of the employer, which he owes to the employee ..... a stone on her head under which she was crushed and thereafter, she died. the compensation claim under workmen's compensation act was filed by her husband the respondent. the workmen's compensation commissioner determined the amount of compensation payable to husband and two children of deceased, on admitted facts that smt. manaki was ..... the compensation under section 8 of the act after the amount of compensation is deposited with it.4. though, the plea of negligence on the part of employee was taken for denying its liability by the employer, but was not accepted by the workmen's compensation commissioner.5. with these facts, the compensation .....
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