Judgment Search Results Home > Cases Phrase: employee s compensation act 1923 chapter 1 preliminary Page 11 of about 49,838 results (0.407 seconds)

Shah Vs. Rajankutty

Court : Kerala

Reported in : I(2006)ACC783; 2006ACJ793; [2005(107)FLR702]; 2005(3)KLT1014

..... in fenton v. thorley (1903 ac 443), must now be accepted in all cases turning on the construction of the phrase 'injury by accident' used in the workmen's compensation act, 1906, as its true meaning, namely, 'an unlocked for mishap or an untoward event which is not expected or designed'. it must exclude disease. what is 'unlocked ..... not expected or designed'. while explaining the word 'accident' contained in the workmen's compensation act in england, lord atkinson had observed as follows in clover, clayton & co. ltd. v. hughes (1910 ac 242):'i think, the meaning put upon the word ..... and, therefore, it is a natural death and it is not due to an accident arising out of his employment. accident is not defined in the workmen's compensation act, 1923. therefore, the word 'accident' should be understood in the popular and ordinary sense as denoting 'an unlocked for mishap or an untoward event which is .....

Siddappa Vs. the General Manager, K.S.R.T.C. and anr.

Court : Karnataka

Reported in : II(1988)ACC539; (1993)IIILLJ457Kant

..... the description of the injury fell under sr. no. 19 of schedule i and part ii of the workmen's compensation act, 1923 (hereinafter called 'the act') and that percentage of loss of earning capacity was 60% and awarded a compensation of rs. 20,160/- as against the claim of rs. 33,600/-. the corporation did not appeal ..... a workman employed as a driver in thekarnataka state transport corporation, bangalore (hereinafter called 'the corporation') against the award passed by the commissionerfor workmen's compensation and labourofficer, hubli sub-division, hubli (hereinaftercalled 'the commissioner') on 16.8.1985 in no.wca/nf/28/1983 wherein he held that theappellant is entitled ..... the grievance of the appellant is that he ought to have been awarded 100% of the permanent total disablement compensation.4. the undisputed facts of the case, briefly stated, are these:the appellant was an employee of the corporation and on 16-7-1983 while he was driving bus bearing registration no. myf 8830 from .....

Pusa Rajamma and Another Vs. Chief Engineer, K.T.P.S., Polancha

Court : Andhra Pradesh

Reported in : 2001ACJ1586; 1999(5)ALD516; 1999(5)ALT709

..... nature of work the deceased was performing. hypertension of the workers in stone crushing plant is also not an occupational disease as mentioned under schedule iii of the workmen's compensation act. besides, it could not be proved at all that there was an accident of the deceased for which there was a brain haemorrhage and he expired. hence, ..... arising out of and in the course of his employment.8, in similar circumstances, the orissa high court, also had an occasion to interpret section 3 of the workmen's compensation act in a decision swarnalatha samal and others v. choudhury kanduri charan das, : (1996)illj7ori . the widow of rasananda samal, claimed that on 27-7-1987 her husband ..... citylimited in slag granulation plant, and while he was on duty he died on 30-6-1979. the respondent filed an application under section 3 of the workmen's compensation act, stating infer alia, that her husband died on 30-6-1979 in a fatal accident while he was employed as a driver in the slag granulation plant .....

Banto Bhaskar Rao Vs. Purna Suna and ors.

Court : Orissa

Reported in : II(2003)ACC625; 2004ACJ1411; (2003)ILLJ920Ori; 2003(I)OLR33

..... what has been decided in the above decisions, we are unable to accept the contention of shri pal that third proviso of section 30(1) of the workmen's compensation act is opposed to article 14 of the constitution of india or violatiye of article 19(1)(g) of the constitution of india. the other (question raised by ..... only it has provided for pre-deposit of gratuity amount. so far as the present provision is concerned, it has to be kept in view that the workmen's' compensation act is a beneficial legislation: the dependants of the workman who suffers fatal injury or the workman who gets a grave physical injury in the course of employment are ..... for a declaration that third proviso to section 30(1) of the workmen's compensation act, 1923 (hereinafter referred to as 'the act') is ultra vires of the constitution of india and for a further declaration that despite availability of an alternative statutory remedy under the act the petitioner has a legal right to invoke the writ jurisdiction and for .....

Mayfield Estate Nallakottah Nilgiris Vs. Krishnan

Court : Chennai

Reported in : [1984(48)FLR102]; (1985)ILLJ483Mad; (1983)IIMLJ439

..... counsel for the appellant. domjee v. maung mia sein (supra) states as follows : 'the purpose of the workmen's compensation act in awarding compensation is not to give solatium to a relative of a person who is an employee and has been fatally injured, but something to replace the actual loss which he or she has suffered. the question ..... m. habeebulla maricar v. periaswami (supra). that was also a case of a claim for compensation. the full bench held at paras 4 and 5 of : (1977)iillj322mad : 'the concluding part of the s. 2(1), clause (n) of the workmen's compensation act which states that any reference to a workman who has been injured, shall, where the workman ..... , whether any person other than a dependent can file a petition under the workmen's compensation act for requiring adjudication as to the claim in relation to the deceased workman. admittedly in this case, the respondent's wife died in the course of employment. compensation came to be fixed at rs. 19,200/-. it is this order which is .....

Hastimal Vs. A. Arjunan

Court : Chennai

Reported in : I(1993)ACC235; 1992ACJ762; [1992(65)FLR266]; (1993)IILLJ55Mad; (1995)IIILLJ418Mad; (1992)IMLJ547

..... within the four corners of the definition of 'workman' as adumbrated under section 2(1)(n) and schedule ii of the workmen's compensation act, 1923 (for short 'the act'). he would further submit that the awarding of compensation in a sum of rs. 13,440 is not backed by valid reasons, in the sense of the order not indicating the method ..... order. aggrieved by the said order, the firm came forward with present action.6. learned counsel for the appellant firm would strenuously contend that the commissioner for workmen's compensation committed a grave error on facts by the perverse appreciation of the materials available on record, besides error of law, by not giving a proper legal fitment to the ..... which mr. hastimal is a partner. one a. arjunan is said, are to be paid on daily basis and daily wages amounts to rs. 12. however, the said employee, calculating the wages he earned in a month, fixed the same only at rs. 288 thereby indicating that he had been provided with work for a period of 24 days .....

Rajanna Vs. Proprietor, Cupid Food Product

Court : Karnataka

Reported in : 2003ACJ250; [2003(96)FLR446]; ILR2002KAR1256; 2002(6)KarLJ191

..... of the motor vehicles rules, 1989 it was said an employee of owner of vehicle if travelling in course of employment even as a spare driver not actually driving the vehicle at the time of the accident is entitled to compensation under the workmen's compensation act. it was further held, when once the disablement renders the ..... one has to see what exactly the intention of the legislature was while making the legislation under workmen's compensation act. there is no doubt that the workmen's compensation act is a welfare legislation like e.s.i. act and m.v. act. these special enactments were made to provide speedy disposal of the matters involving less financial burden to ..... not be able to lift heavy articles. he denies the suggestion that he does not have 40% permanent disability. 16. section 2(1)(i) of the workmen's compensation act is relevant to decide the real question of controversy. it deals with the definition of total disablement. it reads as under; ' 'total disablement' means such .....

British India General Insurance Company, Ltd. Vs. Sabanna and ors.

Court : Mumbai

Reported in : (1969)IILLJ300Bom

..... argument. all that sub-section (2)(a) provides is that the upper limit of the liability arising under the workmen's compensation act, 1923, in respect of the death of, or bodily injury to employees must be confined to the number of injured persons not exceeding six. we are not concerned to see what was the ..... the insured and in respect of whom the insured is under a liability to pay compensation under the workmen's compensation under the workmen's compensation act. the proviso, therefore, lays down that if the risk is to extend to an employee of the insured, then certain conditions laid down therein must be fulfilled. the relevant condition with which ..... : (a) where the vehicle is a goods vehicle, limit of twenty 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 : (b) * * * (c) * * *' 7. .....

National Insurance Company Ltd., Palai Vs. Philomina Mathew and ors.

Court : Kerala

Reported in : 1993ACJ1166; AIR1993Ker226; (1999)IIILLJ251Ker

..... to his bus but also in relation to other buses at the same bus-stand. in other words, he contended that there was no relationship between employer and employee and, therefore, the workmen's compensation act was not applicable. alter-natively, he contended that even if he was liable, the insurance policy taken out by him would make the insurance company liable. 4. the ..... of this case, the position is as follows (a) the deceased workmen was an employee of the vehicle-owner who owned the stage carriage. the accident occurred in the course of employment. the employer was therefore liable under the workmen's compensation act, 1923 for rs. 51,256.20. under section 14 of that act, the insurer was liable only if section 14 of that .....

Oriental Insurance Co. Ltd. Vs. Dyamavva and ors.

Court : Supreme Court of India

..... procedure envisaged in section 8 of the workmens compensation act, 1923, can be invoked only by the employer for depositing compensation with the workmens compensation commissioner. consequent upon such suo motu deposit of compensation (by the employer) with the workmans compensation commissioner, the commissioner may (or may not) summon the dependants of the concerned employee, to appear before him under sub-section (4) of section 8 aforesaid ..... aforesaid, where an employer has not suo-motu initiated action for payment of compensation to an employee or his/her dependants, inspite of an employee having suffered injuries leading to the death, it is open to the dependants of such employee, to raise a claim for compensation under section 10 of the workmens compensation act, 1923. sub- section (1) of section 10 prescribes the period of limitation .....