Court : Karnataka
Reported in : 2003ACJ1216; [2002(95)FLR1145]; ILR2002KAR4480; 2002(6)KarLJ226
..... considered the facts in issue in the right perspective. the material on record also shows that the deceased had died only on account of occupational disease. the workmen's compensation act has been a beneficial legislation to safe-guard the interests of the workmen and his legal representatives. he has relied upon the following two decisions.-placing reliance on ..... of loss of earning capacity. the bone of the contention of the company is that the occupational disease of the employee had reached stage-ii and as such the respondents were entitled for 20% of the compensation. it is needless to say that it was incumbent on the company to place convincing material to show as to ..... a recognised occupational disease. from the material on record, it is seen that exs. r. 1 and r. 2 had been prepared subsequent to the death of the employee. possibly, if the company had placed all the available medical records in this case, the case put forth by the company could have been appreciated in a better manner .....
Tag this Judgment!Court : Karnataka
Reported in : 2008ACJ1953; ILR2007KAR3482; 2007(6)KarLJ233
..... not arise at all.3. sri srinivasa brings to my notice section 2(g) and the proviso (a) of section 3(1) of the workmen's compensation act, 1923 (hereinafter called the act). the same are extracted hereinbelow:2(g) 'partial disablement' means, where the disablement is of a temporary nature, such disablement as reduces the earning capacity ..... in the case of state of gujarat v. rajendra khodabhai deshdia reported in : (1995)iiillj211guj , wherein it is held that the workman is entitled to secure compensation for the loss of earning capacity which is different from earning; earning capacity need not be confused with earning; earnings may increase on account of the general conditions ..... j.1. this appeal is directed against the workmen's compensation commissioner's order, dt. 17.01.2004 passed in w.c.no. 1140/2001. it may not be necessary to refer to the facts of the case, as it is not in dispute that the respondent-workman is an employee under the appellant and that he has sustained injury in .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997ACJ529; 1995(1)ALT499; (1995)IILLJ436AP
..... , 1987 acj 278 (m. p.) that a full bench of the madhya pradesh high court considered the following two questions :- '(1) whether in a proceeding for compensation under workmen's compensation act for the personal injury or death of an employee occurring by a motor accident, the commissioner has jurisdiction to make the award against the insurance company and (2) whether the insurer of employer ..... person entitled to get the benefit of the adjudication. we are clearly of the view that under the workmen's compensation act in proceedings under section 22 thereof the commissioner is empowered to enforce the liability of the employer to pay the compensation to the employee by directing the insurer to discharge the liability in terms of the policy which covers the liability. the commissioner .....
Tag this Judgment!Court : Orissa
Reported in : 2006ACJ690; 98(2004)CLT175; [2004(102)FLR88]; 2004(I)OLR521
..... death of a person arising out of and in the course of his employment, of the employee of a person insured by the policy, under the workmen's compensation act, 1923. it is, therefore, clear that the special provisions of the motor vehicles act in respect of the liability of the insurer must prevail over the general provisions under the ..... , or bodily injury to, any such employee;*** *** *** 'from the above it would be clear that the exceptions enumerated in the above proviso regarding the nature of liability which are ..... 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 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2003ACJ393; (SCSuppl)2003(2)CHN126; [2003(97)FLR577]; (2003)ILLJ558SC; (2003)2SCC138; [2002]SUPP5SCR642
..... compensation before the commissioner for workmen's compensation, trichy, under workmen's compensation act 1923 [hereinafter referred to as 'the compensation act']. the employer questioned the maintainability of the proceeding on the ground that section 53 of the act clearly barred entertainment of such an application. the stand was accepted by the deputy commissioner of labour and the commissioner for workmen compensation, who held that the deceased employee was coveredby the act ..... time. direction was given to the authorities under the compensation act to deal with the application.5. in support of the appeal, learned counsel appearing for the appellant submitted that the high court's approach was erroneous because the language of section 2(14) of the act makes it clear that even before an employee is registered for the purpose of insurance with the corporation .....
Tag this Judgment!Court : Delhi
Reported in : 2008ACJ2808; 2008(103)DRJ45; [2008(118)FLR816]
..... hon'ble supreme court held that:(1) payment of interest and penalty are two distinct liabilities arising under the workmen's compensation act. (2) penalty is not a part and parcel of the legal liability of the employer to compensate his employee and since the insurer is under contractual obligation to indemnify the employer for his legal liability the insurer is not liable to pay ..... section 4-a(2) of the workmen's compensation act then the one month period contemplated under section 4-a(3) would start running from the date such provisional payment becomes due. 30. but, in cases where the employer totally disputes his liability to pay on the grounds like the injured person being not his employee or that the accident was caused to him .....
Tag this Judgment!Court : Gujarat
Reported in : 2001ACJ1268; [2000(84)FLR473]; (1999)3GLR2172
..... (main), rajkot to the divisional manager of the petitioner-company calling upon the company to pay compensation under the workmen's compensation act, 1923 (hereinafter referred to as the said act or the workmen's compensation act) with interest and penalty to the heirs of deceased-kishorbhai popatbhai who was the driver of the ..... , the insurance company was liable to pay interest and penalty. hence, if the insurance company did not deposit the amount of compensation under the workmen's compensation act before the tribunal within one month, the tribunal would take appropriate action against the officer responsible for disobedience and that the order ..... the district judges and other judicial officers in the district court would prefer to be vested with such jurisdiction under the workmen's compensation act in respect of applications for compensation arising from accidents involving motor vehicles rather than writing communications - such as are impugned in the present petition - or rather .....
Tag this Judgment!Court : Mumbai
Reported in : 2004ACJ1266; 2003(4)BomCR794
..... appellant v. geetha, respondent, reported in : air1989kant104 .7. mr. chaphekar then contended that the amount of rs. 72,548/- received by the respondents under the workmen's compensation act should be deducted from the amount of rs. 2,10,000/- awarded by the tribunal. he relied upon the judgment of the apex court in gobald motor service ltd. ..... contributory negligence of the deceased. in the circumstances, it would be unjust to deduct a further sum of rs. 72,548/- received as compensation under the workmen's compensation act from the remaining amount of compensation of rs. 2,10,000/- thereby reducing it by another 1/3rd of already truncated liability. if at all the amount of rs. 72 ..... on 28th may, 1990, at about 3.30 p.m., ashok polade, an employee of the maharashtra state electricity board (for short m.s.e.b.) was driving the staff car bearing registration number m.t.w. 9347 carrying other employees of the m.s.e.b. and was proceeding to vaitarna from nasik road. near the village vilholi, .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1992KAR1640
venkatachala, j. 1. the award appealed against by the insurer is of the workmen's compensation commissioner made under the workmen's compensation act, 1923 (for short 'the wc act'). the insurer's liability under the said award to pay compensation to respondents 1 to 3, who are the dependents of deceased machale obrin, a driver of a motor vehicle, has arisen because of a policy of insurance issued ..... a motor vehicle respecting which policy of insurance was taken under the mv act suffers bodily injury or dies and the claim for compensation in that regard is preferred by the driver, conductor or employee or the dependents, as the case may be, under the wc act, the claim has to be restricted to the liability of the employer and the insurer of such employer .....
Tag this Judgment!Court : Karnataka
Reported in : I(2004)ACC536; ILR2003KAR4825
..... his submission.'this writ petition is for the purpose of directing insurance company to delete the clause in the insurance policy which provides that in cases of compensation under the workmen's compensation act, 1923, the insurance company will not be liable to pay interest. we see no substance in the writ petition. there is no statutory liability on ..... the appellant/ insurer in respect of the subject matter of insurance i.e., liability of an employer arising out of death of or bodily injury to an employee during the course of employment while engaged in construction work. hence, there is no statutory compulsion to the appellant to coyer all liabilities of the employer in ..... the liability of interest in respect of the subject matter of insurance i.e, liability of an employer arising out of death of or bodily injury to an employee while engaged in construction work.(ii) if not, whether the said liability of interest is factually covered under insurance policy?6. re point no. (i) statutory .....
Tag this Judgment!