Court : Karnataka Dharwad
..... accepted at all for the following reasons :- the hon ble supreme court in the case of mukund dewangan vs oriental insurance co. ltd. [2016 (4) scc298 has referred to the statement of objects and reasons for bringing amendment to act of 1988 in relation to section 10 of the motor vehicles act. the said reasons are as follows ..... in matters arising under workmen s compensation act or employees compensation act, the same defence can be taken by the insurance company. if there is gross violation of policy conditions, it is not under an obligation to indemnify the liability of the insured. section 143 of motor vehicles act states so.13. in the case on hand, the ..... raised substantial :13. : questions of law, but in the light of the arguments, the following substantial questions of law can be formulated:- i. whether even after amendment to section 10 (2) of the motor vehicles act 1988, the endorsement on the driving licence, ex.p8, authorizing the driver to drive transport vehicle can be construed .....
Tag this Judgment!Court : Karnataka Dharwad
..... ) when section 87 of karnataka education act, has fixed same :245. : parameters for both the employees namely employees working in educational institutions receiving grant from the state will be the same as those applicable for corresponding category of employees in any state institutions, same cannot be whittled down by the amending act that too, retrospectively and particularly when the provisions of existing act has been interpreted ..... standard of education and reduce the burden of the management by giving the salary grant teaching and non- teaching staff. to employees and whereas, the government in order no.ed65ses62dated 24.08.1963 introduced the karnataka state aided schools contributory provident fund-insurance-pension scheme (triple benefit scheme) rules to regulate pensionary benefits of aided institutions coming under the ambit of primary and .....
Tag this Judgment!Court : Karnataka Dharwad
..... in goods vehicle, when th at vehicle mee ts with an accident. in af ter under cl aims covered the3) the motor vehicles act, prov isions of f rom amendment 1988, insurance 14.11.1994 company is liable to pay compe nsation for the injury sustained or de ath caused to o wner of the goods or his au thorised representative c ..... in the rule under the statu te and as the only person, who is permitted to c arry in goods vehicle is the owner or hirer or bona f ide employee of owner or hirer and to tal number of such persons, who could be c arried in goods vehicle is no t more than seven includ ing the driver. c ..... for awarding compensation. the age of the deceased is considered as 32 years as per the postmortem report ex.p.4. as per the guidelines 22 issued by the karnataka state legal service authority for settlement of cases before lok adalat, the notional income of the deceased, for the accident of the year 2007, has to considered at `4,000/- per .....
Tag this Judgment!Court : Karnataka Dharwad
..... capacity only at 90% and the said finding is perverse and therefore, it is liable to be fixed at 100%. thirdly, he contended that in view of amendment to the employee s compensation act, 1923 and incorporation of sub-section (2a) to section 4 of the act, the claimant is entitled to re- imbursement of the amounts ..... tractor bearing registration no.ka.49/t-5023 belonging to respondent no.1/girish subhash dhavaleshwar (respondent no.1 before the commissioner) and insured with respondent no.2-national insurance company ltd.,. it is stated that as per the direction of respondent no.1, the claimant on 06.06.2011 was ploughing the land of respondent no.1 ..... learned commissioner has rightly fixed the monthly wages of the claimant at rs.4,401/- after due regard to the notification issued by the state of karnataka, fixing wages for employees working in the transport industries and therefore finding of the learned commissioner regarding monthly wages of the claimant is based on evidence and said finding .....
Tag this Judgment!Court : Karnataka Dharwad
..... the date of filing of the claim petition up to the date of actual payment.10. the high court, by the impugned judgment, allowed the appeal of the insurance company stating that the claimant, not being an eye witness, could not possibly give evidence as to the accident that took place, as a result of which, the section 163a ..... death shall be five lakh rupees. (b) accidents resulting in permanent disability: compensation payable shall be = [rs. 5,00,000/- percentage disability as per schedule i of the employee s compensation act, 1923 (8 of 1923)]. : provided that the minimum compensation in case of permanent disability of any kind shall not be less than fifty thousand rupees. (c ..... or of any other person. (3) the central government may, keeping in view the cost of living by notification in the official gazette, from time to time amend the second schedule.].14. the compensation that is available in a claim under section 163a of the act is hedged by the stipulation made in the second schedule to .....
Tag this Judgment!Court : Karnataka Dharwad
..... the date of filing of the claim petition up to the date of actual payment.10. the high court, by the impugned judgment, allowed the appeal of the insurance company stating that the claimant, not being an eye witness, could not possibly give evidence as to the accident that took place, as a result of which, the section 163a ..... death shall be five lakh rupees. (b) accidents resulting in permanent disability: compensation payable shall be = [rs. 5,00,000/- percentage disability as per schedule i of the employee s compensation act, 1923 (8 of 1923)]. : provided that the minimum compensation in case of permanent disability of any kind shall not be less than fifty thousand rupees. (c ..... or of any other person. (3) the central government may, keeping in view the cost of living by notification in the official gazette, from time to time amend the second schedule.].14. the compensation that is available in a claim under section 163a of the act is hedged by the stipulation made in the second schedule to .....
Tag this Judgment!Court : Karnataka Dharwad
..... the date of filing of the claim petition up to the date of actual payment.10. the high court, by the impugned judgment, allowed the appeal of the insurance company stating that the claimant, not being an eye witness, could not possibly give evidence as to the accident that took place, as a result of which, the section 163a ..... death shall be five lakh rupees. (b) accidents resulting in permanent disability: compensation payable shall be = [rs. 5,00,000/- percentage disability as per schedule i of the employee s compensation act, 1923 (8 of 1923)]. : provided that the minimum compensation in case of permanent disability of any kind shall not be less than fifty thousand rupees. (c ..... or of any other person. (3) the central government may, keeping in view the cost of living by notification in the official gazette, from time to time amend the second schedule.].14. the compensation that is available in a claim under section 163a of the act is hedged by the stipulation made in the second schedule to .....
Tag this Judgment!Court : Karnataka Dharwad
..... giving the salary grant to teaching and non-teaching staff. and whereas, the government in order no.ed 65 ses 62 dated 24.08.1963 introduced the karnataka state aided schools employees contributory provident fund-insurance-pension scheme (triple benefit scheme) rules to regulate pensionary benefits of aided institutions coming under the ambit of primary and secondary education with effect from 01.04 ..... undertake to enact law to remove or rectify the defect or the lacuna and also validate the proceedings including retaining or withholding tax already recovered by retrospective operation. such an amending and validating act to make small repairs is permissible mode of legislation which is frequently resorted to in fiscal enactments which has been approved by the constitutional bench of the .....
Tag this Judgment!Court : Karnataka Dharwad
..... . with regard to quantum of compensation is concerned, the accident occurred much prior to coming into force of the amended act i.e. on 8-12-2000. prior to the amendment to section 4a of the employees compensation act, the ceiling limit was rs.2,000/-. the wcc taking into consideration the income of the deceased at ..... contending that they were working as coolies in the offending tractor and trailer belonging to respondent nos.1 and 3 and insured with respondent nos.2 and 4. 15. the insurance companies defended their case stating that there is no master and servant relationship between the deceased and injured and the owner of the offending tractor and ..... held that the deceased and injured claimants were not working as coolies in the tractor and trailer belonging to respondent nos.1 and 3. hence, the insurance company is not liable to compensate the claimants. since the claimants were travelling as unauthorised passengers in the offending tractor and trailer to do the agricultural work .....
Tag this Judgment!Court : Karnataka Dharwad
..... operative society ltd. in ita no.118/2012 5. cit vs. sri vasavi multi purpose souharda sahakari sangha niyamitha in ita no.505/2013 6. cit vs. general insurance employees co-operative society ltd. in ita no.273/2013.7. the learned counsel shri a. shankar while drawing attention of this court to the tenor of the relevant ..... which is covered under section 80p(2)(a)(i) i.e. carrying on the business of banking for providing credit facilities to its members. the object of the aforesaid amendment is not to exclude the benefit extended under section 80p(1) to such society. therefore, there was no error committed by the assessing authority. 12 in cit vs ..... assessee under the income tax act, 1961 (hereinafter referred to as the 'it act, for brevity). the assessee is said to be a co-operative society registered under the karnataka state co-operative societies act, 1956, (hereinafter referred to as the kcs act , for brevity).2. the appeal pertains to the assessment year 2010-11. the appellant - society .....
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