Court : Karnataka Dharwad
..... by the learned counsel for the corporation on the judgment rendered by a three-judge bench of the hon ble supreme court in the case of the employees state insurance corporation7 and 7 the employees state insurance corporation and another v. the tata engineering & locomotive co. ltd. and another, (1975) 2 scc835 - 42 - nc:2024. khc-d:7636 ..... a workman for purpose of the id act.72. in light of the judgments rendered by the apex court in the cases of devinder singh and the employees state insurance corporation (both cited supra), it is obvious that a person who is undergoing training would also be a workman , as contemplated under section 2(s) ..... section 2(s) under the industrial disputes act, 1947, the very following year while passing the employees' state insurance act, 1948, it did not choose to include apprentice while defining the word 'employee' under section 2(9) of the employees' state insurance act, 1948. such a deliberate omission on the part of the legislature can be only attributed to .....
Tag this Judgment!Court : Karnataka Dharwad
..... by the learned counsel for the corporation on the judgment rendered by a three-judge bench of the hon ble supreme court in the case of the employees state insurance corporation7 and 7 the employees state insurance corporation and another v. the tata engineering & locomotive co. ltd. and another, (1975) 2 scc835 - 42 - nc:2024. khc-d:7636 ..... a workman for purpose of the id act.72. in light of the judgments rendered by the apex court in the cases of devinder singh and the employees state insurance corporation (both cited supra), it is obvious that a person who is undergoing training would also be a workman , as contemplated under section 2(s) ..... section 2(s) under the industrial disputes act, 1947, the very following year while passing the employees' state insurance act, 1948, it did not choose to include apprentice while defining the word 'employee' under section 2(9) of the employees' state insurance act, 1948. such a deliberate omission on the part of the legislature can be only attributed to .....
Tag this Judgment!Court : Karnataka Dharwad
..... i) to cover liability in respect of the death, arising 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, ..... vehicles concerned 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.166. application for compensation- (1) an application for compensation arising out of an accident of the nature specified in sub-section (1) of section 165 ..... the driver/owner of vehicle of vehicle/s involved in the accident. by observing as stated above, the question has been answered by holding that in a proceeding under section 163-a of the motor vehicles act, it is not open for the insurer to raise any defence of negligence on the part of the victim himself. when the .....
Tag this Judgment!Court : Karnataka Dharwad
..... of rule 100 of the 11 karnataka motor vehicles rules and section 147 of the motor vehicles act which insists statutory cover for employees employed in connection with the motor vehicle. therefore, the insurer in any circumstance cannot avoid payment of compensation to a spare driver. the learned counsel referring to this judgment would vehemently contend that ..... claiming that the 15 deceased were working as driver and a cleaner and the said suggestion is also denied.13. the insurance company examined its administrative officer as rw-1 and in his evidence, he states that on the date of the accident both the deceased persons were proceeding as unauthorized passengers and as no premium is ..... the said statement was recorded by the police on 27.05.2009 i.e., on the very next date of the accident and the owner in his statement has stated that shamiulla was working as first driver and majju @ majjumeerpasha was working as a second driver and irfan was working as a cleaner. apart from that, the .....
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
..... p. no.103868/2018 between dr. p.v. kenchanagoudar vs. the principal secretary and another disposed off on 22.06.2018. the claim of the employees of the state universities founded on ugc regulations and central government orders came to be negatived. the contention of the appellant/petitioner that these decisions of the co-ordinate ..... upon the ugc regulations, 2018, promulgated in terms of the 2017 recommendations made by the pay review committee. in substance, he contends that after the 42nd amendment, education figures in list-3, schedule vii of the constitution of india and therefore, the ugc regulations, 2018 partaking the character of central law override the impugned ..... and statutes framed under central legislation does not arise. once it is adopted by the state government, the state legislation to be amended appropriately. in such case also there shall be no conflict between the state legislation and the central legislation. - 17 - wa no.100198/2022 c/w. w.p. no.101937/2022 we are of .....
Tag this Judgment!Court : Karnataka Dharwad
..... p. no.103868/2018 between dr. p.v. kenchanagoudar vs. the principal secretary and another disposed off on 22.06.2018. the claim of the employees of the state universities founded on ugc regulations and central government orders came to be negatived. the contention of the appellant/petitioner that these decisions of the co-ordinate ..... upon the ugc regulations, 2018, promulgated in terms of the 2017 recommendations made by the pay review committee. in substance, he contends that after the 42nd amendment, education figures in list-3, schedule vii of the constitution of india and therefore, the ugc regulations, 2018 partaking the character of central law override the impugned ..... and statutes framed under central legislation does not arise. once it is adopted by the state government, the state legislation to be amended appropriately. in such case also there shall be no conflict between the state legislation and the central legislation. - 17 - wa no.100198/2022 c/w. w.p. no.101937/2022 we are of .....
Tag this Judgment!Court : Karnataka Dharwad
..... para 20)"20. fraud and collusion vitiate even the most solemn proceedings in any civilised system of jurisprudence. it is a concept descriptive of human conduct." in united india insurance co. ltd. vs. rajendra singh, this court observed that "fraud and justice never dwell together" (fraus et jus nunquam cohabitant) and it is a pristine maxim which ..... for in both the writ petitions. he would submit that the first writ petition was filed challenging the sale notice dt.25.5.2007 and later it was amended to challenge the sale notice dt.5.7.2007 pursuant to which sale negotiations were held on 31.7.2007, while the second writ petition was preferred ..... finalization of the sale till the consideration of the matter as directed above and without communicating the decision taken on the representation to the petitioner. d) in terms stated above this writ petition is disposed of. 14. after disposal of the first writ petition on the above terms, the petitioner submitted its case vide representation dated .....
Tag this Judgment!Court : Karnataka Dharwad
..... affected by virtue of section 6(1) of the principal act. 23 (iii) it was observed that a statute is not retrospective, unless it expressly stated to be so. and that the words in the amended section 6(1), on and from would itself indicate that it is prospective in nature. for otherwise, the said words, on and from , would be ..... to have founded on the rock of retroactivity. but such is not the implication of service rules nor is it their true description to say that because they affect existing employees they are retrospective... in public interest ought in the same vein, in dilip vs. mohd. azizul haq and another, (2002)3 scc607 the supreme court observed, inter alia, ..... employed on 1 january 2014 has two elements : (a) that the person concerned took employment on 1 january 2014 an event; (b) that the person referred to was an employee on that day a characteristic or status which he had acquired before 1 january 2014. insofar as the act applies to a person who took employment on 1 january 2014 .....
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 .....
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