Judgment Search Results Home > Cases Phrase: employers liability act 1938 Court: guwahati Page 1 of about 329 results (0.068 seconds)

Nungshiton Begum and ors. Vs. United India Insurance Co. Ltd. and ors.

Court : Guwahati

..... exercise of powers conferred under section 64u of the insurance act, 1938, the government of india constituted a tariff advisory committee. ..... under it, the liability of the insurer is excluded in respect of injury or death, arising out of, in the course of employment of an ..... , on the basis of the aforesaid authority of gauhati high court, the question of liability of insurance company cannot be decided since this question was not addressed in the aforesaid ..... above observations of the hon'ble supreme court, it can be inferred that if the lives of employees can be insured by the employer and any peculiar advantage, received by the dependents of victims, may be subject to deduction. ..... , either under the motor vehicles act or from the employer, the compensation receivable by the claimant is either statutory or through the security of the employer securing for his employee but in both cases he receives the amount without his ..... similarly, one more feeble alibi was taken to avoid the liability by stating that since the requisition of the vehicle was made by the police department the award should be directed against the said ..... event of a loss/damage occurring during the period of such requisition, the insurer shall pay losses/liabilities if any in excess of the ampunt(s) made good by the government.21. ..... the distinguishing features of the case, a new development has also taken place in the matter of fixation of tariffs, liabilities and responsibilities of insurance companies vis-a-vis the insured. .....

The Oriental Fire and General Insurance Company Vs. Smt. Nani Bala Dev ...

Court : Guwahati

Reported in : I(1987)ACC553,[1989]65CompCas609(Gauhati)

..... motor vehicles (amendment) act, 1956, and as would appear from what is being stated later, this ..... 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 die death of, or bodily injury to, any such employee --' it may be stated that the exception mentioned in the proviso as regards liability arising under the workmen's compensation act, 1923, was inserted by the ..... entered into a contractwith any insurers in respect of any liabilityunder this act to any workman, then in theevent of the employer becoming insolvent ormaking a composition or scheme ofarrangement with his creditors or, if theemployer is a company, in the event of thecompany having commenced to be woundup, the right of the employer against theinsurers as respect that liability shall,notwithstanding anything in any law for thetime being in force relating to insolvency orthe winding up of companies, be transferredto and .....

Oriental Insurance Co. Ltd. Vs. Umesh Nath and anr.

Court : Guwahati

..... holding the 'employer' different from the 'insurer', the apex court has held that the penalty, as envisaged under the said provisions of the act, is not a liability of the 'insurer'. ..... act, as the definition of the term 'workman' given in section 2(1)(n)(c) thereof conveys, the 'employer' is liable to pay compensation to a person recruited as driver, helper, mechanic, cleaner or in any other capacity in connection with a motor vehicle, but such an 'employer', as an insured, can be generally indemnified by an 'insurer' under a policy of insurance only in respect of his liabilities towards that particular class of employees, who are mentioned in section 147 of the m.v. ..... act, where such liability to deposit the amount awarded has been, without any ambiguity, restricted only to 'employer' and not imposed on any other 'person', who feels aggrieved by the award to pay compensation. ..... act may impose such liabilities on the 'employer', which the 'insurer' is not liable to indemnify and/or take care of, unless the terms of contract so permits. ..... act, namely, driver, conductor, ticket checker and if it is a goods vehicle, any employee, who is being carried in such a goods vehicle inasmuch as the liability of the 'insurer' to indemnify the 'employer' is (unless the policy otherwise indicates) restricted only to such class of persons as mentioned in section 147 of the m.v. .....

National Insurance Co. Ltd. and anr. Vs. Atarer Nachha and ors.

Court : Guwahati

..... principal amount which almost automatically gets foisted upon him once the compensation amount is not paid within one month from the date it fell due, would not be a part of the insured liability of the employer.it is of course true that one month's period as contemplated under section 4a(3) may start running for the purpose of attracting interest under sub-clause (a) thereof in case where provisional payment ..... in the case of ved prakash (supra), the apex court was called upon to decide the legal question whether the phrase 'liability arising under the compensation act' as employed by proviso to section 147(1) of the motor vehicle act and as found in proviso to clause (i) of sub-section (1) of section (ii) of the insurance policy would cover only ..... 11.in the case of ved prakash (supra), the hon'ble supreme court has further held that an employer may disown his liability to pay compensation under certain circum stances, which have been spelt out in this way:a mere look at the aforesaid provision shows that section 4a deals with the ..... act to contend that it is the initial duty of the employer to pay the compensation to the victim employee or his/her legal heirs and the insurance companies cannot be fastened with any liability to pay interest on the amount of compensation for the default committed by the employer ..... certainly partake the character of the legal liability of the issued employer to pay the compensation amount with due interest as imposed upon him under the compensation act. .....

Branch Manager, Oriental Insurance Co. Ltd. Vs. Subodh Sarkar and anr.

Court : Guwahati

..... in the present appeal, is this: whether, under the scheme of the act, an insurer can be saddled with the liability to pay interest over the amount, which may be awarded as compensation for the death of, or injury caused to, a workman in an accident arising out of and in the course of employment, if there is no specific agreement, whereunder the insurer has assumed the liability to indemnify the employer for the interest, which the employer may be found liable to pay on the compensation, which may be awarded ..... if the employer does not show that the insurer is liable to indemnify the employer in respect of the amount, which the employer is liable to pay as interest, the commissioner, workmen's compensation act, cannot impose any liability on the insurer to pay interest on the compensation awarded to the workman or his le- gal representative.6. ..... on careful reading of sub-section (2) of section 4a read with sub-section (1) thereof, what transpires is that the employer, in the first place, has to determine and accept the extent of his liability for payment of compensation and he has to make payment of such amount as compensation, which, according to the employer, is payable to the workman and such payment has to be made either to the workman or shall be deposited with the commissioner workmen's compensation act. .....

New India Assurance Co. Ltd. Vs. Phelishsa Bakai and ors.

Court : Guwahati

..... ;provided that a policy shall not except as may be otherwise provided under sub-section (3) be required-(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, 1923 (8 of 1923), in respect of the death of, or bodily injury to, any such employee-(a) engaged in driving ..... out of the use of the vehicle in a public place:provided that a policy shall not be required-(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, 1923 (8 of 1923), in respect of the death of, or bodily injury to, any such employee-(a) engaged in driving .....

National Insurance Co. Ltd. Vs. Kanai Dasgupta and ors.

Court : Guwahati

Reported in : [2008(118)FLR268]

..... reading of clause (a) of sub-section (3) of section 4-a, it becomes abundantly clear that the insurer has no statutory liability to pay interest on the amount of compensation payable by the employer, when the statute does not make the insurer liable to pay interest, it is for the employer to show that there is a contract whereunder the insurer has assured the insured (i.e. ..... case, there was nothing before the learned commissioner, workmen's compensation act, to show that the insurer had, under the relevant policy of the insurance, assumed the liability to indemnify the insured employer as regards the interest, which the insured employer would be liable to pay. ..... if the employer docs not show that the insurer is liable to indemnify the employer in respect of the amount, which the employer is liable to pay as interest, the commissioner, workmen's compensation act, cannot impose any liability on the insurer to pay interest on the compensation awarded to the workman or ..... of sub-section (2) of section 4-a read with sub-section (1) thereof, what transpires is that the employer, in the first place, has to determine and accept the extent of his liability for payment of compensation and he has to make payment of such amount as compensation, which is, according to the employer, payable to the workman and such payment has to be made either to the workman or shall be deposited with the commissioner, workmen's compensation act. ..... liability under the workmen's compensation act is on the employer .....

Oriental Insurance Co. Ltd. Vs. Subhash Barman and anr.

Court : Guwahati

..... in the case of ved prakash (supra), the apex court was called upon to decide the legal question whether the phrase 'liability arising under the compensation act' as employed by proviso to section 147(1) of the motor vehicle act and as found in proviso to clause (i) of sub-section (1) of section (ii) of the insurance policy would cover only the principal amount of compensation computed under the w.c. ..... sub-section (2) thereof contemplates a situation wherein the employer though accepting his liability to pay compensation to his injured workman disputes the extent of the claim of compensation and in such a case sub-section (2) enjoins him to make provisional payment based on the extent of accepted liability by depositing it with the commissioner or to pay it directly to the workman. ..... act which deals with the liability of the employer to make provisional payment within a period of 30 days and the default liability to pay interest and in appropriate cases, penalty as well, which may be imposed by the commissioner. ..... consequently, such imposition of interest on the principal amount would certainly partake the character of the legal liability of the insured employer to pay the compensation amount with due interest as imposed upon him under the compensation act. ..... the statutory liability under the workmen's compensation act is on the employer. .....

Oriental Insurance Co. Ltd. Vs. Sudip Ranjan Deb and ors.

Court : Guwahati

..... by contending that where, in a case of this nature, the employer and the wrongdoer are two different and distinct persons, there is no question of exercising the option and the claim lie under both the acts; there is no rationale for exonerating the tortfeasor from the claim being put against him just because the employer has been fastened with the liability to pay the compensation under the social security legislation like ..... act clearly indicates that there is no statutory scheme whittling down the liability of the tortfeasor arising under the motor vehicles act even when compensation is paid by the employer under the provisions of workmen 's compensation act. ..... apprehension of learned counsel for claimant-respondent that the tortfeasor would escape his liability under both the acts if the injured is barred from claiming compensation from both his employer and the tortfeasor. ..... and am unable to persuade myself to hold that the said decisions are authorities for the proposition that where the employer and the tortfeasor are different and distinct persons, the claimant need not at all exercise any option under section 167 of the motor vehicles act and can very well proceed to claim compensation from both the employer and the tortfeasor under the two ..... discussion completely dealt with the contention of the learned counsel for the claimant-respondent on the possibility of the tortfeasor from escaping his liability to pay compensation already received by the employee from his employer.9. .....

United India Insurance Company and ors. Vs. Tamuly L.N. and ors.

Court : Guwahati

..... the insurer to plead and establish on facts that the compensation could not be paid to the claimant within the due date for the fault of the employer and hence the liability of penalty and interest under section 4a of the said act should not be fixed on the insurer but on the employer in which event the commissioner, workmen's compensation will have to decide as to whether the payment was not made on the due date on account of the fault ..... of the use of the vehicle in a public place; provided that a policy shall not be required - (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 injured 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, or bodily injury to, any such employee- (a) engaged in driving the ..... (c) except so far as is necessary to meet the requirements of section 92a and section 95 of the motor vehicles act, 1939 in relation to the liability under workmen's compensation act 1923, the company shall not be liable in respect of death of/or bodily injury to any person other than a passenger carried by reason of or in pursuance of a contract of employment being carried in or upon of entering or mounting or alighting from the motor vehicle at the time of the occurrence of the event out of which any claim arises. .....