Judgment Search Results Home > Cases Phrase: employers liability act 1938 Page 11 of about 63,085 results (0.160 seconds)

Bhimavva and ors. Vs. Shankar Alias Adya and ors.

Court : Karnataka

Reported in : (2004)IILLJ235Kant

..... bindra 's 'interpretation of statutes' (eighth edition) with regard to 'liability and employers' liability acts'.7. ..... employee of a person insured by the policy or inrespect of bodily injury sustained by such an employee arising out of and inthe course of his employment other than a liability arising under theworkmen's compensation act, 1923, in respect of the death of or bodily injuryto, any such employee,(a) engaged in driving the vehicle;or(b) if it is a public servicevehicle, engaged as a conductor of the vehicle or in examining tickets on thevehicle; or(c) if it is a goods vehicle,being carried in the vehicle; or(a) engaged in driving ..... (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 ..... (i) to cover liability inrespect of the death, arising out of and in the course of his employment, ofthe employees of a person insured by the policy or in respect of bodilyinjury sustained by such an employee arising out of and in thecourse of his employment other than a liability arising under the workmen'scompensation act, 1923, in respect of the death of or bodily injury to, anysuch employee,provided that a policy shall notbe required .....

Ramlal and ors. Vs. Regional Manager, F.C.i. and ors.

Court : Rajasthan

Reported in : 1981WLN74

..... it may be stated that payment under section 10a(2) does not in any way absolve the employer from liability to pay interest and penalty, if so directed by the commissioner under sub-section (3) of section 4a and on the basis of sub-section (2) of section 10a, it cannot be said that payment of compensation falls due only on ..... opinion, falling due of compensation is to be read in the light of arising of liability for payment of compensation, as there is no other provision under the act, nor such a provision has been referred to me, which lays down that compensation shall fall ..... sub-section (3) of section 4a is relevant, which reads,-(3) where any employer is in default m paying the compensation due under this act within one month from the date it fell due, the commissioner may direct that, in addition to the amount of arrears, simple interest at the rate of six per cent ..... according to sub-section (3) of section 4a, if an employer commits default in paying compensation due under the act, within one month from the date it fell due, the commissioner is empowered to direct the employer for payment of simple interest at the rate of six per cent per annum on the amount due and also for the payment of a further sum not exceeding fifty per cent ..... canvassed in this appeal, is that the learned commissioner has wrongly refused the prayer in respect of penalty and interest without assigning any reason and thus has acted in an arbitrary manner and the discretion has not been judicially exercised.6. .....

United India Insurance Co. Ltd. Vs. Sira Kanwar and ors.

Court : Rajasthan

Reported in : 2008ACJ1745

..... that notwithstanding anything contained herein to the controversy the company shall indemnify the insured against his legal liability under the workmen's compensation act, 1923 and subsequent amendment of the act prior to the date of the endorsement, the fatal accidents act, 1855 or at common law in respect of personal injury to any paid driver or cleaner or persons employed in loading or unloading but in any case not exceeding seven in number including driver and cleaner whilst engaged in the ..... the apex court having decided the legal liability in respect of compensation payable under the workmen's compensation act that is to say the principal amount of compensation interest paid thereon and any other payment which become payable under the workmen's compensation act towards the penalty leviable thereunder on account of default of the employer is not a part-of legal liability to uphold the right of parties to contract in respect of the liability which has accrued to be indemnified by the insurance company. .....

National Insurance Co. Ltd Vs. V. Vasantha and ors.

Court : Chennai

Reported in : AIR1988Mad146; (1987)IIMLJ204

..... is made clear by the proviso to sub-section which provides that a policy shall not, be required : (ii) except where the vehicle is a vehicle in which passengers are carried for hire or reward or by reason of or in pursuance of a contract of employment, to cover liability in respect of the death of or bodily injury to persons being carried on in of upon or entering or mounting or alighting from the vehicle at the time of the occurrence of the event out of which a claim arises. ..... where in it was held as follows -'sections 95(a) and 95(b)(i) of the motor vehicles act adopted the provisions of the english road traffic, act 1960 and excluded the liability of the insurance co. ..... act, and' in the instant case, when the cashier had been taken on the scooter and died in the accident, he got injured only at the time when he was under the contract of employment ..... if it is an act policy and how far the liability could be fastened on to the insurance co and how to understand the words 'third party' he relies upon the decision of the supreme court in ..... b2 is a comprehensive policy and not an act policy and that unless the terms contained therein fasten the liability on it to pay for a pillion rider, it cannot be made liable in the instant case ..... of the motor vehicles act, the above observation was ..... not required to be insured the plea of the counsel for the insurance company will have to be accepted and the insurance company cannot be held not liable under the requirements of the motor vehicles act. .....

New India Assurance Co. Ltd. Vs. Arunachalam and ors.

Court : Chennai

Reported in : 2007ACJ1580

..... hence, applying the provisions of workmen's compensation act under the definition of 'principal employer', while the commissioner had rightly arrived at the decision, the further fastening of the liability on the insurance company does not arise. ..... harshadbhai amrutbhai modhiya : (2006)iillj782sc , has categorically held that the question of fastening the liability on the insurance company under the insurance cover, unless it is one taken under the provisions of the workmen's compensation act, will not have a bearing in the matter of extending the same on the insurance company. ..... learned counsel appearing for respondent-principal employer submitted that at this distance of time, they should not be fastened with the liability of interest at 6 per cent per annum. ..... the statutory liability under the workmen's compensation act is on the employer. ..... consequently, as a principal employer, the liability is only on respondent no. ..... as rightly pointed out by learned counsel for the appellant, unless the policy is one taken under workmen's compensation act, the question of fastening the liability upon the insurance company does not arise. ..... unless the policy is taken under workmen's compensation act, the question of fastening the liability on the insurance company does not arise. ..... tribunal accordingly held that the provisions under section 12 of workmen's compensation act would apply to hold the principal employer liable to pay the compensation. .....

Indian Airlines Corporation Vs. Sm. Madhuri Chowdhuri and ors.

Court : Kolkata

Reported in : AIR1965Cal252

..... learned judges there in the nagpur ease was how far the english doctrine of common employment applied in india to cases which in england would have come under the employers' liability act. ..... 31 halsbury (third edition) in article 1214 at pages 765-766 that, 'there are no statutory terms and conditions for the carriage of passengers, but, as a common carrier could vary his liability by making a special contract, so railway undertakers can carry passengers on their own terms and conditions by means of a special contract usually made between the undertakers and the passenger by the buying ..... trains of which one is a train carrying passengers or the derailment of or other accident to a train or any part of a train carrying passengers, then whether or not there has been any wrongful act, neglect or default on the part of the railway administration such as would entitle a person who has been injured or has suffered loss to maintain an action and recover damages in respect thereof, the ..... delay to the passenger or loss, damage, detention or delay to his baggage or personal property arising out of the carriage or any other services or operations the carrier whether or not caused or occasioned by the act, neglect or negligence or default of the carrier, or of pilot flying operational or other staff or employees or agent of the carrier, or otherwise howsoever and the carrier shall be held indemnified against all claims, ..... made to the repealing act 1938 (act 1 of 1938) and in particular .....

Sh. Jagdish Chand Sharma Vs. Sh. Bachan Singh and ors.

Court : Himachal Pradesh

..... 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 the ..... then, as per the proviso, the policy shall not be required 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 in respect of the death of, or bodily injury to, an employee engaged in driving the vehicle, or who is a conductor, if it is a public service vehicle or an employee ..... the object of the insistence on insurance under chapter xi of the act thus seems to be to compulsorily cover the liability relating to their person or properties of third parties and in respect of employees of the insured employer, the liability that may arise under the workmen's compensation act, 1923 in respect of the driver, the conductor and the one carried in a goods vehicle carrying goods. .....

United India Insurance Co. Ltd. Vs. Sumitra Devi and ors.

Court : Himachal Pradesh

Reported in : 2002ACJ1974

..... held as under:but similar consequence will not follow in a case where additional amount is added to the principal amount of compensation by way of penalty to be levied on the employer under circumstances contemplated by section 4-a (3) (b) of the compensation act after issuing the show-cause notice to the employer concerned who will have reasonable opportunity to show cause why on account of some justification on his part for the delay in payment of the compensation amount he is not liable for ..... to that extent such penalty amount as imposed upon the insured employer would get out of the sweep of the term 'liability incurred' by the insured employer as contemplated by the proviso to section 147 (1) (b) of the motor vehicles act as well as by the terms of the insurance policy found in provisos (b) and (c) to sub-section (1) of ..... premi devi 1998 acj 1 (sc), wherein while dealing with liability to pay interest, it was held as under:thus so far as interest is concerned it is almost automatic once default, on the part of the employer in paying the compensation due, takes place beyond the permissible ..... this penalty amount is concerned it cannot be said that it automatically flows from the main liability incurred by the insured employer under the workmen's compensation act. ..... 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. .....

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 .....

D.Panneer Selvam Vs. K.Loganathan and Another

Court : Chennai

..... there is, therefore, nothing to justify the argument that the employer's liability to pay compensation under section 3, in respect of the injury was suspended until after the settlement contemplated by section 19 ..... honourable supreme court was as follows:- "where an employee receives a personal injury in a motor accident arising out of and in the course of his employment while working on the motor vehicle of the employer, whether insurance company which has insured the employer owner of the vehicle against third party accident claims under the motor vehicles act, 1988, ((herein after referred to as the m.v.act)) and against claims for compensation arising out of proceedings under the workmen's compensation ..... mahto (2001-acj-645-sc) the honourable supreme court following the decision in ved prakash garg's case, 1998-acj-1-sc, held that payment of interest and penalty are two distinct liabilities arising under the act, while liability to pay interest is part and parcel of the legal liability to pay compensation upon default of payment of that amount within one month. ..... on the other hand, mr.k.s.narasimhan, the learned counsel for the 2nd respondent insurance company would contend that the rate of interest prescribed under section 4(a)(3) of the act is payable only in the event of default in payment of the compensation amount within a period of 30 days from the date of adjudication and in such event of default, the interest is payable at the minimum prescribed rate of 12 per cent from .....