Court : Mumbai Aurangabad
..... entitles the respondent to set off the special leave salary pay as against compensation which an employee may have acquired under the workmen's compensation act or under the employees' state insurance act. 11. while considering retiral benefits, the respondent kept in view the amount of rs.2,70,796/- that was paid to the petitioner ..... the employees' state insurance act. ix) provisions of this rule apply to: a) the company employees disabled in consequences of ..... in the case of person to whom the workmen's compensation act, 1923 and the employees' state insurance act, 1948 apply, the amount payable under these rules shall be reduced by the amount of compensation payable under section 4(i)(d) of the workmen's compensation act and the amount of sickness benefit payable under section 49 of .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the word "appellant" or 'aggrieved party" is not used in section 30. in view of these circumstances, the bar is applicable only against employer and not against the insurance company; (iv) that the insurance company has right to take defences available under the provisions of the motor vehicles act 1988 and also under the terms and conditions of the policy. the provisions of the ..... deposit 50% more amount as penalty on the basis of compensation calculated. 4. first appeal no.30 of 2007 is filed against wca no.14/2000 which was pending before the commissioner appointed under the act at jalgaon. it was death claim. in this matter, the employer and the insurance company, both are jointly and severally directed to deposit the compensation of rs .....
Tag this Judgment!Court : Mumbai Aurangabad
..... by plying the ape rickshaw on road without having any valid permit therefor on the date of the accident. consequently, the insurance company is exonerated from its liability. nevertheless, considering the beneficial object of the act, as was directed by the honourable apex court, in the case of challa bharathamma and others (cited supra),it would ..... counsel appearing for the claimants has supported the impugned judgment and award. learned counsel mr. n.c.garud, appearing for respondent no.4 opposed the submissions advanced on behalf of the appellant insurance company. learned counsel submitted that it was not the case that the offending ape rickshaw was never holding any permit. it was further ..... died in a motor accident happened on 10.6.2006 having involvement of an ape rickshaw bearing registration no.mh-17-t-5495 owned by respondent no.4 herein and isured with the present appellant. respondent nos. 1 and 2 are the parents of deceased sandip whereas respondent no.3 is the brother of .....
Tag this Judgment!Court : Mumbai Aurangabad
..... were travelling with the goods in the vehicle and, therefore, they are entitled to get compensation as per section 147 (b) of the act, 1988. the learned counsel further submitted that the insurance company did not examine any witness in support of its case that the deceased were travelling as a passengers and not carrying goods with them. ..... be absolved from liability to pay compensation. the learned counsel for the respondents further relied on a judgment in the case of national insurance co. ltd. v. ashwini balu gaude and ors; reported in 2012(4), bom. c.r. 772;and submitted that the learned single judge of the goa bench of this court has considered this ..... in first appeal no. 2548/2012. by consent of learned counsel for the parties, first appeals are heard finally at the stage of admission. 4. two first appeals are filed by the appellant/ insurance company challenging the judgments and awards dated 16-06-2010 by the member, motor accident claims tribunal, amalner, dist. jalgaon in m.a.c. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... 69 3) smt. kalpana rajendra kumawat and others vs. vilas dattu fulwari and another. 4) united india insurance co. ltd. vs. smt. panchafula w/o jaysingh and others, 5) united india insurance co. ltd. vs. dattuji s/o sonba kodape and others 6) united insurance co. ltd. vs. sarsabai w/o kishanrao sontakke and others, reported in 2006 (5 ..... that the payment of interest under section 4-a(3)(a) is part of statutory liability, which is legally required to be discharged by the insured employer under the provisions of workmen's compensation act and the compensation alongwith interest is to be made good by the insurance company jointly with the insured employer. learned counsel for the appellant has ..... ) mah.l.j. 630 and 7) new india assurance co. ltd. vs. mohan bhanudas bansode and others, reported in 2005 (4) mah.l.j. 158 learned counsel further submits that the .....
Tag this Judgment!Court : Mumbai Aurangabad
..... for criticism. 12) legal position again is skipped by the learned member as he did not bother to refer section 64-vb of insurance act; and also section 147(3)and (4) of the mv act. it was imperative for the learned member and also the claimants to establish either, through owner of the vehicle, who was already party ..... to play with system need not be heard in equitable reliefs. it vitiates contract. and consequently, since there was no contract to indemnify concluded between the appellant insurance company, based on cover note, there could not be fastening of liability in respect of either cover note no.007058 dated 8.8.2000 or cover note no ..... appeal is dismissed against owner and driver of the vehicle. 4) mr.totla, learned counsel for insurance company says, the very stand and root in the matter is about fraud played on insurance company by owner of the vehicle. there is no contractual obligation against the appellant/insurance company with owner of the vehicle and dismissal of appeal will .....
Tag this Judgment!Court : Mumbai Aurangabad
..... with the schedule. any payment made by the company by reason of wider terms appearing in the certificate in order to comply with the motor vehicle act, 1988 is to be recoverable insurance. see the clause headed avoidance of certain terms and right of recovery. on the basis of these submissions, both the learned counsel appearing for ..... and severally deposit sum of rs. 25,000/- towards the no fault liability ( in short, the n.f.l.). that amount was deposited by the insurance company in the trial court. 4. the tribunal by its judgment and award dated 14th october, 1997 dismissed the claim petition preferred by present respondent nos. 1, 2 and 3 on ..... in the present first appeal. hence, following order:- order (i) first appeal no.108 of 1998 is dismissed. (ii) liberty is granted to respondent nos. 4 and 6 / insurance company to withdraw the amount deposited by the appellants alongwith interest, if any, from the registry of this court and same to be adjusted in the execution application. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... .2002. the provision of this tariff are binding on all concerned and any breach of the tariff shall be a breach of the provisions of the insurance act, 1938. he says, the guidelines in section iii in the insurance policy are replica of personal accident cover for owner - driver. proviso 1) to section iii illustrates, this cover is subject to (a) the owner ..... 30 years old and a rickshaw driver, earning rs.2500/- p.m. respondent no.1 (original respondent no.1) was owner of motor cycle and appellant was the insurer of said motor cycle. 4. the appellant insurance company questions the award basically on the point of indemnification and its responsibility to release the payment. according to it, the ..... received, perused. 2. in m.a.c.p. no. 110 of 2008, the learned district judge-1, beed by order dated 31.8.2013 passed award for amount of rs.4,86,000/- with interest @ 7% p.a., against the original respondent nos. 1 and 2, same is questioned by the appellant (original respondent no.2). 3. the claim .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the case like the present one. in the case reported as (2004) 3 scc 297 (national insurance co. ltd. v. swaran singh) the provisions of sections 149(1), 149(4) and 149(5) of the act are interpreted and the circumstances in which the insurance company can be made to pay are discussed. that case also does not show that when there is ..... no insurance cover like in the present case, the insurance company can be made to pay first. in view of this ..... (hereinafter referred to as "the act") is allowed and the compensation of rs.7.5 lakh with interest at the rate of 7.5% per annum is granted by the tribunal and the insurance company is made liable jointly and severally to pay the amount of compensation along with the owner. 4) the petition was filed in respect of death of .....
Tag this Judgment!Court : Mumbai Aurangabad
..... (53. bar against receiving or recovery of compensation or damages under any other law - an insured person or his dependants shall not be entitled to receive or recover, ..... not entitled to receive the compensation under the provisions of the workmen's compensation act. the deceased was an insured person as defined in sec. 2(14) of the employees state insurance act 1948 (hereinafter referred as to "e.s.i. act" for the sake of brevity). the claimants were the dependents of the deceased ..... compensation act, the benefit under the e.s.i. act admittedly were not given. no fault can be found in the order passed by the commissioner, workmen's compensation. the accident occurred during the course and out of the employment. 4. sec. 53 of the employees state insurance act 1948 reads as under : "employees state insurance act 1948 .....
Tag this Judgment!