Court : Gujarat
Reported in : [2001(88)FLR1025]; (2000)3GLR2212; (2001)ILLJ497Guj
..... -a to exh. 1 is not covered under the definition of the term 'wages' under section 2(22) of the employees' state insurance act, 1948 and the employees' state insurance corporation was not entitled to recover from accumax ltd., rajkot, the contributions with regard to the said amount paid by the applicant to its ..... aforesaid is covered by the definition of 'wages' as given in section 2(22) of the employees' state insurance act, 1948 section 2(22) of the act is reproduced as under for ready reference : '2. definitions. - in this act, unless there is anything repugnant in the subject or context, ......... (22) 'wages' means all remuneration ..... of ujwal foundry pvt. ltd. 4. accumax ltd. of rajkot (concerned in first appeal no. 296 of 1980) and ujwal foundry pvt. ltd., rajkot (concerned in first appeal no. 297 of 1980) preferred separate applications under section 77 of the employees' state insurance act, 1948 against the employees' state insurance corporation. these applications were separately .....
Tag this Judgment!Court : Gujarat
Reported in : 1998ACJ1003; (1997)3GLR736
..... into the facts of the case, rival versions and considering the definitional clause of section 2(34) of the new act read with section 147 of the new act and purport and design of the said provisions, situational reality, the appellant-original opponent no. 3, insurer is liable to pay compensation to the original claimant as it is bound to indemnify the ..... accident.34. it may further be stated that some of following items were damaged in the vehicular accident :(i) engine(ii) engine turbo (two nos.)(iii) panel board(iv) air conditioner split unit(v) radio unit(vi) fire unitthese valuable items were damaged on account of the fact that apart from retrieval of the truck from the road to ..... public carrier entered into the main road and at that time the driver of the public carrier applied the brakes for the exact reasons which are not placed on record.(iv) as a result of which the truck gear box, brake pipe, gear joint, etc., had been broken, and(v) as a result of which the public carrier again .....
Tag this Judgment!Court : Rajasthan
Reported in : (1995)IILLJ209Raj; 1994(1)WLC664
..... .n.munshi, the learned counsel appearing for the petitioner, has drawn my attention to section 64vb of the insurance act, 1938. section 64vb(1) provides that no insurer shall assume any risk in india in respect of any insurance business on which premium is not ordinarily payable outside india unless and until the premium payable is received by ..... premium has been paid in cash or by cheque to the insurer. clause (4) of section 64vb also provides that where an insurance agent collects a premium on a policy of insurance on behalf of an insurer, he shall deposit with, or dispatch by post to, the insurer, the premium so collected in full without deduction of his commission ..... was transferred to a far flung place like jhalawar on august 26, 1987 as officiating branch manager. thereafter, efforts were made to implicate him in false cases.4. it was further submitted that on account of the conspiracy, false charges were framed against him and the charge-sheet (annexure-7) dated september 28, 1988 .....
Tag this Judgment!Court : Rajasthan
Reported in : 2005ACJ211; 2004WLC(Raj)UC706
..... entire sum under the policy.6. aggrieved with the aforesaid award dated 27.4.1988 passed by m.a.c.t., the insurance company appealed before this court for limiting its liability to rs. 50,000, the statutory liability fixed under the act of 1939. the insurance company did not succeed before this court; either before the learned single judge ..... or before the division bench in special appeal. the matter was taken to supreme court.7. the supreme court vide its order dated 17.4.2003 noticed that in the written statement filed by ..... supreme court.20. this brings us to the facts of the present case. there is no dispute about the finding that the premium charged by the insurance company was in excess of 'act only policy' and was under heading b 'liability to public risk', which was indicated at rs. 240 along with other premium with which we were .....
Tag this Judgment!Court : Rajasthan
Reported in : IV(2006)ACC570
..... not be liable. in the case of ved prakash garg (supra), the apex court had clearly stated that where the insurance company has insured the employer-owner of the vehicle against the compensation under the workman compensation act, it would be liable for the payment of the interest upon imposition against the employer. in the present case before us ..... the imposition of penal interest is illegal. in order to support this contention, she has relied upon the case of national insurance co. ltd. v. keshav bahadur and ors. i (2004) acc 581 : 2004 (2) tac 1 (sc).4. on the other hand, mr. sandeep mathur, the learned counsel for the respondents, has argued that in fact a ..... his minor son, suddenly lost the sole bread earner of the family, they filed a claim petition before the workmen's compensation commissioner for a compensation of rs. 4,15,960. meanwhile ram narain jat also filed a claim petition before the same workmen's compensation commissioner for a compensation of rs. 5,37,600. both the .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003ACJ2008; 2002(2)WLC607
..... supreme court held as under:despite the bar created by section 64-vb of insurance act, the appellant, an authorised insurer, issued a policy of insurance to cover the bus without receiving the premium therefor. by reason of the provisions of sections 147(5) and 149(1) of motor vehicles act, the appellant became liable to indemnify third parties in respect of the liability which ..... in the way so far as compensation to third party is concerned.11. the facts of the instant case are that the appellant insurer issued the cover note exh. 44 on 12.8.1988 at 4.45 p.m. and insurance policy exh. a-2 covering risk to third party commencing from 12.8.1988 to 11.8.1989. it is the case ..... cover note was exhibited as exh. 44), cover note no. 355605 and he had received a premium of rs. 872 on 12.6.1988 at 4.45 p.m. and after having received the premium of insurance, he issued the said cover note. he further stated that between 12.6.1988 and 16.8.1988, there were holidays and, therefore, the amount .....
Tag this Judgment!Court : Chennai
Reported in : 2001ACJ856; (2000)1MLJ97
..... the ground of maintainability.9. this court as well as the apex court has held that the insurance company could only question the liability on the basis of various defence pleas detailed under section 96(ii) of the insurance act, 1938. but, in this case, the appellant individually chose to question the finding with regard to the quantum ..... the hospital. hence, the claimants filed a petition for compensation against the owner of the lorry and the insurance company, seeking compensation of rs.4,25,000.6. the owner of the lorry remained ex parte. the insurance company, which was contesting the claim, though filed a counter, neither choose to examine any witness nor to ..... .(3) court-fee is payable on cross-objection like that on the memorandum of appeal. provisions relating to appeals by indigent person also apply to cross-objection.(4) even where the appeal is withdrawn or is dismissed for default, cross-objection, may nevertheless be heard and determined.(5) respondent even though he has not .....
Tag this Judgment!Court : Chennai
Reported in : (1970)IILLJ243Mad
..... in respect of employees working in the various departments of the studios which are not covered by the definition of the term 'factory' in the employees' state insurance act. the petitioners have raised not only a controversy in regard to the payment of contribution in respect of those employed in the departments not covered by the ..... been made on an ad hoc basis, as the factory in each case failed to furnish the particulars required under section 73-e of the employee^ state insurance act.2. the main contention of the petitioners is that the claim itself is barred by limitation. the only provision is rule 17 which has prescribed a period ..... without any considerations of limitation.4. but it must be understood that the principle laid down by the supreme court in the above said case is for claiming the statutory benefits conferred on the employees by the industrial disputes act. but, in the instant case, the claim is under the employees' state insurance act which provides for certain benefits .....
Tag this Judgment!Court : Chennai
Reported in : I(1990)ACC341
..... 132. our attention was also drawn to paragraph 89 at page 59 of volume 25 of halsbury's laws of england, fourth edition and section 33(2) of the marine insurance act, 1963. on the other hand, the learned counsel for the exporting firms submitted that on the facts and circumstances of this case, there was no question of any change ..... had endorsed and transferred the rights under the policy in its favour to the respondent in appeal no. 428 of 1979, which was recognised under section 52 of the marine insurance act, and therefore, the objection regarding the non-joinder was of no avail.5. in the other three suits, namely, o.s. nos. 21,44 and 51 of 1977, sub ..... change in the voyage at all. it follows that clause a.4 of the institute cargo clauses could not be taken advantage of by the insurance company to deny its liability on the ground that an extra premium had not been arranged for a change of voyage. likewise, section 33(2) of the marine insurance act, 1963, also cannot be relied upon by the .....
Tag this Judgment!Court : Chennai
Reported in : (1997)IIMLJ514
..... be held that the notification is applicable to the premises in question in all fours. in addition to that, the finding of the tribunal that the employees' state insurance act being a beneficial act empowers more benefits to the employees of the petitioner than the three enactments relied by the respondent. i am of opinion that there is no merit in this ..... the employees working in the premises are less than 20, it is contended by the learned counsel appearing for the respondent that the inspection report marked as ex.r-4 would show that there were more than 28 persons employed in the main place of business of the petitioner and the fact that there were less than 20 in the ..... fund would not come up to double levy. the petition is therefore liable to be dismissed. 4. on the above pleadings, an enquiry was held by the learned e.s.i. judge, tirunelveli and he has given a finding that the e.s.i. act which is anterior in time, is more beneficial and favourable to the employees and therefore the .....
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