Court : Karnataka
Reported in : ILR2004KAR4748; 2004(7)KarLJ388
..... to section 48. the said provisions read as under:(2a) : the regulations and other provisions as in force-immediately before the commencement of the life insurance corporation (amendment) act, 1981, with respect to the terms and conditions of service of employees and agents of the corporation including those who became employees and agents of the ..... on 31st of january, 1981 provided that under sub-section (2a) of section 48 of the life insurance corporation act, 1956, the regulations which were already in force immediately before the commencement of the amendment act, shall be deemed to be rules made by the central government and they shall be deemed to have ..... , settlement, award or other instrument for the time being in force.9. provisions of the lic act as amended by the lic amendment act came up for consideration of the supreme court in m. venugopal v. the divisional manager, life insurance corporation of india, machilipatnam : (1994)illj597sc . in that case, service of a probationer was .....
Tag this Judgment!Court : Karnataka
Reported in : 2001ACJ1528; AIR2001Kant275; ILR2001KAR2879; 2001(5)KarLJ322
..... situation has now undergone a change with the enactment of the motor vehicles act, 1988, as amended by amendment act 54 of 1994. the most important change introduced by the amendment insofar as it relates to determination of compensation is the insertion of sections 163-a and 163b in chapter xi entitled 'insurance of motor vehicles against third party risks'. section 163-a begins with a ..... of negligence in causing the accident. it creates an absolute liability in derogation of the provisions of fatal accidents act. the proposed amendment was also a deviation from the common law liability under the law of torts. section 163-a mandates that an insurer shall be liable to pay in the case of death or permanent disablement due to the accident arising out .....
Tag this Judgment!Court : Karnataka
Reported in : III(2002)ACC350
..... situation has now undergone a change with the enactment of the motor vehicles act, 1988, as amended by amendment act, 54 of 1994. the most important change introduced by the amendment insofar as it relates to determination of compensation is the insertion of sections 163a and 163-b in chapter xi entitled 'insurance of motor vehicles against third party risks'. section 163a begins with a non ..... of negligence in causing the accident. it creates an absolute liability in derogation of the provisions of fatal accidents act. the proposed amendment was also a deviation from the common law liability under the law of torts. section 163-a mandates that an insurer shall be liable to pay in the case of death or permanent disablement due to the accident arising out .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1999KAR2998; (1999)IIILLJ1533Kant
..... dispute that with the change of law in incorporating the words, 'as assessed by the qualified medical practitioner' in section 4(i)(c)(ii) by the amendment act 22/84, it is incumbent on the claimants before the commissioner to adduce evidence by examining the medical practitioner as to the loss of earning :apacity after ..... did not adduce evidence as to the loss of earning capacity as contemplated under section 4(i)(c)(ii) of the w.c. act. the learned counsel for the appellant-insurance company while taking me through the facts of the case and further taking me through the impugned awards passed by the respective commissioners adverted ..... his claim.in the examination-in-chief the said doctor-witness in his examination had deposed as hereunder:-vernacular matter ommittedin the cross-examination by the appellant-insurance company the said doctor-witness had deposed as hereunder:-vernacular matter ommitted11. if one carefully reads the above evidence adduced by the respondent claimants before the .....
Tag this Judgment!Court : Karnataka
Reported in : [2002(93)FLR1037]; ILR2002KAR1768; 2002(3)KarLJ161
..... arise only after the decision by the insurance court in the proceedings is laid under section 75 of the act. until then, the cause of action cannot be said to have arisen. in other words, there is no bar of limitation. it is seen that the act was subsequently amended by section 30 of the amendment act 28 of 1989 which came into effect ..... came to be passed on 21-9-1990 levying contribution of rs. 16,907/-. according to the respondents the said demand is barred by limitation by virtue of the amendment of esi act in 1989. in order to appreciate the facts in relation to the law applicable to the case, it is necessary to narrate section 45-a under which the ..... with effect from october 20, 1989. it provides application can be made within 3 years from the date of arising of the cause of action. this amendment has no application to the proceedings in this case .....
Tag this Judgment!Court : Karnataka
Reported in : 1999ACJ1419; AIR2000Kant1; [1999]98CompCas725(Kar); ILR1999KAR2725; 2000(2)KarLJ16
..... in order to ensure safeguard to victim employees, as well, by motor vehicles (amendment) act, 1956, deleted the said sub-section (3) of section 95 and amended the proviso to sub-section (1) thereof by providing for compulsory insurance to cover the liabilities arising under the compensation act. the amended section 95 of the act, to the extent it relates to goods vehicle, reads thus.-'95. requirements ..... goods vehicle to get insured against the risk of death or bodily injury of his employees arising out of and in the course of their employment because of the use of the vehicle in a public place, in respect of the liability arising under the compensation act.re: question no. (ii):20. the above provisions, as amended by 1956 amendment act, have been bodily incorporated .....
Tag this Judgment!Court : Karnataka
Reported in : 2003ACJ809; 2003(3)KarLJ333
..... 17 of the cpc during the pendency of the above appeal praying for amendment of the original claim petition to be under section 163-a of the act instead under section 166 of the act. the second respondent-insurance company has opposed this application for amendment and has prayed for rejecting the same. 11. we have heard at ..... another or simultaneously under both provisions. the compensation payable under section 140 of the act having been paid to the claimants and that option having been exhausted, the 2nd respondent-insurance company is justified in opposing the application for amendment to permit the appellant to convert the original claim petition to be as one under ..... appeal seeking for enhancement of the compensation; that the application for amendment seeking for converting the application as originally, filed under section 166 of the act to be as one under section 163-a of the act, is objected to and opposed by the insurance company; that it cannot be allowed in law having regard to .....
Tag this Judgment!Court : Karnataka
Reported in : 1992ACJ1; [1992]75CompCas141(Kar); ILR1991KAR2045; 1991(3)KarLJ505
..... in a vehicle. again in respect of sub-clause (ii) of section 95(1)(b) which was inserted into the act by amending act 56 of 1969, there is no dispute that it requires that the insurance policy should cover the risk against death or bodily injury to any passenger of a public service vehicle, namely, a contract ..... been specifically incorporated in clause (ii) of section 95(1)(b) of the act by the amending act 56 of 1969 and any such interpretation renders one of the provisions otiose and, therefore, such an interpretation should not be given. learned counsel for the insurance company, however, submitted that actually clause (ii) of the proviso to section 95 ..... into force, the controversy arising in these cases does not arise. learned counsel for the insurance company, as stated earlier, had submitted that actually the said clause should have been deleted in the 1939 act by the amending act 56 of 1969, when sub-clause (ii) was incorporated creating statutory liability in respect of death of, or .....
Tag this Judgment!Court : Karnataka
Reported in : 2007ACJ1497
..... in the goods vehicle, when that vehicle meets with an accident.2) in claims covered under the provisions of the motor vehicles act, 1988, arising from 1-7-1989 till 14-11-1994, the day the amendment act came into force, the insurance company is not liable to pay any compensation, to the injury sustained or death caused to gratuitous passenger, fare paying passengers ..... of the 3rd parties and any passenger of a public service vehicle, the liability incurred is unlimited. the cover of insurance is against any liability, which the insured may incur in respect of death of or bodily injury to any person. by amendment act 54/1994 which came into effect from 14.11.1994 the injury to any person includes the owner of the .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1992Kant3
..... travelling in a vehicle. again in respect of sub-clause (ii) of s. 95(l)(b) which was inserted into the act by amending act 56/69, there is no dispute that it requires the insurance policy should cover the risk against death or bodily injury to any passenger of a public service vehicle, namely, a contract carriage ..... into force, the controversy arising in these cases docs not arise. the learned counsel for the insurance company, as stated earlier, had submitted that actually the said clause should have been deleted in the 1939 act by the amending act 56/59, when sub-clause (ii) was incorporated creating statutory liability in respect of death of or ..... has been specifically incorporated in clause (ii) of section 95(1)(b) of the act by amending act 56/69 and any such interpretation renders one of the provisions otiose and therefore such an interpretation should not be given. the learned counsel for the insurance company, however, submitted that actually clause (ii) of the proviso to section 95 .....
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