Court : Gujarat
Reported in : 2002ACJ780; (2001)3GLR2528
..... designed to provide compensation to families for loss occasioned by the death of a person caused by actionable wrong. this act has hardly 4 sections and section 1a which is amended in 1951 by the amendment act of 3 of 1951, provides suit for compensation to the family of a person for loss occasioned to it by his ..... of matador. the amount of compensation claimed in each petition before the tribunal was also questioned, whereas the passenger matador party, like that, the owner-insured and the insurer also by filing written statement refuted their liability, inter alia, contending that the accident was the outcome of the gross rashness and sheer negligence on the ..... awarding compensation by the claims tribunal. the procedure and powers of claims tribunals are also provided in section 169. the tribunal is also empowered to implead the insurer in certain cases. the claims tribunal is also empowered to award interest where any claim is allowed under section 171 and also cost even in the nature .....
Tag this Judgment!Court : Gujarat
Reported in : II(1987)ACC80; AIR1988Guj13; (1987)1GLR559
..... were inserted by amending act 56 of 1969. thus, in case of road accidents that took place prior to 2-31970, the tribunal while passing awards under the act had to specify, because of the legislative mandate, the amount which was to be paid by the insurer of the offending ..... revenue. by the very amending act by which words 'or owner or driver of: -' the vehicle involved in the accident or by aft or any of them, as the case may be' were inserted in last part of section 110-b, the words 'an insurance in section i 10 ..... insertion of the later part of s. i 10-b in its present form. before s. i 10-b later part was amended by act 56 of 1969 with effect from 2-3-1970, later part of the then existing section i 10-b read as under: ..... which the controversy will have to be resolved. relevant provisions for our consideration are found in chapter viii of the act. this chapter deals with insurance of motor vehicles against third party risks. it must be stated that the accident in question occurred on 4-10- .....
Tag this Judgment!Court : Gujarat
Reported in : (1979)1GLR134
..... /or his paid driver attendant or cleaner and/or a person in the employ of the insured coming within the scope of the workmen's compensation act, 1923 and subsequent amendments of the said act and engaged in and upon the service of the insured at the time such injury is sustained whilst mounting into, dismounting from or travelling in but ..... we are of the opinion that within the meaning of clause (b) of sub-section (2) of section 95 of the motor vehicles act, 1939, the appellant insurance company is liable to indemnify the insured in respect of each of the two deaths to the extent of rs. 50,000/- and the claimants are entitled to recover compensation from the ..... which we are taking. in izzard's case (supra), the house of lords has also compared two similar provisions occurring in the english act and expressed the same view.14. in the oriental fire and general insurance co. ltd. new delhi v. smt. gurdev kaur and ors. the expression 'a contract of employment' came up for construction before .....
Tag this Judgment!Court : Gujarat
Reported in : [1985]58CompCas297(Guj); (1982)2GLR458
..... is hereby understood and agreed that notwithstanding anything contained herein to the contrary, the company shall indemnify the insured against his legal liability under : the workmen's compensation act, 1923, and subsequent amendments of that act prior to the date of this endorsement, the fatal accidents act, 1855, or at common law, in respect of personal injury to any paid driver (or cleaner or conductor ..... employed in connection with the loading and/or unloading in the service of the insured. the endorsement indicates an additional liability to indemnify the insured against the legal liability under the workmen's compensation act, 1923, and subsequent amendments to that act prior to the date of the endorsement, the fatal accidents act or at common law. since the additional liability to pay compensation under the .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)2GLR1348
..... making the award the claims tribunal shall specify the amount which shall be paid by the insurer.the words 'or owner or driver of the vehicle involved in the, accident or by all or any of them, as the case may be' were inserted by amending act 56 of 1969. thus, in case of road accidents that took place prior to 2-3 ..... -1970, the tribunal while passing awards under the act had to specify, because of the legislative mandate, the amount which was to be paid by the insurer of the offending vehicle. but only on that basis, it ..... same manner as an arrear of land revenue. by the very amending act by which words 'or owner or driver of the vehicle involved in the accident or by all or any of them, as the case may be' were inserted in last part of section 110-b, the words 'an insurer' in section 110-e were substituted by the words 'any person .....
Tag this Judgment!Court : Gujarat
Reported in : (1976)17GLR382
..... force in regard to the investigation of the said offences. thereafter on 6th march, 1952, this act was amended by delhi special police establishment (amendment) act 1952 (act no. 26 of 1952). it should be noted here that when the principal act was brought into the statute book in the year 1946, our country was governed by the constitution ..... sections, which are enacted by the parliament, obviously convey. as already noted above, the amendment, which is brought by the amendment act of 1953 in the long title and the preamble of the act, clearly shows that the operation of the act is not confined only to the departments of the central government and other corporations. the ..... this is how we get the spur ned enactment in the present form. the details of the different amendments winch have been brought about in this act, have been sufficiently narrated by the supreme court in the management of advance insurance coltd v shn gumdasmal and ors. and, therefore we need not repeat the : [1970]3scr881 se .....
Tag this Judgment!Court : Gujarat
Reported in : II(1998)ACC27; 1999ACJ102; (1998)2GLR279
..... motor vehicles as a liability without fault. the law commission also suggested certain reforms and, therefore, chapter vii-a was introduced in the motor vehicles act, 1939 by motor vehicles (amendment) act, 1982. as per the said provision, a person injured in an accident who suffered permanent disablement was entitled to recover rs. 7,500 and ..... in relation to the death of or bodily injury to any person, includes liability in respect thereof under section 140.section 146 provides for necessity of insurance for use of a motor vehicle in a public place. section 147 provides for requirements of policies and limits of liability which contains certain exclusion clauses, ..... amounts paid to the claimants under this order, from the owner of the vehicle.31. the appeals are allowed with costs. respondent no. 2, united india insurance co. ltd., is directed to deposit the aforesaid amount of compensation in each case together with interest thereon with the motor accidents claims tribunal, rajkot within .....
Tag this Judgment!Court : Gujarat
Reported in : 2003ACJ839; (2004)3GLR2018
..... to decide, at the time of filing the main petition, whether they want to claim interim compensation either under section 140 or under section 163a of the act. the insurance company has also raised a contention that in case the application under section 163a is decided, the main petition will conclude. this contention has been examined by ..... is contemplated for award on the basis of predetermined compensation provided in schedule. central government has made it open vide sub-section (3) of section 163a to amend the same to keep pace with the varying cost of living in the country. on a proper reading of section 163a, an application made thereunder is required to ..... schedule.11. recently the division bench of bombay high court has examined the scope of section 163a of the m.v. act in case of latabhai bhagwan kakate v. mohmad ismail mohd. saab bhagwan reported in 2002 acj 407. the relevant paragraphs are quoted as under:'6. it seems that the legislature has accepted the recommendation of .....
Tag this Judgment!Court : Gujarat
Reported in : 1979ACJ186; AIR1979Guj26; (1979)0GLR123
..... is hereby understood and agreed that notwithstanding anything contained herein to the contrary the company shall indemnify the insured against his legal liability under: - the workmen's compensation act. 1923 and subsequent amendments of that act prior to the date of this endorsement, the fatal accidents act, 1855 or at common law, in respect of personal injury to any paid driver (or cleaner or conductor ..... from this endorsement that in consideration of the payment of additional premium the insurance company had, amongst other things, undertaken to indemnify the insured against his legal liability under:-(1) the workmen's compensation act, 1923 and subsequent amendments of that act prior to the date of the endorsement, (2) the fatal accidents act, 1855, or (3) at common law, in respect of personal injury, inter .....
Tag this Judgment!Court : Gujarat
Reported in : I(2000)ACC610
..... for workmen's compensation, the applicants were not disentitled to get the compensation. the tribunal further, observed that under the amended provisions of the workmen's compensation act, the employer and the insurance company ought to have deposited the compensation with the commissioner for workmen's compensation without any application having been filed and since ..... (main), rajkot shall stand transferred to the commissioner for workmen's compensation at rajkot as an application for compensation under the workmen's compensation act, 1923.(ii) the petitioner-insurance company shall deposit the amount of rs. 81,540/- being the amount of compensation payable to respondent nos. 1 to 5 under the ..... commissioner for workmen's compensation at rajkot, within six weeks from today.(iii) it is held that the petitioner insurance company is not liable to pay the amount of penalty under the said act and that the amount of penalty shall be paid by the respondent no. 6-employer.(vide decision of the .....
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