Court : Himachal Pradesh
Reported in : III(2006)ACC207,2007ACJ134,2006(2)ShimLC4
..... to the employment and was in the course of his employment. the deeming provision of section 51-c, which came into force by way of an amendment effected by employees' life insurance (amendment) act of 1966 (act no. 44 of 1966), enlarged the scope of the phrase 'in the course of employment' to include travelling as a passenger by the employer's ..... duty till he returned to rampur bushehar. however, thereafter he could not be said to be on duty.11. learned counsel for the claimants has also relied upon the national insurance co. v. smt. gurmeeto and ors. latest hlj 2006 (hp) 33 and branch manager, new india assurance co. ltd. v. siddappa and ors. : ilr2004kar3119 . in my opinion, ..... which is an incident of the employment the claim for compensation must succeed, unless of course the workman has exposed himself to an added peril by his own imprudent act.13. in a case of death caused by accident the burden of proof rests upon the workman to prove that the accident arose out of employment as well .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1996ACJ880
..... by the apex court in padma srinivasan's case, 1982 acj 191 (sc), that though section 95(2)(a) of the motor vehicles act, 1939, was amended by amending act, 1969, the liability of the insurance company in respect of third party risk would extend to the legal provision as it stood on the date of the accident. we are ..... cannot be any dispute that in the present claim petitions also, the liability of the insurance company would be limited to the contract of insurance.52. various decisions were placed before this court regarding amending section 92-a, which was added by the amending act of 1982. this section regarding 'no fault liability' was discussed in some of the ..... ). in that case the apex court considered the amending act of 1969 in respect of section 95(2)(a) of the motor vehicles act, 1939, vis-a-vis the liability of the insurance company and held that insurance of motor vehicles in respect of third party risk, the liability of the insurer would be extended to the legal provision, as .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(1993)ACC606,1993ACJ489
..... the liability undertaken by the insurance company with regard to the death of or bodily injury to a third party, caused by or arising out ..... accident in that case took place on 15th june, 1969, by which date the act had not been amended by amendment act no. 56 of 1969 and the amendment had not come into force. negativing the arguments put forth on behalf of the claimants in that case that since the vehicle had been comprehensively insured and higher premium had been paid, the limit of the ..... this appeal in view of the judgment of the apex court in national insurance co. ltd. v. jugal kishore 1988 acj 270 (sc), is no more res integra. the provision of clause (b) of sub-section (2) of section 95 of the act, as it stood prior to the amendment act no. 56 of 1969, was judicially interpreted. it was held that .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2(1996)ACC218
..... ratio laid down by the apex court in padma srinivasan's case (supra) that though section 95(2)(a) of the motor vehicles act, 1939 was amended by amending act, 1969, the liability of the insurance company in respect of 3rd party risk would extend to the legal provision as it stood on the date of the accident. we are ..... cannot be any dispute that in the present claim petitions also, the liability of the insurance company would be limited to the contract of insurance.43. various decisions were placed before this court regarding amending section 92-a, which was added by the amending act of 1982. this section regarding 'no fault liability' was discussed in some of the ..... 3scr244 in that case the apex court considered the amending act of 1969 in respect of section 95(2)(a) of the motor vehicles act, 1939 vis-a-vis the liability of the insurance company and held that insurance of motor vehicles in respect of 3rd party risk, the liability of the insurer would be extended to the legal provision, as it .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1998ACJ27
..... a change with the enactment of the motor vehicles act, 1988, as amended by the 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 163-b in chapter xi entitled 'insurance of motor vehicles against third party risks'. section 163 ..... the facts and circumstances of the case and we do not find any justification to interfere with the same.10. by the amendment act of 1994 a schedule was introduced in the motor vehicles act fixing the multiplier to be adopted normally. but the supreme court referred to the schedule in its judgment and pointed out that ..... the principle laid down by the supreme court is in no way violated in the present case. further, the schedule introduced by amendment act is not applicable to the present case as the accident took place long before the amendment act came into force. hence, the court cannot be guided by the table introduced in the schedule by the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2000ACJ1016
..... into force, the insurance company cannot be made liable for the compensation awarded in respect of the death of brij lal in a goods vehicle and that the ..... (karna-taka) and oriental insurance co. ltd. v. irawwa 1992 acj 918 (karnataka), that notwithstanding the fact that the accident occurred after the motor vehicles act, 1988, came into force with effect from 1.7.1989 but inasmuch as it was prior to 14.11.1994, the date on which the motor vehicles (amendment) act, 1994 (central act 54 of 1994), came ..... in that behalf:(19) as section 95 of the motor vehicles act, 1939 as amended by act 56 of 1969 is based on the english act, it is useful to refer to that. neither the road traffic act, 1960, nor the earlier 1930 act required users of motor vehicles to be insured in respect of liability for death of or bodily injury to passengers .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2005ACJ2009
..... explanation added to section 157(1) of the act by amendment act 54 of 1994, w.e.f. 14.11.1994. date of accident is 4.6.2001. therefore, doubt if any, after 14.11.1994 has also been removed. reason being that right to be indemnified under the policy of insurance is vested in the insured-owner of the vehicle and liability to indemnify ..... -objections, findings of motor accidents claims tribunal, hamirpur, recorded under issue no. 4 in the impugned award dated 15.1.2004, passed in m.a.c. petition no. 65 of 2002, titled sheela devi v. nanak chand, are set aside. consequently, it is held that for payment of compensation awarded by the tribunal below, liability is that of the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(2003)ACC477,2002ACJ2104,(2003)ILLJ265HP
..... he however, hastened to say that unless such provision is made retrospectively applicable to pending cases also.5. admittedly, this is not the situation in the present case as the amending act no. 46 of 2000 whereby in section 4(b) explanation 2 'rs. 4,000' was substituted for earlier existing rs. 2,000 came into force with effect from december ..... was thought fit to dispose of this case at the admission stage rather than keeping the file alive on the pendency list of this court because respondent no. 2 insurance company as already noted did not dispute its liability for payment of compensation with interest, we may add here that even if it had disputed still in view of ..... bench in neelakandan 's case is not correct. 5. our attention has also been drawn to a judgment of the full bench of the kerala high court in united india insurance co, ltd. v. alavi, 1998-ii-llj-896, wherein the full bench precisely considered the same question and examined both the above noted judgments. it took the view .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : III(2005)ACC885,2006ACJ1484
..... being the widow and minor child of deceased sanjay kumar filed a petition under section 163-a of the act for grant of compensation.4. insurance company raised various pleas and took up the plea that the provisions of section 163-a of the act are not applicable to the facts of the case.5. the tribunal held that the provisions of section ..... or vehicles concerned or of any other person.(3) the central government may, keeping in view the cost of living by notification in the official gazette, from time to time amend the second schedule.7. it has been submitted on behalf of the appellant that the provisions of section 163-a can only be invoked if the annual income of the ..... is well settled law that the rights of the parties are to be decided on the basis of the law as it stands on the date of the accident. the amended provisions cannot be made retrospective.11. a division bench of this court in kashmiri lal v. doaba roadways 1998 acj 1314 (hp), following the law laid down by the supreme .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2005ACJ329,[2005(104)FLR1159]
..... court in mines manager v. waheedul hague abbasi, 1994 acj 334 (mp). in para 8 of the judgment, the learned single judge expressed his view that as amending act 22 of 1984 is a piece of welfare legislation, it should be given retrospective effect to the benefit of the employee in determining his entitlement to compensation in ..... it will take away the vested rights of the owner as well as the insurance company, which cannot be done unless the language of the act is clear,'5. faced with this situation, learned counsel for the respondent submitted that in a beneficent legislation, amended provision need to be given retrospective effect. in view of the aforesaid division bench ..... this appeal, impugned order of commissioner, workmen's compensation, hp pwd, south zone, winter field, shimla-171003, in case no. lao-sln-129(5)/93, dated 6.5.2002, titled as kewal ram v. executive engineer, hp, pwd, (b&r;), solan division, is modified in the following terms;(a) that the respondent is held entitled to .....
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