Court : Kerala
Reported in : 2012(3)KLJ864; 2012(3)KLT897
..... aforesaid view of the matter, it is not necessary for us to dwell further as to whether the appellant's application for compensation ought to have been amended. he has the right to compensation in terms of the schedule to the compensation rules as it stood as on the date of the accident. that ..... the term 'untoward incident' was inserted into the preamble of the tribunal act with effect from 1.8.1994. however, the railway claims tribunal procedure rules, 1989, for short, the tribunal rules, which was in force while the aforesaid amendments came, remained without any consequential amendment. they are statutory. they remain unchanged. pithily put, the railway claims ..... , for short, the "tribunal act". he challenges the quantum. 2. supporting the appeal, it is argued that the tribunal ought not to have restricted the compensation amount from what is provided as per the compensation rules, merely on the premise that the applicant had not applied for amendment of his application for compensation. .....
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Reported in : 1982(II)KLT248
..... the state itself is not ready to take such an extreme step is the indication one gets from the industrial disputes (amendment) bill, 1982 now before parliament. the bill is intended to amend the i.d. act; the term 'industry' is itself being redefined as any systematic activity carried on by the co-operation of employers and ..... flies planes, digs canals, generates electricity, distributes essential articles, carries letters establishes schools, colleges, ports and poor homes. it is active in the field of mining, banking, insurance, shipping and fishing. it sets up factories and workshops, markets and fairs, gas and gas work, hotels and hospitals, libraries and museums. under article 19(6) of ..... desire of working men and women for better] benefits. even otherwise, it is for the state to act if it thinks that government servants who are also workmen, should not get] double benefits. it can amend the i.d. act or bring in other legislation, as suggested by krishna iyer, j., and beg, c.j., instead .....
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Reported in : III(2005)ACC823; 2005(3)KLT496
..... is meant to carry goods, when it is fitted with a trailer carrying goods as in this case. the accident being one occurred subsequent to the amendment to the motor vehicles act enforced with effect from 14.11.1994, necessarily such persons carried in the goods vehicle are also covered by the policy which specifically covers the trailer ..... trailer, therefore, as it was carrying vegetables owned by a businessman, were not being used for agricultural purposes. it was in the above circumstances, the coverage of the insurance was declined in that case relying on new india assurance co. ltd. v. asha rani and ors., 2003 (1) klt 165, especially when the accident was before ..... the impugned award of the motor accidents tribunal, which directs the payment of compensation to the dependents of the deceased, less rs. 50,000/-, for which the insurer was made liable.2. the writ petition is filed by the wife of the first appellant, when revenue recovery proceedings was initiated, to recover the award amount, .....
Tag this Judgment!Court : Kerala
Reported in : II(1993)ACC259; 1993ACJ343; [1993]77CompCas134(Ker)
..... in that case, the policy issued by the insurance company covered 'liability under chapter viii of the motor vehicles act, 1939'. the facts were that the policy was issued on may 31, 1969, for the period from june 30, 1969, to june 29, 1970. section 95(2)(a) was amended by the motor vehicles amendment act (56 of 1969) by which the particular coverage ..... on november 25, 1981, when the accident occurred, the statutory liability of the insurance company will be only rs. 5,000 under section 95(2)(b)(ii). the said statutory liability was enhanced to rs. 15,000 by the amendment to section 95(2)(b)(ii) by act 47 of 1982 which came into force on october 1, 1982. subsequently, by ..... the provisions of section 147(2)(a) of the motor vehicles act. 1988, which came into force on july 1, 1989, the said liability of the insurance company has been made unlimited. we .....
Tag this Judgment!Court : Kerala
Reported in : AIR1969Ker91
..... . 12. conditions of service of aided school teachers:-- (1) the conditions of service of teachers in aided schools, including conditions relating to pay, pension, provident fund, insurance and age of retirement, shall be such as may be prescribed by the government. (2) no teacher of an aided school shall be dismissed, removed or reduced in ..... of headmasters) in an aided school. 5. section 15 of the interpretation and general clauses act 1125, as amended by the kerala acts iii of 1957 and xxiii of 1958, which admittedly applies to the kerala education act, reads thus: 'where, by any act, a power to make any appointment is conferred, then unless a different intention appears, the ..... aided schools under rules 67, 75 and 77 of the kerala education rules, 1959. 2. the abovementioned rules have been made by the government of kerala as amendments to the original rules is-sued in 1959 and are published in the kerala gazette dated 2nd february, 1965. the main controversy is about the rules being .....
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Reported in : 1991ACJ597
..... committee instructions and observes in para 5 as follows:.there is no statutory liability for the insurance company to pay compensation to a passenger, a contract of insurance can provide otherwise...the motor vehicles (passenger insurance) act of 1971 made insurance cover for the passenger's liability compulsory. but, absence of the statutory provisions covering ..... shows that in order to make the intention clear that the comprehensive private car policy covers passenger's liability, the tariff advisory committee decided to amend clause 1 of section ii of private car comprehensive policies by incorporating certain wording after the words 'death of or bodily injury to any person'. ..... are 'including occupants carried in the motor car provided that such occupants are not carried for hire or reward'. the circular mentions that this amendment should be deemed to have come into force from 25th march, 1977. it is quite clear that these instructions would cover only comprehensive policies and .....
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Reported in : 2009(2)KLJ724
..... constitutional failure' on the part of the respondents in so far as they are virtually shiridng off their statutory duties to give effect to the 'act' by incorporating appropriate amendments, thus, acting detrimental to the interest of the workers, without any regard to the object and scope of the enactment and in turn/against the legislative intent ..... of the ministries of commerce, finance and labour and also the state government of assam, west bengal, kerala and tamil nadu was constituted on 5-6-2002 to look into the various issues concerning the plantation sector. it is stated that the 'inter-ministerial committee' had submitted the report to the ministry of labour ..... would be for the state in such a situation to justify the reasonableness thereof.while declaring rule (9(2) of the abkari shops (disposal in auction)rules, 2002 (kerala) as invalid and ultra vires, being unworkable, vague and unreasonable, the apex court also placed reliance on the law declared earlier in hamdard dawakhana v. .....
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Reported in : II(1991)ACC242
..... instructions and observes in paragraph 5 as follows:there is no statutory liability for the insurance company to pay compensation to a passenger, a contract of insurance can provide otherwise...the motor vehicles (passenger insurance) act of 1971 made insurance cover for the passenger's liability compulsory. but, absence of the statutory provisions covering ..... clearly shows that in order to make the intention clear that the comprehensive private car policy covers passengers liability, the tariff advisory committee decided to amend clause 1 of section ii of private car comprehensive policies by incorporating certain wording after the words death of or bodily injury to any person. ..... are 'including occupants carried in the motor car provided that such occupants are not carried for hire or reward'. the circular mentions that this amendment should be deemed to have come into forge from 25th march, 1977. it is quite clear that these instructions would cover only comprehensive policies and .....
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Reported in : II(1989)ACC593
..... similar provision in clause (a) of sub-section (2) regarding goods vehicle. it prescribes limit of rs. 50,000/-'in all'. the limit has undergone changes by amendments. the supreme court bad occasion to consider the words used, namely, 'any one accident' in the main provision of sub-section (1) and the monetary limit expressed ..... the finding regarding composite negligence and 50 percent liability fixed on him. he further contends that if be is found liable, it must be discharged by his insurer. legal representatives of pangunni have filed m.f.a. no. 638 of 1983 challenging the quantification made in their case, the finding regarding contributory negligence and ..... the motorcycle. correctness of this finding is canvassed by learned counsel representing the legal representatives of mohandas and the appellant. the insurance policy is exh. b-3. it shows that the policy was strictly an act policy. the requirements of policies and limits of liability are laid down in section 95 of the motor vehicles .....
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Reported in : [2003(96)FLR1133]; (2003)ILLJ94Ker
..... of the appellant claiming contribution to the tune of rs. 21,649/- from the respondent.3. the respondent herein was an establishment covered under the employees' state insurance act by virtue of the notification issued by the government on 29.3.1975. in addition to the establishment at kochi, they got branches at various places within the ..... in number. therefore,when the establishment stood continued to be covered upto 1.4.1990 the amendmentbrought out will apply to such establishment and by virtue of the amendment suchestablishment will continue to be covered even thereafter. hence it is necessary thatthe court below will enter a finding based on the evidence as to which is ..... year from 1.4.1989 and that the applicant had also paid the contribution upto april 1990. after entering such a finding, the court below held that the amendment brought out as on 20.10.1989 to the effect that notwithstanding any reduction in the employment strength, the establishment will not go out of the coverage, .....
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