Court : Kerala
Decided on : Dec-22-1986
Reported in : AIR1987Ker103; (1987)IILLJ183Ker
Sukumaran, J.1. The question referred to the Full Bench relates to the interpretation to be placed on Sections 53 and 61 of the Employees' State Insurance Act, 1948 (hereinafter referred to as the 'Act').2. A Division Bench of this Court made some general observations on the scope of the sections in the decision in Abad Fisheries v. Commr. for Workmen's Compensation, 1985 Ker LT 104. The correctness of the observations was doubted by the Division Bench. Those observations would in one view be treated as obiter, in the light of the ultimate factual situation about the payment effected to the claimant, which was noted with satisfaction in the decision itself. It was felt desirable that the legal position is laid down authoritatively by a Full Bench of this Court, as the decision had wide application in relation to large number of claims arising in the industrial sector.3. The C. M. Appeal is against an order of the court below which upheld the defendant-employer's objection about the ous...
Tag this Judgment!Court : Kerala
Decided on : Jul-04-1986
Reported in : 2(1986)ACC369
V. Sivaraman Nair, J.1. The claimant in M.V.C.P. No. 38 of 1979 before the Motor Accidents Claim Tribunal, Ernakulam, is the appellant. Her son, Xavier, died in a bus accident on 29-8-1975. The accident involved stage carriage bearing registration No. XLP 1835. That vehicle is said to have hit the bicycle which the deceased, Xavier was riding throwing Xavier on to the road and he was crushed under the vehicle. He succumbed to the injuries shortly thereafter. He was aged 24 years in that time, and was earning Rs. 250/- per month The claim of the appellant before the Tribunal was for an amount of Rs 75,000/- towards compensation, against the first respondent-owner, second respondent-driver, and the third respondent insurer of the stage carriage, KLP 1835.2. The Tribunal awarded an amount of Rs. 15,000/- towards compensation with interest at 6% from the date of the award. An amount of Rs. 15,000/- was deposited pursuant to that award in April, 1981. The appellant seeks enhancement of the ...
Tag this Judgment!Court : Kerala
Decided on : Apr-04-1986
Reported in : II(1986)ACC334; [1989]66CompCas932(Ker)
Bhat, J.1. Appellant herein filed a claim application before the Motor Accidents Claims Tribunal, Kozhikode, under Section 110A of the Motor Vehicles Act, 1939 (for short 'the Act'), claiming a total amount of Rs. 30,000 as compensation under various heads on account of injuries sustained by him in the course of an accident. He impleaded the owners, drivers and insurers of the two vehicles. Some of the respondents including the insurers contested. The Tribunal allowed the claim to the extent of Rs. 2,100 with costs, fixing the advocate's fee at Rs. 150. Being dissatisfied with the award, the claimant has filed this appeal.2. Sri K. S. Rajamony, representing the Indian Association of Lawyers, Kerala Chapter, has been requested to give legal aid to the appellant. Sri Rajamony has addressed arguments on behalf of the appellant.3. On September 13, 1976, at about 12 noon, the appellant was a passenger in bus KLH-2185 belonging to the second respondent. When the bus reached Orkkatteri, anoth...
Tag this Judgment!Court : Kerala
Decided on : Mar-10-1986
Reported in : I(1987)ACC461; AIR1987Ker47; [1990]68CompCas192(Ker)
Bhat, J. 1. This is an appeal filed by the insurer under Section 110D of the Motor Vehicles Act, 1939 (for short 'the Act') challenging the award passed by the Claims Tribunal under Section 110B of the Act. The appeal has been posted for hearing on admission. Learned counsel for the appellant has raised a preliminary objection to the effect that an appeal under Section 110D of the Act cannot be scrutinsed at the stage of admission since Rule 11 of Order XLI of the Code of Civil Procedure (for short 'the Code') is not applicable to such an appeal. We have heard learned counsel for the appellant and other members of the Bar interested in the question.2. Sections 110 to 110F were substituted for former Section 110 by Central Act 100 of 1956. Section 110 deals with power of the State Government to constitute Motor Accidents Claims Tribunals for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out o...
Tag this Judgment!Court : Kerala
Decided on : Jan-16-1986
Reported in : AIR1986Ker215; [1987]61CompCas472(Ker)
Kochu Thommen, J. 1. The appellant, the Life Insurance Corporation of India (the 'L.I.C.') is the first defendant in a suit for recovery of money allegedly due under a contract of insurance. Gopalakrishnan Unnithan made as per Ext. B3 dated 30-12-1976 a proposal for insurance on his life. The proposal is made in the standard form issued for the purpose by the L.I.C. containing the necessary details of the contract. The proposal was accompanied by cheque dated 30-12-1976 for a sum of. Rs, 725.80 representing the first premium payable under the contract. Ext. A1 dated 30-12-1976 is the receipt issued by the Development Officer of the L.I.C. who is described as the authorised representative. Ext. Al reads : 'While acknowledging your remittance of Rs. 725.80 (Rupees seven hundred and twenty-five and paise eighty only) by cheque, 1 wish to inform you that the official receipt will be issued by Life Insurance Corporation of India, Kayamkulam Branch. Immediate reference to the above Branch s...
Tag this Judgment!Court : Kerala
Decided on : Jan-01-1986
Reported in : (1987)IILLJ150Ker
V. Sivaraman Nair, J.1. Petitioners in these Original Petitions were employees of the Bank of Cochin Ltd, (hereinafter referred to as the transferor bank), which, after a short-span of moratorium declared under Section 45 of the Banking Regulation Act, was amalgamated with the State Bank of India (hereinafter referred to as the transferee bank) under a statutory scheme approved by the Government of India under Section 45(7) of the above enactment. Petitioners challenge their inclusion in the schedule attached to the Scheme. The effect of such inclusion was that they were excluded from continuance in service under the State Bank of India unlike other employees.2. Petitioners were officers of the Bank of Cochin Ltd. Some of them had undergone special trainings and acquired other qualifications, which equipped them for higher responsibilities in the banking industry. During the course of their service in the Bank, indiscretions and irregularities were committed in the discharge of their o...
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