Court : Karnataka
Decided on : Mar-25-1986
Reported in : ILR1986KAR3418; 1986(2)KarLJ107; [1986]63STC252(Kar)
ORDERS.R. Rajasekhara Murthy, J.1. Petitioner is a company registered under the Companies Act, 1956 ('the Act'), and carries on business in general insurance. On the nationalisation of the petitioner-company, it is now a subsidiary of the General Insurance Corporation of India and is a Government company, as defined in section 617 of the Act. 2. The business of the petitioner-company is to insure motor vehicles, goods, machinery against damage, risk or theft, personal accidents, injuries and the like. 3. In the course of its business of general insurance of the motor vehicles and other goods, after the settlement of claims, the petitioner, sometimes, comes into possession of the insured goods, vehicles, etc., which are in a damaged condition and the claimants are compensated by the insurance company. Such vehicles and goods which come into possession of the petitioner-company are sold by it in the same condition at a salvage sale. 4. The petitioner had entered into a contract of insura...
Tag this Judgment!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 : Andhra Pradesh
Decided on : Dec-19-1986
Reported in : (1987)IILLJ83AP
Raghuvir, J.1. Chakali Sangaiah was a farm servant. He was a resident of Devi village in Kamareddy taluk of Medak District. He died on March 10, 1978 in a motor accident. The accident occurred while Sangaiah was driving a bullock-cart at 5 Kms. stone on Kamareddy-Yellareddy highway. The Andhra Pradesh State Road Transport Corporation vehicle APZ : 2727 dashed against the cart. The cart turned turtle and broke into pieces. One of the bulls dies. Sangaiah died at the spot. 2. The dependents of the deceased - mother, spouse and son - the three claimed Rs. 50,000/- before the Motor Accidents Tribunal. In the inquiry it was disclosed Sangaiah was 24 years of age at his death. He was paid Rs. 100/- salary for a month by his employer. On the above evidence the Tribunal held the deceased would have lived upto 65 years. The dependency of the three claimants on that basis was determined at Rs. 600/- per annum. Compensation of Rs. 24,000/- was awarded to them. Rs. 2,000/- was awarded to the spous...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-19-1986
Reported in : II(1987)ACC115
Raghuvir, J.1. Chakali Sangaiah was a farm servant. He was a resident of Devi village in Kamareddy taluk of Medak District. He died on March 10, 1978 in a Motor accident. The accident occurred white Sangaiah was driving a bullock-cart at 5 Kms. stone on Kamareddy-Yellareddy highway. The Andhra Pradesh State Road Transport Corporation vehicle APZ: 2727 dashed against the cart. The cart turned turtle and broke into pieces. One of the bulls died. Sangaiab died at the spot.2. The dependants of the deceased--mother, spouse and son--the three claimed Rs, 50,000/- before the Motor Accidents Tribunal. In the inquiry it was disclosed Sangaiah was 24 years of age at his death. He was paid Rs. 100/- salary for a month by his employer. On the above evidence the Tribunal held the deceased would have lived upto 65 years. The dependency of the three claimants on that basis was determined at Rs. 600/- per annum. Compensation of Rs. 24,000/- was awarded to them. Rs. 2,000/- was awarded to the spouse of...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-19-1986
Reported in : AIR1987AP127
Raghuvir, J.1. Chakali Sangaiah was a farm servant. He was a resident of Devi village in Kamareddy taluk of Medak District. He died on March 19, 1978 in a Motor accident. The accident occurred while Sangaiah was driving a bullock-cart at 5 Kms. stone on Kamareddy-Yellareddy highway. The Andhra Pradesh Road Transport Corporation vehicle APZ 2727 dashed against the cart. The cart turned turtle and broke into pieces. One of the bulls died. Sangaiah died at the spot.2. The dependants of the deceased-mother, spouse and son - the three claimed Rs. 50,000/- before the Motor Accidents Tribunal. In the inquiry it was disclosed Sangaiah was 24 years of age at his death. He was paid Rs. 100/- salary for a month by his employer. On the above evidence the Tribunal held that deceased would have lived up to 65 years. The dependency of the three claimants on that basis was determined at Rs. 600/- per annum. Compensation of Rs. 24,000/- was awarded to them. Rs. 2,000/- was awarded to the spouse of the ...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-19-1986
Reported in : I(1988)ACC134
D.V. Sehgal, J.1. This judgment will dispose of an appeal filed by the Insurance Company and the owner-appellants against the award dated 18-5-1982 of the Motor Accidents Claims Tribunal, Chandigarh, (for short 'the Tribunal') and cross-objections filed by Krishna Devi, Claimant-objector.2. Ishwar Chand, a sweeper, who was on a cycle, was hit by the offending vehicle, Metador-van, bearing registration No. HPS 916, which was being driven by Abdul Gani, respondent No. 2, at the tri-junction of Shimla-Chandigarh and Manimajra-Chandigarh roads, near Mani Majra, on 1-12-1980, at 4-30 p.m. As a result of the injuries sustained in the accident, Ishwar Chand died on 21-1-1981. A claim application Under Section 110-A of the Motor Vehicles Act (for short 'the Act') was filed by the Objector before the Tribunal claiming rupees one lac as compensation for the loss suffered by her on account of the death of Ishwar Chand, her husband. The accident was admitted by the appellants as also by respondent...
Tag this Judgment!Court : Mumbai
Decided on : Dec-04-1986
Reported in : II(1987)ACC425
V.A. Mohta, J.1. Dissatisfied with the grant of claim of only Rs. 29000/- with interest at 6 per cent per annum granted to the legal heirs of the deceased Jethmal Panpalia in a Claim Petition No. 5 of 1981 decided on 10th September 1981 under Section 110-A of the Motor Vehicles Act by the Motor Accidents Claims Tribunal, Amravati, the present appeal has been filed.2. The Motor Accidents Claims Tribunal, Amravati, held Maharashtra State Road Transport Corporation and the driver Narendra Bharati, employed by it, responsible for the death of deceased Jethmal Panpalia on account of rash and negligent driving of a bus, rejecting several defences inter alia that of contributory negligence. A claim of Rs. 1,00,000/- was made. The respondents have not challenged the order passed by the Tribunal either by filing an appeal or cross-objection. The only point thus that falls for determination is whether the appellants are; entitled to enhancement of compensation and if yes, to what extent ?3. The ...
Tag this Judgment!Court : Mumbai
Decided on : Dec-03-1986
Reported in : [1990]68CompCas720(Bom)
..... court in corporation of calcutta v. calcutta tramways co. ltd. : 1964crilj354 and life insurance corporation of india v. escorts ltd. : 1986(8)ecc189 . in the light of the authoritative pronouncements of the supreme court referred to above, we have to consider the provisions of sub-sections (1),(2) and (3) of section 45 of the said act and ..... during march 30, 1984, to september 27, 1985.he critical financial condition is highlighted by the following tabularised statement incorporated in an application :----------------------------------------------------------------------rupees in lakhsas on---------------------------------------------the date of the date of the date ofprevious last lastinspection inspection scrutiny(24-9-1982) (30-3- ..... share have been called and paid). hcb has not declared any dividend since the year 1946. since about the year 1956, it has been working under the directions of the reserve bank of india. it is the case of the reserve bank that in view of the highly ..... act and speak for him qua his rights and the notice to the banking company would be deemed to be a notice to its shareholders . mr. cooper tried to distinguish this authority by saying that the provisions are different and moreover, section 13(9)(b) provides an opportunity to the members to be heard if they so desire. it is not necessary to go into these aspects since we have already held that as regards the order of moratorium even a shareholder has to be given a post-decisional opportunity if demanded.43 .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-01-1986
Reported in : 1987(11)ECC175; 1987(27)ELT19(Bom)
1. By this petition filed under Article 226 of the Constitution of India, the petitioners are challenging the legality of the demand notice dated June 14, 1983, copy of which is annexed as Ex. 'K' to the petition, issued by the Assistant Collector of Customs, Bond Department, calling upon the petitioners to pay duty under Section 72(1) of the Customs Act, 1962 (hereinafter referred to as the 'Act') and the interest thereon at the rate of 6% per annum upto May 12, 1983 and 12% with effect from May 13, 1983. The facts giving rise to the issuance of the demand notice are required to be started to appreciate the grievance of the petitioners.2. The petitioners are a Company registered under the Companies Act, 1956 and manufacture several varieties of textile goods. In the process of manufacture, the petitioners utilise Polyster Filament Yarn as a raw material. Polyster Filament Yarn when partially drawn is a variety known in the trade as 'Partially Oriented Yarn', i.e. 'POY'. POY is a delic...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta
Decided on : Nov-26-1986
Reported in : (1987)(13)LC717Tri(Kol.)kata
1. These appeals relate to common issues. These were, therefore, taken up for hearing together and are being disposed of by this common order.2. Appeal No.C-152/84-Cal., vide Sr.in was filed by the Collector of Customs, Calcutta as per order of the Central Board of Excise & Customs, New Delhi in Order in 1/R-Cus/Gr. dated 23.7.1984 under Section 129-D(1) of the Customs Act, 1962, against the order dated 17.11.1983 passed by the said Collector. The other appeals, vide Serial Nos.2 to 10, were filed by the importers concerned against the respective order-in- original passed by the Collector of Customs, Calcutta. (a) M/s Mansingka Brothers, respondent in , entered into a contract No. Oil/002/D/83 dated 15.3.1983 with M/s Kuok (Singapore) Pvt. Ltd., Singapore for importing 1500 M/Tons of Stearin Fatty Acid. The goods were to be shipped in part consignments. The first consignment of 200.17 M/Tons of the goods arrived at Calcutta Port on 13.9.1983 per "SS Johneverett". The respondent fi...
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