Court : Supreme Court of India
Reported in : II(2002)ACC460; 2002ACJ1441; AIR2002SC2607; 2002(4)ALD118(SC); 2002(4)ALLMR(SC)886; 2002(4)AWC2410(SC); 98(2002)DLT410(SC); (2002)4GLR2900; JT2002(5)SC74; (2002)3PLR281; RL
..... -(1) notwithstanding anything contained in this act or in any other law for the item being in force or instrument having the force of law, the owner of the motor vehicle of the authorised insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of motor vehicle, compensation, as indicated in the second schedule, to the legal heirs or the victim, ..... the accident occurred or to the claims tribunal within the local limits of whose jurisdiction the claimant resides or carries on business or within the local limits of whose jurisdiction the defendant resides, and shall be in such form and contain such particulars as may be prescribed;provided that where no claim for compensation under section 140 is made in such application, the application shall contain a separate statement to that effect immediately ..... it is further observed: 'it need not be pointed out that interest is to be paid over the amount which has become payable on the date of award and not which is to be paid for expenditures to be incurred in future' but it is not indicated by the learned counsel for the appellant insurance company as to which is that amount out of the amount awarded which is on account of future expenditure yet to ..... comes from different sources for constituting the fund out of which, payment on account of social security system is made one of the constituent of fund is tax which is deducted from income for the purpose. ..... principal with interest .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC43; [1999]98CompCas695(SC); 1999(3)CTC558; JT1999(7)SC486; RLW2000(1)SC9; 1999(6)SCALE236; (1999)8SCC229; [1999]Supp3SCR219; 1999(2)LC1536(SC)
..... of the additional charges for the monthly payment that has been waived under the salary savings scheme at 5% of the premium exclusive of any premium charged for double accident benefits or extended permanent disability benefits and any other extra premiums charge.during the period in which premium is remitted to the corporation through the employer, the instalment, premium will be deemed to fall due on the 20th day on each month instead of the ..... employer,the salary savings scheme of life insurance corporation has proved of considerable value to many organisations and which we believe will be of keen interest to you and your employees.the general need on the part of the average employee for more adequate protection of his dependents is recognised as well as the desirability of his adequate provision for his own retirement.the scheme is very ..... shah's case this court was concerned with an insurance agent appointed under section 42 of the insurance act and his appointment under the regulations for the purpose of soliciting or procuring life insurance business for the lic and the regulations and his conditions of service did not authorise him to collect premium on behalf of lic.11. ..... agent in section 182 means a person employed to do any act for another, or to represent other in dealings with third person and the person for whom such act is done, or who is so represented, is called the principal. ..... now it could be said that desu would not be liable as an agent of its principal, i.e. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IXAD(SC)264; AIR1997SC2441; [1997(75)FLR524]; (1997)IILLJ739SC; 1996(8)SCALE652; (1997)1SCC625; [1996]Supp8SCR609
..... or(f) [xxxx](g) any other matter which is in dispute between a principal employer and the corporation, or between a principal employer and an immediate employer, or between a person and the corporation or between an employee and a principal or immediate employer, in respect of any contribution or benefit or other dues payable or recoverable under this act, or any other matter required to be or which may be decided by the employees insurance court under this act.such question or dispute subject to the provisions ..... records are submitted, furnished or maintained in accordance with the provisions of section 44 or any inspector or other official of the corporation referred to-in sub-section (2) of section 45 in [prevented in any manner] by the principal or immediate employer or any other person, in exercising his functions or discharging his duties under section 45, the corporation may, on the basis of information available to it, by order determine the amount to contributions payable in respect of ..... an employee, shall comprise contribution payable by the employer and contribution payable by the employee shall be paid to the corporation; the manner and details of payment and interest for the delay in payment and the rate of interest and the procedure for recovery are not material for the purpose ..... and file an appeal, it should first deposit the entire amount with interest payable in that behalf and thereafter approach the high court, if so advised challenging the order of the insurance .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC1331; [1975(30)FLR283]; 1975LabIC881; (1975)ILLJ399SC; (1975)1SCC421; [1975]3SCR619
..... employees' state insurance act, 1948 the central government has the power to make rules in respect of certain matters and the state governments in respect of certain other matters, but the corporation has the power to make regulations regarding the method of recruitment, pay and allowances, discipline, superannuation benefits and other conditions of service of officers and servants of the corporation other than the principal officers. ..... the methods by which these corporations produce and the distribution made in the course of their production by way of wages, dividends and interest, as also the profit withheld and used for further capital progress and the manner in which and the conditions under which they employ their workmen and staff are vital bath to the jives of many people and to the continued supply line of the ..... great many anomalies in common law remain, in particular as regards the immunities and privileges of the crown in such matters, immunity from the binding force of statute, debt priority, freedom from taxes and other public charges. ..... it edged away from reliance on a sharp distinction between the 'governmental' and the 'trading' activities of a state, by denying immunity from federal taxation to a state when it 'is undertaking a business enterprise of a sort that is normally within the reach of the federal taxing power and is distinct from the usual governmental functions that are immune from federal taxation in order to safe-guard the necessary independence of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1998)1CALLT31(SC); 1997(3)CTC354; JT1997(9)SC54; (1998)ILLJ274SC; (1998)IIMLJ33(SC); 1998(1)MPLJ12; 1997(6)SCALE652; (1998)1SCC86; [1997]Supp5SCR57
..... it is clear from the scheme of the act that there is no apparent conflict of interest between the principal employer and the employee and there is no reason why if a person falls within the definition of 'principal employer' he cannot in certain cases be also an 'employee'. ..... the insurance court by its judgment dated 05th september, 1975 allowed the application of the respondent-company and held that the company is not covered by section 2 sub-section (12) of the act as it had only 19 employees and shri dhanwati cannot be treated to be an employee within the meaning of section 2 sub-section (9) of the act and hence the company cannot be said to have employed 20 employees so as to be covered as a factory under section 2 sub-section (12) of the act ..... the division bench in the impugned judgment with respect was in error in bypassing the ratio of the aforesaid decision of this court by observing that it was a judgment rendered under the income tax act and, therefore, it had no bearing on the scheme of the present act. ..... of course the decision was rendered in the light of income-tax act wherein the question was whether agricultural income would include the dividend paid to a shareholder of a company.11 ..... commissioner of income-tax, bombay, : [1955]27itr1(sc) ..... in that case this court was concerned with the question whether the managing director of a company can be said to be a servant of the company whose remuneration could be treated to be salary assessable to income tax. ..... of income-tax. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IVAD(SC)439; (1996)IILLJ435SC; 1996(3)SCALE806; (1996)9SCC644; [1996]Supp1SCR410; 1996(2)SLJ58(SC)
..... the whole object of the statue is to make the principal employer primarily liable for the insurance of any kind of employees on the premises, whether they are there in the work or are merely in connection with the work of the ..... is true as found by the insurance court that instead of appellants directly paying the charges from their pocket, they collect it as a part of the consideration for transportation of the goods from the customers and pay the amount to the homilies ..... it is seen that the insurance court after elaborate consideration, found as a fact, that the appellants have the control over loading and unloading of the goods entrusted to ..... the primary test in the substantive clause being thus wide, the employees of the canteen and the cycle stand may be correctly described as employed in connection with the work of the ..... state act has received the assent of the president on december 27, 1976 in relation to its application to the state of andhra pradesh, the act stands repealed and, therefore, the appellants are not liable to make the contribution under the act. ..... employees state insurance corporation : (1978)iillj390sc , was called upon to consider whether workmen engaged in the cycle stand and canteen of a cinema theater were employees of the theater within the meaning of section 2(9) of ..... 1948) (for short, the 'act') to the appellant's establishment and called upon them to pay their contribution for the periods mentioned in the notice served on them with interest at 1% thereon. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008ACJ2616; AIR2008SC3205; 2008(4)AWC3206(SC); IV(2008)CPJ25(SC); 2009(1)MhLj38; (2008)6MLJ1046(SC); (2009)153PLR145; RLW2009(1)SC361; 2008(11)SCALE36; 2008AIRSCW5416; 2008(9)SCC100; 2008ACJ2616; 2008(11)SCALE36; ILR2008(4)Kar4664; 2008AIRSCW5416; 2008(9)SCC100; 2008ACJ2616; 2008(11)SCALE36; ILR2008(4)Kar4664
..... only in some exceptional cases and that too when the liability to pay the amount of compensation is fastened upon the insurance company and insured, it can be heard on issues relating to the quantum of compensation and not otherwise.17. ..... it was urged that the reasonings of the high court are not legally sustainable as the owner and driver as also the insurer had not preferred any appeal against the award dated 8.2.2001 passed by the learned motor vehicles accident claims tribunal.12. mr. m.k. ..... order xli rule 33 enables the appellate court to pass any decree that ought to have been passed by the trial court or grant any further decree as the case may require and the power could be exercised notwithstanding that the appeal was only against a part of the decree and could even be exercised in favour of the respondents, though the respondents might not have filed any appeal or objection against what has been decreed. ..... it has not been disputed before us that in certain situations while opining that the insurance company would not be liable to reimburse the insured, a direction upon the insurance company to pay the amount of compensation to a third party and recover the same from the owner of the vehicle is permissible. ..... the owner of the vehicle as also the driver thereof were, thus, principally liable to pay compensation to the dependents of the deceased.14. ..... 6,96,000/- with interest @ 12% per annum from the date of petitioner till date of deposit. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : II(2006)ACC539; 2006ACJ1699; AIR2006SC1926; [2006]131CompCas250(SC); 2006(3)CTC166; [2006(109)FLR1074]; (2006)3GLR2246; [2006(3)JCR110(SC)]; JT2006(5)SC228; 2006(2)KLT667(S
..... the compensation act' as employed by the proviso to sub-section (1) of section 147 of the motor vehicles act and as found in proviso to clause (i) of sub-section (1) of section ii of the insurance policy, would cover only the principal amount of compensation as computed by the workmen's commissioner under the compensation act and made payable by the insured employer or whether it could also include interest and penalty as imposed on the insured employer under contingencies contemplated by section 4a(3)(a) and (b) of the compensation act.13. ..... of the contract of insurance entered into by and between the employer and the insurer under the provisions of the motor vehicles act, 1988, which would also apply in a given case to the claim under the provisions of the workmen's compensation act, the insurer would also be liable for payment of interest stating:.a conjoint reading of these provisions in the insurance policy shows that the insurance company insured the employer-owners of the insured motor vehicles against all ..... is not deposited within a period of one month, the insurance company shall be liable to reimburse the owner only the amount of compensation with interest therefrom but not the penalty imposed on insurer - employer for default of payment of amount stating:the only contention put forth before us is that the entire liability including penalty and interest will have to be reimbursed by the insurance company and this aspect has not been examined by the learned single judge .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [2007(112)FLR636]; [2007(2)JCR132(SC)]; JT2006(10)SC549; 2007(1)KLT133(SC); (2007)IILLJ3SC; (2007)147PLR191; 2006(12)SCALE171; (2007)1SCC584
..... within a period of twelve months after the claim became due or within such further period as the employees' insurance court may allow on grounds which appear to it to be reasonable;(b) the cause of action in respect of a claim by the corporation for recovering contributions (including interest and damages) from the principal employer shall be deemed to have arisen on the date on which such claim is made by the corporation ..... dependants' benefit, or(g) any other matter which is in dispute between a principal employer and the corporation, or between a principal employer and an immediate employer or between a person and the corporation or between an employee and a principal or immediate employer, in respect of any contribution or benefit or other dues payable or recoverable under this act, or any other matter required to be or which may be decided by the employees' insurance court under this act], such question or dispute '[subject to the provisions ..... particulars, registers or records are submitted furnished or maintained in accordance with the provisions of section 44 or any inspector or other official of the corporation referred to in sub-section(2) of section 45 is prevented in any manner by the principal or immediate employer or any other person, in exercising his functions or discharging his duties under section 45, the corporation may, on the basis of information available to it, by order, determine the amount of contributions payable in respect of the ..... known in taxing statutes. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2010(2)SC271,2010(2)SCALE427,2010(2)LC1004(SC)
..... 'right of subrogation' is statutorily recognized and described in section 79 of the marine insurance act, 1963 as follows:(1) where the insurer pays for a total loss, either of the whole, or in the case of goods of any apportionable part, of the subject-matter insured, the thereupon becomes entitled to take over the interest of the assured in whatever may remain of the subject-matter so paid for, and he is thereby subrogated to all the rights and remedies of the assured in and in respect of that subject-matter as from the time ..... subrogation entitles the surety to use any remedy against the principal which the creditor could have used, and in general to enjoy the benefit of any advantage that the creditor had, such as a mortgage, lien, power to confess judgment, to follow trust funds, to proceed against a third person who has promised either the principal or the creditor to pay the debt. ..... rights of surety on payment or performance : where a guaranteed debt has become due, or default of the principal - debtor to perform a guaranteed duty has been taken place, the surety, upon payment or performance of all that is liable for, is invested with all the rights which the creditor had against the principal - debtor. .....
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