Judgment Search Results Home > Cases Phrase: war injuries compensation insurance act 1943 section 15 payment of compensation where employee has failed to insure Page 1 of about 181 results (0.135 seconds)

Oriental Insurance Co. Ltd. Vs. Mohan Kanwar and ors.

Court : Rajasthan

Reported in : 2007ACJ420

..... (3) whether the tribunal has erred in allowing compensation under the motor vehicles act, 1988 and the claim application was not maintainable in view of sections 53 and 61 of employees' state insurance act, 1948?12. ..... therefore, once the claimants get the benefit under the employees' state insurance act in relation to an accident, then no claim for compensation under section 110-a of the motor vehicles act could be maintained. ..... in the case of annapurna, 1984 acj 238 (karnataka), one veerabhadraiah had died as a result of injuries sustained by him when a bus belonging to karnataka state road transport corporation was driven carelessly by its driver inside the corporation depot where the deceased was present in the course of his employment. ..... act, a later enactment has wider coverage and is more comprehensive and provides for more compensation albeit with periodical payments and not in lump sum as available under the workmen's compensation act. ..... in oral evidence claimants examined mohan kan war (wife of the deceased) as aw 1, aman singh, aw 2 and anop singh, aw 3 (both alleged to be occupants of the bus at the time of accident); whereas the non-applicants examined sagarmal, naw 1, assistant administrative officer with the insurer and kalu ram, naw 2, driver of truck involved in the accident. ..... pan-war submitted that the correct principles applicable to the present case would be as available from the decision of this court in tribhuwan singh v. .....

Hust Vs. Moore-mccormack Lines, Inc.

Court : US Supreme Court

..... those now in question was 1: "(a) officers and members of crews (hereinafter referred to as 'seamen') employed on united states or foreign flag vessels as employees of the united states through the war shipping administration shall, with respect to (1) laws administered by the public health service and the social security act, as amended by subsection (b)(2) and (3) of this section; (2) death, injuries, illness, maintenance and cure, loss of effects, detention, or repatriation, or claims arising therefrom not covered by the foregoing clause (1), and (3) collection ..... these relate to payment of just compensation for vessels requisitioned, war risk insurance, limitation of liability for the war shipping administration, and other miscellaneous matters ..... court errs, we think, in suggesting any seaman has been deprived of any right by the clarification act of 1943 under the construction of the oregon supreme court. ..... the bill does not affect seamen employed on vessels time chartered to the war shipping administration where the vessels are supplied with crews employed by the company from which the vessel is ..... , failing to provide needed repairs or supplies, but not including any act attributable to negligence on the part of the master or other members of the crew. ..... the evidence of negligence presented here, it was not shown that respondent had failed to perform any duty in outfitting the ship or otherwise in relation to the delinquencies alleged to have constituted causes of the injuries. .....

Miller Vs. United States

Court : US Supreme Court

..... section 11(3) of the act of december 24, 1919, amending 302 of the war risk insurance act, bringing conclusively within the term "total permanent disability" the specific loss of a hand and an eye, is limited in its operation to compensation allowances, and has no application to war risk insurance ..... to entitle an insured under a policy of war risk insurance to benefits conditioned on total permanent disability, he has the burden of showing not only the character and extent of his injury, but also that, as the result of the injury, he was disabled permanently from following any substantially gainful occupation ..... 22, 1918, there was issued to him a war risk insurance policy by the terms of which he was entitled to receive $57.50 per month in the event of his sustaining injuries causing total and permanent disability. ..... it appeared that, while the insured was unable after the injury (loss of an arm and an eye) to follow the occupation in which he was engaged prior to entering the service (surveying), and while, because of the injury, he was thereafter unable to continue in employments requiring the use of both hands, yet he did undertake other gainful occupations, in which he failed not because of his physical condition but because of his general inaptitude for the work; also, that ..... was on petitioner not only to show the character and extent of his injury, but also to show that the result of the injury was to disable him permanently from following any substantially gainful occupation. .....

Bhagwandas and anr. Vs. National Insurance Co. Ltd. and anr.

Court : Madhya Pradesh

Reported in : 1990ACJ495

..... liability.xxx xxx xxx 95 (2) subject to the proviso to sub-section (1), a policy of insurance shall cover any liability incurred in respect of any one accident up to the following limits, namely--(a) where the vehicle is a goods vehicle, a limit of fifty thousand rupees in all, including the liabilities, if any, arising under the workmen's compensation act, 1923 (8 of 1923), in respect of the death of, or bodily injury to, employees (other than the driver), not exceeding six in number, being ..... liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion; or (c) that the policy is void on the ground that it was obtained by the non-disclosure of a material fact or by a representation of fact which was false in some material particular.xxx xxx xxx (3) where a certificate of insurance has been issued under sub-section (4) of section 95 to the person by whom a policy has been effected, so much of the policy as purports to restrict the insurance of the persons insured thereby by ..... that forum was invested with more powers to make an interim award to provide for immediate payment to the extent of specified amounts to the destituted claimants, for death or permanent ..... insurance company fails to establish all this and it is found that the insured is not at all at fault and has not done anything, he should not have done, or was amiss in any respect, the insurance company cannot succeed on the strength of the exclusion clause in the insurance .....

National Insurance Co. Ltd. Vs. Krishnan

Court : Chennai

..... construed as a third party and whether the company, which has issued a package policy, under section 6 of imt andwhich is liable to compensate the death or bodily injuries to any person, including the occupants carried in vehicle (provided such occupants not carried for hire or reward) and when the insured in the above case, has also made further payment under imt-28 of section 7, a learned single judge of this court, at paragraphs ..... future prospects may have to be taken into consideration not only having regard to the status of the employee, his educational qualification; his past performance but also other relevant factors, namely, the higher salaries and ..... by or traceable to or arising out of or in connection with war, invasion, the act of foreign enemies, hostilities or warlike operations (whether before or after declaration of war), civil war, mutiny rebellion, military or usurped power or by any direct or indirect consequences of any of the said occurrences and in the even of any claim hereunder the insured shall prove that the accidental loss damage and/or liability arose independently ..... the said provision specifically provides that an application for compensation arising out of an accident of the nature specified in sub-section (1) of section 165 may be made by the person who has sustained the injury; or by the owner of the property; or where death has resulted from the accident, by all or any of the legal representatives of the deceased; or by any agent duly ..... has failed .....

Lumbra Vs. United States

Court : US Supreme Court

..... ] march 9, 1918, in pursuance of the authorization contained in the war risk insurance act, [ footnote 4 ] the director of the bureau ruled (t.d. 20 w.r ..... the phrase "total permanent disability" in the war risk insurance act should be construed reasonably and with regard to the circumstances of ..... [ footnote 1 ] compensation for death or disability resulting from personal injuries suffered or disease contracted in the line of duty was provided by article 3, act of october 6, 1917 ..... his own statements to medical men, their diagnoses, his repeated applications to the government for compensation, and his failure earlier to assert any claim, show that for a decade he did not believe that he was totally and permanently disabled when he let his policy ..... later, increases for disability were found and more compensation was allowed until, in august, 1930, his disability was rated at 100 percent and he was given ..... petitioner said he had not been sick in the army and had sustained no injury except to his ankle and a slight gassing, but that he had been nervous practically from the time ..... ] it requires no discussion to show that the evidence in respect of petitioner's condition during the life of the policy has no substantial tendency to prove total permanent disability at the time of the lapse. ..... ankles was injured june 16, 1918, and two days later he was taken for treatment to a base hospital, where he remained about a month. ..... and sent petitioner to a government hospital where he remained a month. .....

National Insurance Co. Ltd. Vs. Smt. Santro Devi and ors.

Court : Punjab and Haryana

Reported in : I(1997)ACC211; 1997ACJ111; (1996)114PLR667

..... meant to carry, dangerous or hazardous goods, there shall also be a policy of insurance under the public liability insurance act, 1991 (6 of 1991).explanation:- a person driving a motor vehicle merely as a paid employee, while there is in force, in relation to the use of the vehicle no such policy as is required by this sub-section, shall not be deemed to act in contravention of the sub-section unless he knows or has reason to believe that there is no such policy in force. ..... it appears to be an intentional malafide crude attempt made by the insurance company as well as the insured along with the driver of the offending vehicle to deprive the claimants of their claim, if not totally, at least to delay the payment of compensation to the claimants as far as possible, by playing the game of chess with the ..... , where the vehicle is a transport vehicle, or(d) without side car being attached where the vehicle is a motor cycle, or(ii) a condition excluding driving by a named person or persons or by any person who is not duly licensed, or by any person who has been disqualified for holding or obtaining a driving licence during the period of disqualification; or(iii) a condition excluding liability for injury caused or contributed to by conditions of war civil war, ..... sake of commercial convenience on the assumption that a person has committed fraud with the state in fabricating a document of driving licence which the state has failed to check under its duty of care for enforcement of .....

Krishni and ors. Vs. Amar Nath and ors.

Court : Himachal Pradesh

Reported in : I(1997)ACC251

..... of section 96, involving, of necessity, of 'reading down' of the exclusion clause in the insurance policy to the extent that it is not at war with the 'main purpose' of the provisions enacted for the protection of victims of the accident, that is, to ensure them a quick payment of the compensation by the insurance company, because it was for this purpose and not for the purpose of promoting the business of the insurers engaged in the business of automobile insurance that the provisions of chapter viii of the act were ..... if the insurance company fails to establish all this and it is found that the insured is not at all at fault and has not done anything he should not have done, or was not amiss in any respect, then the insurance company cannot succeed on the strength of the exclusion clause in the insurance policy in respect of ..... the tribunal found the pleadings that madhavjibhai was the employee of the company and during the course of employment by driving the motor car he negligently caused the ..... acj 12 (hp), a division bench of this court held that in the case of a passenger being carried by the owner of the car, insurance company is not liable for payment of compensation in respect of injuries sustained by such passenger though he is entitled to recover compensation from the owner. ..... munaf majur hussain momin 1984 acj 653 (bombay), where it has been held that the owner though liable vicariously for the act of the driver, insurance company is not liable in the facts of that .....

United States Vs. Spaulding

Court : US Supreme Court

..... " and, on that day, he certified that he had the following disabilities entitling him to compensation under the war risk insurance act: infection of the left antrum, malocclusion of the teeth, stomach trouble, and heart murmur. ..... the fact that, notwithstanding his need of money for the support of his family and himself, he failed for nearly nine years to sue for the insurance money now claimed strongly suggests that he had not suffered total permanent disability covered by the policy. ..... (3) the fact that, notwithstanding his need of money for the support of his family and himself, he failed for nearly nine years to sue for the insurance money now claimed strongly suggests that he had not suffered total permanent disability covered by the policy. ..... the policy does not cover total temporary disability or partial permanent disability, and does not authorize or permit any payment for physical or mental impairment that is less than "total page 293 u. s. ..... if a man has mild nephritis in 1923 and actually works for seven years and quits work in 1930, and then, in 1932, still has a diagnosis of only mild nephritis, i would say that he had injured himself, for a man with that type of disease would injury his health by doing any kind of work. ..... two fellow employees testified that he was ill and at home three or four days a month. ..... 503 where he remained about six weeks. .....

New India Assurance Company Vs. Mannu Lal and ors.

Court : Allahabad

Reported in : [1984]56CompCas472(All)

..... the main thrust in the language of this section, therefore, is to make the insurance company liable in all events for payments of the amount of compensation awarded even in cases where only a cover note had been issued without being followed by issue of a regular policy in favour of the insured. ..... permit under which the vehicle is used, where the vehicle is (a transport vehicle); or (d) without side-car being attached, where the vehicle is a motor cycle ; or (ii) a condition excluding driving by a named person or persons or by any person who is not duly licensed or by any person who has been disqualified for holding or obtaining a driving licence during the period of disqualification ; or (iii) a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion ; or (e) that the policy ..... and in the case of a foreign judgment is, by virtue of the provisions of section 13 of the code of civil procedure, 1908, conclusive as to any matter adjudicated upon by it, the insurer (being an insurer registered under the insurance act, 1938 (48 1938), and whether or not he is registered under the corresponding law of the reciprocating country) shall be liable to the person entitled to the benefit of the decree in the manner and to the extent specified in sub-section (1), as if the judgment were given by a court in india : provided that .....