Judgment Search Results Home > Cases Phrase: war injuries compensation insurance act 1943 section 15 payment of compensation where employee has failed to insure Page 11 of about 181 results (0.233 seconds)

Pence Vs. United States

Court : US Supreme Court

..... , the government is entitled to a directed verdict on the ground of fraud where material representations relating to his health made by the insured in his application for the insurance, and relied upon by the government in issuing the policy, are clearly contradicted by statements made by him after issuance of the policy in support of claims for disability benefits; here, the later representations leave no doubt of ..... on september 7, 1928, he executed and submitted a sworn statement in support of his application for disability compensation that he suffered from the following disabilities: "sinusitis, frontal, ethmoiditis, chronic, atrophic rhinitis, chronic, with loss of sense of smell, myocarditis, chronic . ..... months after his application for reinstatement, and on august 27, 1928, pence applied to the government for disability compensation, claiming that he was disabled by chronic sinusitis, ethmoiditis, atrophic rhinitis, and by myocarditis. ..... whether pence was a malingerer or not, disavowing and then asserting injury and disease as a means of collecting different benefits from the government, is not for us to ..... effect of such a power to make the insured's statements admissible against the beneficiary has frequently been dealt with by the courts and commentators ..... footnote 1 ] this right was conferred by amendment to 19 of the world war veterans' act, 43 stat. ..... such a motion, our function is not to evaluate the evidence for the purpose of determining whether fraud has been committed. .....

Vermilya-brown Co., Inc. Vs. Connell

Court : US Supreme Court

..... act, of the fact that the act applies to far-off islands whose economy differs markedly from our own, and of the fact that congress has extended the coverage of other acts to such bases, the word "possession," used by congress to define the geographical coverage of this act, is construed as making the act applicable to employer-employee ..... any member of the united states forces posted to a leased area or any person (not being a national of a power at war with his majesty the king) employed by, or under a contract with, the government of the united states in connection with the ..... compensation act which covered death or disability from an injury ..... ," congress has power to regulate labor contracts where the incidents ..... the republic of panama being desirous to insure the construction of a ship canal across the isthmus of panama to connect the atlantic and pacific oceans, and the congress of the united states of america having passed an act approved june 28, 1902, in furtherance ..... act does not apply to bases in the "british west indies" and deputy administrator's letter dated september 24, 1943 ..... section 6 of the act requires every employer "as defined therein" to pay the prescribed rates to each employee who is "engaged in commerce or in the production of goods for commerce;" and 7 forbids overtime employment, except at prescribed rates, of any employee ..... payment of local income and property taxes is only waived as against those in the area when they are members of our armed forces, employees .....

Cosmopolitan Shipping Co. Vs. Mcallister

Court : US Supreme Court

..... war shipping administration, shall not be considered as officers or employees of the united states for the purposes of the united states employees compensation act, as amended; the civil service retirement act, as amended; the act of congress approved march 7, 1942 (public law 490, seventy-seventh congress); or the act entitled 'an act to provide benefits for the injury, disability, death, or detention of employees ..... 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 ..... employees in order to obviate strikes and work stoppages, to insure sovereign immunity for the vessels, and to preserve wartime secrecy by confining all litigation concerning operation of the vessels to the admiralty courts, where ..... war-time standard form of general agency agreement to manage certain phases of the business of a ship owned by the united states and operated by the war shipping administration is not liable under 33 of the merchant marine act of 1920, known as the jones act, to a member of the crew of the ship who suffered physical injury through the negligence of its master and officers, when the injury occurred after march 24, 1943, the date of enactment of the war shipping administration act, known as the clarification act .....

United India Insurance Co. Ltd., through It's Divisional Manager and A ...

Court : Mumbai

Reported in : 2008ACJ213; 2008(1)ALLMR78; 2007(5)BomCR520; (2007)109BOMLR1786; 2008(1)MhLj73

..... section 168 is enabling provision but it does not empower the tribunal to issue direction to the insurer to pay the amount of compensation, though a finding is reached that the insurer is not liable to pay such amount on account of fundamental breach of the terms of insurance ..... 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 ..... the constitution bench in umadevi (supra)....the fact that in certain cases, the court directed regularization of the employees involved in those cases cannot be made use of to found a claim based on legitimate expectation'.i need not ..... have issued the aforementioned directions having regard to the scope and purport of section 168 of motor vehicles act, 1988 in terms whereof it is not only entitled to determine the amount of claim as put forth by the claimant for recovery thereof from the insurer, owner or driver of the vehicle jointly or severally but also the dispute between the insurer on the one hand and the owner or driver of the vehicle involved ..... to the manner in which the owner of the vehicle shall make payment to the insurer. .....

New India Assurance Co. Ltd. Vs. Gajanan S/O Rambhau Mohite

Court : Mumbai

Reported in : (1997)99BOMLR73

..... the learned motor accident claims tribunal has not considered the documents prima facie to come to the conclusion as to whether the appellant-insurance company is liable to pay the interim compensation under the provisions of section 140 of the act. ..... 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 licnensed, 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(b) that the policy ..... smt vatschala uttam more : [1991]3scr26a while construing the provisions of section 92-a of the motor vehicles act, 1939, observed:it is thus evident that section 92a in the nature of a beneficial legislation enacted with a view to confer the benefit of expeditious payment of a limited amount by way of compensation to the victims of an accident arising out of the use of a motor vehicle on the basis of no fault liability. .....

New India Assurance Co. Ltd. Vs. Gajanan and ors.

Court : Mumbai

Reported in : 1(1998)ACC101

..... under section 140 of the act, where death or permanent disablement of any person has resulted from an accident arising out of the use of the motor vehicle or motor vehicles, the owner of the vehicle, shall, or as the case may be, owners of the vehicle, shall jointly and severally liable to pay, compensation in respect of such death or disablement in accordance with the provisions of this section.sub-section (3) of section 140 of the act provides that the claimant shall not be required to plead and establish, in any claim ..... 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 (b) 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.the provisions of section 168 of the act provides for an enquiry into the claim giving an opportunity of hearing to the parties including the insurer. ..... vatschala uttam more : [1991]3scr26a , while construing the provisions of section 92-a of the motor vehicles act, 1939, observed:it is thus evident that section 92a in the nature of a beneficial legislation enacted with a view to confer the benefit of expeditious payment of a limited amount by way of compensation to the victims of an accident arising out of the use of a motor vehicle on the basis of no fault liability. .....

National Insurance Co. Ltd. Vs. T. Sharanappa and anr.

Court : Karnataka

Reported in : 1999ACJ502; 1997(3)KarLJ240

..... in the claim petition; has failed to make out a case under section 96 (2) (b) (ii) and as such, there is the liability of insurance company to pay the compensation money to the claimant- ..... acj 496 (sc), in para 12, their lordships of the supreme court also observed:under section 96 (2) (b) (ii) the insurer can defend a claim for compensation on the ground that the vehicle was driven by a person who was not duly licensed ..... 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; or10. ..... established that unless it is established on material on record that it was the insured, who had wilfully violated conditions of the policy by allowing the driving of a motor cycle by a person not duly licensed, the insurer will have to be deemed as a judgment-debtor for the liability in view of provisions of section 96 (1) of the act of 1939, which is analogous to section 149, sub-section (1) of the act of 1988.17. ..... at the rate of 6 per cent per annum from the date of the petition till the date of payment along with the costs as determined. .....

Manager, United India Insurance Company, Hindupur Vs. Shekamma and Oth ...

Court : Andhra Pradesh

Reported in : 1995ACJ86; AIR1994AP338; 1994(2)ALT312

..... sub-section (2)(a) of section 95 provides:'(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, alimit of one lakh and fifty thousand rupees in all, including the liabilities, if any, arising under the workmen's compensation act, 1923, in respect of the death of, or bodily injury to employees (other than the driver) not exceeding six ..... than fourteen days after the happening of the accident, the insurer has commenced proceedings for cancellation of the certificate after compliance with the provisions of section 105; or (b) that there has been a breach of a specified condition of the policy, being one of the following conditions, namely:- (i) a condition excluding the use of the vehicle- (a) for hire or reward, where the vehicle is on the date of the contract of insurance, a vehicle not covered by a permit to ply for ..... 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; .....

R. Kamala Vs. United India Insurance Co. Ltd. Rep. by Its Divisional M ...

Court : Andhra Pradesh

Reported in : 1997(4)ALT783

..... (3) where any such judgment as is referred to in sub-section (1) is obtained from a court in a reciprocating country and in the case of a foreign judgment is, by virtue of the provisions of section 13 of the code of civil procedure, 1908 (5 of 1908) conclusive as to any matter adjudicated upon by it, the insurer (being an insurer registered under the insurance act, 1938 (4 of 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 ..... by the 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 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(b) that the policy ..... it is quite apparent that in case of payment of compensation on the principle of 'fault liability', the insurer is bound under the law and the contract of insurance to indemnify the liability of the insured after such liability is fixed in terms of the provisions of chapter xi of the motor vehicles act, 1988. .....

United India Fire and General Insurance Co. Ltd. Vs. Natvarlal and ors ...

Court : Madhya Pradesh

Reported in : [1990]68CompCas558(MP); 1988MPLJ676

..... has been constituted on a reference made by a learned single judge of this court to decide the following questions of law ;'(1) whether, in a claim case for compensation exceeding the minimum statutory limit, as prescribed under section 95 of the motor vehicles act, the claimant cannot be awarded a sum higher than the said minimum statutory limit against the insurance company unless he pleads and proves that the insurer provided in the contract of insurance ..... 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 ..... the entire amount of compensation, even though the claimant had neither pleaded nor proved that the contract of insurance entered into between the owner of the vehicle and the insurance company provided for payment of any sum ..... fails to inspect the policy of insurance and to allege that the insurance policy covers liabilityin excess of the statutory limit, the matter should not, in our opinion, be decided on technicalities of pleadings, in view of the peculiar circumstances in which an insurer is impleaded in an action for compensation .....