Judgment Search Results Home > Cases Phrase: war injuries compensation insurance act 1943 section 4 limitation on right to receive compensation otherwise than under this actand ordinance 7 of 1941 Page 2 of about 16 results (0.136 seconds)

American Ins. Assn. Vs. Garamendi

Court : US Supreme Court

..... randolph m. bell that it is the "policy of the u. s. government" "to resolve matters of holocaust-era restitution and compensation through dialogue, negotiation, and cooperation"); hearings on the status of insurance restitution for holocaust victims and the heirs before the house committee on government reform, 107th cong., 1st sess., 77 (2001) ( ..... companies and their governments, to the point that the government of the united states took action to try to resolve "the last great compensation related negotiation arising out of world war ii." ser 940 (press briefing by deputy secretary of treasury eizenstat); see s. eizenstat, imperfect justice 208-212 (2003). from the ..... the exclusive forum and remedy for the resolution of all asserted claims against german companies arising from their involvement in the national socialist era and world war ii." 39 int'l legal materials, at 1303. though unwilling to guarantee that its foreign policy interests would "in themselves provide an independent legal .....

New India Assurance Company Vs. Mannu Lal and ors.

Court : Allahabad

Reported in : [1984]56CompCas472(All)

..... 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 is void on the ground that it was obtained by the non-disclosure of ..... section lays down the necessary conditions which must be incorporated in every policy of insurance and sub-clause (b) of sub-section (1) of section 95 of the act lays down that insurance shall be provided 'against the death of or bodily injury to any passenger of a public service vehicle caused by or arising out of ..... war, riot or civil commotion and, lastly, where policy was void on the ground that it had been obtained by non-disclosure of material fact or by misrepresentation. except in any of these limited class of cases, the liability of the insurer towards the third party is absolute and the insurance company cannot avoid payment of the compensation .....

SilberscheIn Vs. United States

Court : US Supreme Court

..... error to a judgment of the district court dismissing an action brought against the united states under subdivision 20 of jud.code 24 on a claim for compensation under the war risk insurance act upon the ground that the determination of the matter by the director of the veterans' bureau was final and not reviewable by the courts. mr. ..... error brings here for determination the question whether the united states may be sued under subdivision 20, 24, of the judicial code upon a claim for compensation arising under 300 of the war risk insurance act, as amended by 10, c. 104, 40 stat. 609, 611, and subsequent acts, and, if so, under what circumstances such suit may ..... be maintained. that section, so far as necessary to be stated, provides that compensation shall be paid to any enlisted man for a disability resulting from personal injury suffered or .....

Ridgway Vs. Ridgway

Court : US Supreme Court

..... exemptions, 54 a.l.r.2d 1422 (1957); annot., construction and application of provisions of federal statutes in relation to exemption from claims of creditors of amounts paid as pensions, war risk insurance, compensation, bonus, or other relief for veterans, 109 a.l.r. 433 (1937). [ footnote 3/10 ] the exemption statute provided "no money or other benefit paid, provided, allowed, or agreed ..... paid by any company on account of the disability from injury or sickness of any insured person shall be liable to execution, attachment, garnishment, or other process, or to be seized, taken, appropriated or applied by any legal or equitable process or operation of law, to pay any debt or liability of such insured person whether such debt or liability was incurred before .....

Director, Owcp Vs. Perini North River Assocs.

Court : US Supreme Court

..... determinations, and a worker was often required to make a perilous jurisdictional "guess" as to which of two mutually exclusive compensation schemes was applicable to cover his injury. employers faced uncertainty as to whether their contributions to a state insurance fund would be sufficient to protect them from liability. in davis v. department of labor, 317 u. s. ..... limit on the exercise of state power over maritime employment. the reasoning of the jensen case originally appeared to foreclose the application of state workmen's compensation schemes to any injury occurring on navigable waters. the court soon made it clear, however, that there was a somewhat vaguely defined area -- an area that became known as ..... june 19, 1952, pub.l. 397, 2, 66 stat. 139 (codified, as amended, at 5 u.s.c. 8171-8173); (c) employees of government contractors injured overseas by war-risk hazards, act of dec. 2, 1942, ch. 668, title i, 102, 56 stat. 1031 (codified, as amended, at 42 u.s.c. 1702); (d) workers in .....

Darshani Devi and ors. Vs. Sheo Ram and ors.

Court : Rajasthan

Reported in : [1989]65CompCas353(Raj); 1987(1)WLN332

..... 4 but subject otherwise to the terms, exceptions, conditions and limitations of this policy, the company will indemnify the insured against liability at law for compensation (including law costs of any claimant) for death of, or bodily injury to, any person other than a person excluded under general exception no. 3 being carried in or upon or ..... claim any amount from new india assurance company for the death of munish kumar, because it is only when munish kumar is required to pay compensation, that the question of indemnifying by the insurance company can arise.39. however, so far as other passengers are concerned, namely, sulochana, anjana, nawal kishore and gopi ram, they would ..... 63 comp cas 721 (raj) mentioned therein would only mean that the division bench had its own doubt about the correctness of the proposition laid down in chand kan-war's case [1986] acj 269; [1988] 63 comp cas 721 (raj).33. in this connection, the following paragraph which occurs at page 122 may be referred:' .....

Oriental Insurance Co. Ltd. Vs. Vilas Devi and ors.

Court : Rajasthan

Reported in : 2001ACJ950; 2001(2)WLC335; 2001(2)WLN286

..... the aforesaid interpretation of these two statutory schemes, therefore, the conclusion becomes inevitable that when an employee suffers from a motor accident injury while on duty on the motor vehicle belonging to the insured employer, the claim for compensation payable under compensation act along with interest thereon if any, as imposed by the commissioner, under sections 3 and 4-a(3)(a) of the ..... his own use. but liability to penalty for delay in payment of compensation is founded on absence of reasonable cause to fall in the category of liability arising out of failure to discharge statutory obligation by the insured.17. learned counsel for the respondents have placed reliance on roop kan-war's case 1991 acj 74 (rajasthan), and laid emphasis on the distinction .....

United India Insurance Company Limited Vs. Sudini Indira and ors.

Court : Andhra Pradesh

Reported in : 2004ACJ2031; 2003(3)ALD753

..... , but also arising out of employment, thus satisfying both the ingredients and hence the commissioner for workmen's compensation is well justified in awarding compensation against both the opposite parties, including the insurance company, the appellant herein. the learned counsel also had placed reliance on several decisions in this regard.6. ..... or extended the peril, or that the peril was not a general peril but a peril personal to the employee'.in sumitra devi v. executive engineer, war asthan irrigatioin division, jahanabad, gaya, : (1997)iiillj1058pat , where a khalasi employed on casual basis by the irrigation department was on duty to guard ..... injury on the spot. the deceased-truck driver is a workman and he met his death during the course of employment with opposite party no. 1. he was paid rs. 3,000/- towards wages besides batha of rs. 50/- per day. it is further stated that the opposite party no. 2, the present appellant - insurance company, also is liable for payment of compensation .....

N. Suryanarayana Vs. Booreddi China Venkataramana, Camp Clerk, Office ...

Court : Andhra Pradesh

Reported in : I(1999)ACC56; 1998(6)ALD627; 1998(6)ALT473

..... have touched a newheight in india as well as in other parts of the world. traditionally, before court directed payment of tort compensation, the claimant had to establish the fault of the person causing injury or damage. but of late, it shall appear from different judicial pronouncements that the fault is being read as because of someone' ..... the promise.'again the supreme court in kanshiram yadav v. oriental fire and general insurance co., : [1989]3scr811 , reiterated the view expressed in skandia's case (supra) and observed while referring to the said case:'.....there the facts found were quite ..... so that it happens to be driven by an unlicensed driver. (3) the exclusion clause has to be 'read down' in order that it is not at war with the 'main purpose' of the provisions enactedfor the protection of victims of accidents so that the promisor is exculpated when he does everything in his power to keep .....

P. Asokan Vs. Western India Plywoods Ltd., Cannanore

Court : Kerala

Reported in : AIR1987Ker103; (1987)IILLJ183Ker

..... the court below it was clarified on his behalf that what he was claiming was not any benefit under the employees' state insurance act or any other enactments but only damages or compensation for the injuries sustained by him due to the negligence of the employer.5. he stated that he had not the means to pay the ..... to the background of the industrialisation of the country and the emergence of the labour laws.16. india also had its industrial activisation, particularly after the first world war and along with it, emerged some labour enactments. the winds of change, the liberal ideas, the inspiration of revolutions elsewhere, all had given momentum to the emerging ..... the more advantageous benefits under the motor vehicles act, 1939. that would, doubtless, operate to the disadvantage of the employee. he loses the benefit of a higher compensation only for the reason that he is an employee. it is difficult- to assume that parliament intended such an oppression to operate on the employees, when it .....