Judgment Search Results Home > Cases Phrase: war injuries compensation insurance act 1943 section 6 workmen to whom the act applies Page 1 of about 59 results (0.227 seconds)

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

Court : Rajasthan

Reported in : 2007ACJ420

..... in the context of his making claim under the workmen's compensation act, the hon'ble himachal pradesh high court observed that the bar of section 53 of the act operates absolute and that the substitution of section 53 of the amendment act of 1966 appeared to be deliberate, admitting of no room for any controversy as to the manner or extent of the bar in respect of the claims made by such persons from the employer of the insured person under the workmen's compensation act, 1923.26. ..... 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 ..... it is also to be noticed that in ganpat pratap bhogle's case (supra) the employee suffered injury on account of tortious deed of a person driving the motor vehicle for the employer of victim and by the very nature of such claim, the said decision cannot be applied to the facts of present case.29. ..... 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

..... insurance, the united states shall also reimburse the general agent for all crew expenditures, accruing during the term hereof, in connection with the vessels hereunder, including, without limitation, all disbursements for or on account of wages, extra compensation, overtime, bonuses, penalties, subsistence, repatriation, travel expense, loss of personal effects, maintenance, cure, vacation allowances, damages or compensation for death or personal injury or illness, and insurance premiums, required to be paid by law, custom, or by the terms of the ship's articles or labor agreements, or by action of the maritime war ..... the jones act applies by its specific terms only in the presence of the relation of employer to employee, to give the latter a remedy for the employer's negligence, and, since the effect of the general service agreement was to make the seaman technically an employee of the united states, the necessary result was to remit him exclusively to the suits in admiralty act for remedy to enforce the substantive right given by the jones act ..... 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 .....

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 ..... succinctly stated, petitioner contends (1) that 302, as amended, applies to war risk insurance as well as to compensation allowances; (2) that regulation 3140 is within the power of the administrator of veterans' affairs (who succeeded the director of the bureau), and controls the present case, and (3) that, the foregoing aside, the evidence was sufficient to justify a verdict in his ..... 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 the policy was permitted to lapse upon .....

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

Court : Madhya Pradesh

Reported in : 1990ACJ495

..... the vehicle at the time of the occurrence of the event out of which a claim arises, or(iii) to cover any contractual 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 ..... a condition excluding 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 reference to any ..... shall cause or allow the vehicle to remain stationary in any public place, unless there is in the driver's seat a person duly licensed to drive the vehicle or unless the mechanism has been stopped and a brake or brakes applied or such other measure taken as to ensure that the vehicle cannot accidentally be put in motion in the absence of the driver. 34. .....

National Insurance Co. Ltd. Vs. Krishnan

Court : Chennai

..... agreed that the insurer undertakes to pay compensation on the scale provided below for bodily injuries hereinafter defined sustained by any passenger other than the insured and/or the paid driver attendant or cleaner and/or a person in the employ of the insured coming within the scope of the workmen's compensation act, 1923 and subsequent amendments of the said act and engaged in and upon the service of the insured at the time such injury is sustained whilst mounting into, dismounting from or traveling in but not driving the insured motor ..... the compensation awarded by the national consumer disputes redressal commission from rs.15 lakhs to rs.1 crore, the hon'ble bench made the following observations which can appropriately be applied for deciding the petitions filed under section 166 of the act: we must emphasise that the court has to strike a balance between the inflated and unreasonable demands of a victim and the equally untenable claim of the ..... or remotely occasioned by or contributed 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 of and was in no way connected with or occasioned by .....

Lumbra Vs. United States

Court : US Supreme Court

..... [ footnote 3 ] 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. ..... 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 lapse may 31, 1919. ..... [ 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, 40 stat. ..... it cannot be said that injury or disease sufficient merely to prevent one from again doing some work of the kind he had been accustomed to perform constitutes the disability meant by the act, for such impairment may not lessen or affect his ability to follow other useful, and perchance more lucrative, occupations. ..... it cannot be said that injury or disease sufficient merely to prevent one from again doing some work of the kind he had been accustomed to perform constitutes the disability meant by the act, for such impairment may not lessen or affect his ability to follow other useful, and perchance more lucrative, occupations. p. .....

Krishni and ors. Vs. Amar Nath and ors.

Court : Himachal Pradesh

Reported in : I(1997)ACC251

..... (39) it is only the aforementioned interpretation which is at peace with the conscience 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 enacted. ..... the accident in question was a result of rash and negligent driving on the part of the driver of the tractor?opp(3) whether the owner of the tractor had directed the driver of the tractor not to cany passengers or private persons in the tractor in question?opr-1(onus objected to)(4) whether the deceased inder dev boarded the tractor forcibly while dissuading by the driver of the tractor as alleged and to what effect?opr-2(5) whether the insurance company is liable to pay compensation to the petitioner and if so, to what amount, if any, the petitioners are entitled and from whom?opp .....

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. ..... a time prior to the lapse, the insured, as the result of chronic and incurable disorders, was partially disabled, and at times and during periods of substantial duration, totally disabled, but that, in the year next following the lapse, he was officially examined and found fit for service as an air pilot, and that, during the larger part of more than eight years between the lapse and the commencement of his suit, he was able to work, and actually did so, and earned substantial compensation. ..... he testified that the antrum infection was incurable, and that, during the period of treatment, respondent had nephritis caused by the infection; that it did not improve; that respondent had impaired his health by working, and that, "in my opinion at the time i first examined him and since that time, he has not been capable of continuously carrying on a substantially gainful occupation without injury to his health. ..... quina, to whom he went daily during the first year and three or four times weekly during the next two. .....

New India Assurance Company Vs. Mannu Lal and ors.

Court : Allahabad

Reported in : [1984]56CompCas472(All)

..... 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 no sum shall be payable by the insurer in respect of any such judgment unless, before or after the commencement of the proceedings in which the judgment is given, the insurer had notice through the court concerned of the bringing of the proceedings and the insurer to whom notice is so ..... order to make the insurance company liable for the compensation awarded, the only pre-requisite is that a certificate of insurance ought to have been issued by the insurance company to the insured in respect of the vehicle in question ..... ); 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 is void on the ground that it was obtained by the non-disclosure of a material fact or by a representation .....

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. ..... this writ of 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. ..... the war risk insurance act, as amended, commits to the director of the veterans' bureau the duty and authority of administering its provisions and of deciding all questions arising under it. p. ..... disability, to be compensable under the statute, must have resulted from injury or disease caused or aggravated in the line of duty. id. ..... 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 disease contracted in the line of duty when employed in active military service. ..... but, as the court below pointed out, it is not alleged that such evidence showed that such disability resulted from injury or disease caused or aggravated "in the line of duty," as provided by the statute. ..... section 305, c. .....