Court : Gujarat
Reported in : IV(2006)ACC345; 2006ACJ2019; AIR2006Guj120; (2006)2GLR1257
..... of this act (other than section 161) or any other law, the tribunal, court or other authority awarding such compensation shall verify as to whether in respect of such death or bodily injury compensation has already been paid under section 161 or an application for payment of compensation is pending under that section, and such tribunal, court or other authority shall -(a) if compensation has already been paid under section 161, direct the person liable to pay the compensation awarded by it to refund to the insurer, so much ..... driving by a named person or persons or by any person who is snot duly licensed, or by any person who has been disqualified for holding or obtaining a driving license 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 or by a representation of fact which was false in some material particular. .....
Tag this Judgment!Court : Gujarat
Reported in : 2009ACJ1733; 2008GLH(1)616; (2008)2GLR1357
..... , can claim compensation only if an insurance for personal accident were taken;(e) in case of death of or injury to an employee in an accident arising out of use of a motor vehicle, the liability of insurance company would be restricted to that arising under the workmen's compensation act;(f) insurance company owed no liability towards injuries suffered by a pillion rider where the policy was a statutory policy and did not cover the risk of death or bodily injury to a gratuitous passenger;(g) insurer was entitled to ..... liability in respect of the death, arising out of and in the course of his employment, of the employee of a person insured by the policy or in respect of bodily injury sustained by such an employee arising out of and in the course of his employment other than a liability arising under the workmen's compensation act, 1923 (8 of 1923), in respect of the death of, or bodily injury to, any such employee-(a) engaged in driving the vehicle, or(b) if it is a public service vehicle, engaged as a conductor ..... 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 is void on the ground that it was obtained by the nondisclosure of a material fact or by a representation of fact which was false in some material particular.(3) .....
Tag this Judgment!Court : Gujarat
Reported in : 1995ACJ308
..... the applicants-appellants are declared to be entitled for the dependency benefits under the employees' state insurance act, 1948 and the respondent-corporation shall make the payment to the appellants accordingly, within three months from the date of the receipt of this order ..... , ahmedabad on 12-7-1990 for getting the benefit for which they are entitled under the employees' state insurance act, 1948 (for short 'the act'). ..... the words 'arising out of employment' are understood to mean that 'during the course of the employment, injury has resulted from some risk incidental to the duties of the service, which unless engaged in the duty owing to the master, it is reasonable to believe the workman would not otherwise have suffered' ..... of this recommendation, the respondent-corporation did not accept the case and refused to grant compensation to the widow and the minor children of the deceased. ..... the accident had occurred on account of a risk which is an incident of the employment, the claim for compensation must succeed, unless of course the workman has exposed himself to an added peril by his own imprudent act. ..... present case is squarely covered by two aforesaid judgment of this court as well as bombay high court, the learned judge not relied upon the same and thus committed an error in dismissing the application for compensation of the applicants-appellants. ..... high court allowed the appeal and reversed the judgment of the learned trial judge and granted the application for compensation. .....
Tag this Judgment!Court : Gujarat
Reported in : 2001ACJ1844; [2001(91)FLR98]; (2000)3GLR2095; (2001)ILLJ34Guj
..... 82 of the employees' state insurance act, 1948 (for short the e.s.i ..... considering similar provisions in the workmen's compensation act, the apex court has held that when there was amputation of left hand above elbow of a carpenter he could not work with one hand, and therefore, the disablement was ..... dispute that the appellant was on duty as a cotton feeder when he sustained employment injury to his right hand resulting into amputation upto the shoulder joint. ..... of the second schedule to the act referable to section 2(15-a) deals with list of injuries which deem to result in permanent ..... of the second schedule to the act referable to the above provision deals with list of injuries which deem to result in permanent ..... permanent nature as incapacitates an employee for all work which he was capable of performing at the time of the accident resulting in such disablement : provided that permanent total disablement shall be deemed to result from every injury specified in part i of the second schedule or from any combination of injuries specified in part ii thereof where the aggregate percentage of the loss of earning capacity, as specified in the said part ii against those injuries, amounts to one hundred percent or more.' 6. ..... it has not been disputed before us that the injury was of such a nature as to cause permanent disablement to the respondent, and the question for consideration is whether the disablement incapacitated the respondent for all works which he was capable of performing at the .....
Tag this Judgment!Court : Gujarat
Reported in : 2008ACJ2814; AIR2008Guj158
..... it is hereby understood and 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 car and caused by violent, accidental, external and visible means which independently of any other cause ..... shall within three calendar months of the occurrence of such injury result in:details of injury scale of compensationi) ...ii) ...iii .....
Tag this Judgment!Court : Gujarat
Reported in : 2010ACJ429; AIR2009Guj72; (2009)1GLR765
..... also vehemently contended that premium was not received by the insurance company in advance and, therefore, section 64-vb of the insurance act would apply and thereby insurance company is not liable for the compensation. ..... the scheme of the motor vehicles act the workmen's compensation act does not confer a right on the claimant for compensation under that act to claim the payment of compensation in its entirety from the insurer himself.it was further observed:the law relating to contracts of insurance is part of the general law ..... we may, however, notice that in terms of sub-section (5) of section 147 and sub-section (1) of section 149 of the act, the insurance company became liable to satisfy awards of compensation in respect thereof, notwithstanding its entitlement to avoid or cancel the policy for the reason that the cheque issued for payment of premium thereon had not ..... iillj782sc , although in the context of the workmen compensation act, 1923, balasubramanyan, j opined : 'it is not brought to our notice that there is any other law enacted which stands in the way of an insurance company and the insured entering into a contract confining the obligation of the insurance company to indemnify to a particular head or to a particular amount when it relates to a claim for compensation to a third party arising under the workmen's compensation act. ..... has received fracture injuries of pelvis bone and his father received injury on left hand, left leg and fracture injuries of pelvis bone. .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)2GLR1348
..... ) it is clear that under section 163a, the owner or authorised insurer shall be liable to pay compensation in case of death or permanent disablement due to accident arising out of use of motor vehicle, whereas under section 165(1) of new act, also same phraseology has been used to the effect that for the purpose of adjudicating upon the claims for compensation in respect of accidents involving the death or bodily injury to persons arising out of use of motor vehicles or damage to any property of ..... of tribunal to decide such claims arising out of negligence alone in the use of motor vehicle would be carvation of a proviso under section 165(1) of the motor vehicle act to exclude the jurisdiction of claims tribunal for awarding compensation in respect of such category of cases where the death or bodily injury is caused in the accident arising out of use of motor vehicle but without negligence in use of such motor vehicle and where the accidents are caused due to the ..... plead and prove the negligence in use of motor vehicle or if the outside agency is found to be solely responsible in causing the accident involving the death or bodily injury to persons or damage to any property of third party so arisen or both, the claimants would be divested from claiming compensation under the aforesaid provisions of act, thus, import of the concept of negligence from common law and law of torts to exclude the jurisdiction of claims tribunal on the principle of fault required to be established .....
Tag this Judgment!Court : Gujarat
Reported in : II(2003)ACC412
..... , however, not inclined to take such view as the mallawwa's case (supra) is decided under the old act of 1939 and there is no such finding therein that even if insurance company is not held to be liable for compensation, the insurance company should pay to the claimant and recover the amount of compensation from the insured.24. ..... also stated that the policy did not contain any of such restrictions and hence the respondents-claimants are entitled to claim compensation for the death of the deceased persons and/or injury caused to them. ..... a detailed chart, showing first appeal number, macp number, nature of injury, name of the claimant, amounts claimed and amount awarded, is given hereunder:-=============================================================================first ..... nature of name of the amount amountappeal injury claimant claimed awardednumber==============================================================================2562/97 207/83 injured rabari sangrambhai 50,000 32,000punjabhai.2563/97 208/83 injured rabari balabhai 30,000 21,000raghunathbhai.2564/97 209/83 fatal rabari jabalben, 1,50,000 1,35,000widow of karsanbhaimalabhai.2565/97 210/83 fatal rabari ..... , 333 and 334 of 1983 were sitting near a heap of kapachi which was lying near the place of accident and they have sustained injuries on account of the said accident. mr. ..... , 2569, and 2570 were sitting near a heap of kapachi which was lying at the place of accident and they sustained injuries on account of the said accident.4. .....
Tag this Judgment!Court : Gujarat
Reported in : 2004ACJ1209; (2004)1GLR452
..... mr mehta has heavily relied on the provisions of sub-section (4) of section 64-vb of the insurance act, 1938 in support of his contention that since the amount was not received by the appellant-insurance company within 24 hours of the collection of premium from the insured by the agent of the appellant, the appellant cannot be fastened with the liability to satisfy the award.5. mr. ..... purposes of this section, in the case of risks for which premium can be ascertained in advance, the risk may be assumed not earlier than the date on which the premium has been paid in cash or by cheque to the insurer.explanation : where the premium is tendered by postal money order or cheque sent by post, the risk may be assumed on the date on which the money order is booked or the cheque is posted, as the case may be. ..... as regards the contention based on sub-section (4) of section 64-vb of the insurance act, the same has been rightly rejected by the learned single judge by holding that that is a matter between the insurer and the agent and the insured is not vitally concerned with it. ..... section 64-vb of the insurance act, 1938 reads as under :-'64-vb. ..... respondent no.2 herein filed the above numbered claim petition before the motor accident claims tribunal, ahmedabad for claiming compensation of rs. ..... 1,00,000/- for the injuries sustained by him in the vehicular accident which took place on 8th august 1984 at 3.15 p.m. .....
Tag this Judgment!Court : Gujarat
Reported in : III(2005)ACC301; 2005ACJ1816; (2005)2GLR1476
..... to in sub section (1) s 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 specified ..... - notwithstanding anything contained in the workmen's compensation act,1923, where the death or bodily injury to any person gives rise to a claim for compensation under this act and also under the workmen's compensation act, 1923, the person entitled to compensation may claim such compensation under either of those acts but not under both.110-c.2-a. ..... 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(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. .....
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