Compensation - Law Dictionary Search Results
Home Dictionary Name: compensationWorkmen's Compensation Act
Workmen's Compensation Act. (English) The Workmen's Compensation Act, 1897, introduced the principle of compulsory insurance of workmen by employers in a restricted number of trades. The gist of a right to compensation under the Acts is 'accident arising out of and in the course of the employment' causing personal injury to a workman (Workmen's Compensation Act, 1925 [15 & 16 Geo. 5, c. 84), s. 1 (1)] The compensation is not damages for negligence or any other tort at common law or by statute (see COMPBELL (LORD) ACTS (Fatal Accidents Acts, 1846-1908) and Employers Liability Act, 1880, sub tit. MASTER AND SERVANT), and an employer is not liable both for damages and compensation; but the workman or his representatives may elect between the remedies, and in an unsuccessful action for damages the Court may assess or refer the question of compensation to the proper tribunal, subject to an equitable order for costs (Workmen's Compensation Act, 1925, s. 25). Compensation is not payable for a...
Compensation
Compensation, according to dictionary it means, 'compensating or being compensated; thing given as recompense;'. In legal sense it may constitute actual loss or expected loss and may extend to physical mental or even emotional suffering, insult or injury or loss, Ghaziabad Development Authority v. Balbir Singh, (2004) 5 SCC 65 (75): AIR 2004 SC 2141.--Making things equivalent, satisfying or making amends, a reward for the apprehension of criminals; also that equivalent in money which is paid to the owners and occupiers of lands taken or injuriously affected for public purposes and under Act of Parliament, e.g., the (English) Lands Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 18), but where the land is acquired compulsorily by a Government Department or any local or Public Authority the compensation is regulated by the (English) Acquisition of Land (Assessment of Compensation) Act, 1919 (9 & 10 Geo. 5, c. 57) and Rules of 1919, and see Housing Act, 1936, ss. 40 and 42 and Schedules, ...
workers' compensation
workers' compensation 1 : compensation for injury to an employee arising out of and in the course of employment that is paid to the worker or dependents by an employer whose strict liability for such compensation is established by statute NOTE: Where established by statute, workers' compensation is generally the exclusive remedy for injuries arising from employment, with some exceptions. Workers' compensation statutes commonly include explicit exclusions for injury caused intentionally, by willful misconduct, and by voluntary intoxication from alcohol or illegal drugs. 2 : workers' compensation insurance ...
Re-compensation
Re-compensation. Where a party sues for a debt, and the defendant pleads compensation, i.e., set-off, the plaintiff may allege a compensation on his part, and this is called a re-compensation, Scots Law Term....
Tenants' Compensation Act, 1890
Tenants' Compensation Act, 1890 (English) (53 & 54 Vict. c. 57), repealed by and see now the Allotments Act, 1922 (12 & 13 Geo. 5, c. 57), ss. 1 and 4 (2). At Common Law a mortgagor, and therefore any tenant of his becoming such after mortgage with-out concurrence of the mortgagee, is a mere tres-passer, liable to ejectment without notice, and so liable to lose all his growing crops, etc., without compensation from the mortgagee. The Tenants' Compensation Act, to remedy this hardship, provided that where a person occupies land under a contract of tenancy (whenever made) with the mortgagor, which is not binding on the mortgagee, the occupier shall, as against the mortgagee who takes possession, be entitled to such compensation for crops, improvements, or other matters whatever, under the custom of the country, or the Agricultural Holdings Act, as would be due to him but for the mortgagee taking possession; and further gives such occupier a right to six months' notice, before being depri...
Full compensation
Full compensation. See s. 16 of the Railways Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 16), Chitty's Statutes, tit. 'Railways,' and s. 17 of the Electric Lighting Act, 1882 (45 & 46 Vict. c. 56), ibid., tit. 'Electric Lighting,' by which 'full compensation' is granted for damage by exercise of the powers under the Acts. See COMPENSATION....
compensation
compensation 1 : the act of compensating 2 in the civil law of Louisiana : the ending of mutual obligations between two people for money or quantities of fungible things usually by operation of law but sometimes by an agreement 3 : something that makes up for a loss [received for the breach of contract] ;specif : payment to unemployed or injured workers or their dependents see also unemployment compensation, workers' compensation 4 : payment for a thing of value tendered or a service rendered [the Senators and Representatives shall receive for their services "U.S. Constitution art. I"] ...
just compensation
just compensation : compensation for property taken under eminent domain that places a property owner in the same position as before the property is taken see also eminent domain NOTE: Just compensation is usually the fair market value of the property taken. Attorney's fees or expenses are usually excluded. ...
unemployment compensation
unemployment compensation : compensation paid at regular intervals (as by a state agency) to an unemployed worker and esp. one who has been laid off called also unemployment benefit NOTE: Unemployment compensation is usually a fixed percentage of the former wages of an unemployed worker. ...
Compensation and interest
Compensation and interest, The Legislature being well aware of the distinction between compensation and interest thereon employed clear language which leaves no room for doubt that under sub-s. (2) interest was payable in its well-known and well-understood sense and it could never form a part of the compensation money, Chandroji Rao v. Commissioner of Income-tax, (1970) 2 SCC 1582 (1584): AIR 1970 SC 1582: (1971) 1 SCR 422. [Madhya Bharat Abolition of Jagir Act (28 of 1951), s. 8(2)]...
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