Multiple Claims For Same Accident Not Maintainable Under Employee's Compensation Act: Himachal Pradesh HC
1 week, 4 days ago

Multiple Claims For Same Accident Not Maintainable Under Employee's Compensation Act: Himachal Pradesh HC

Live Law  

Himachal Pradesh High Court: A Single Judge Bench of Justice Sushil Kukreja dismissed an appeal filed a dependent mother under the Employee's Compensation Act. However, Tata AIG, the insurer, argued that the claim was barred, as Raju's widow and daughter had already settled this claim in 2015 through an agreement before the Workmen's Compensation Commissioner. Court's Reasoning Firstly, the court noted that under Section 167 of the Motor Vehicles Act and Section 22 of the Employee's Compensation Act, only one claim is maintainable per cause of action. It explained that the compensation awarded either under the Motor Vehicles Act or the Employee's Compensation Act represents the amount payable to all legal representatives of the deceased.

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History of this topic

Multiple Claims For Same Accident Not Maintainable Under Employee's Compensation Act: Himachal Pradesh HC
1 week, 4 days ago

Multiple Claims For Same Accident Not Maintainable Under Employee's Compensation Act: Himachal Pradesh HC

Live Law  

Himachal Pradesh High Court: A Single Judge Bench of Justice Sushil Kukreja dismissed an appeal filed a dependent mother under the Employee's Compensation Act. However, Tata AIG, the insurer, argued that the claim was barred, as Raju's widow and daughter had already settled this claim in 2015 through an agreement before the Workmen's Compensation Commissioner. Court's Reasoning Firstly, the court …

Employees Compensation Act | Admission Of Appeal Challenging Compensation Award Subject To Raising Substantial Questions Of Law: J&K High Court
5 months, 2 weeks ago

Employees Compensation Act | Admission Of Appeal Challenging Compensation Award Subject To Raising Substantial Questions Of Law: J&K High Court

Live Law  

The Jammu & Kashmir and Ladakh High Court recently held that the scope of an appeal against an award passed under the Employees Compensation Act is significantly limited, being permissible only if a substantial question of law is involved. The observation made by Justice Wani was based on a reading of Section 30 of the Employees Compensation Act which outlines …

'Deceased Was Multi Tasking, Not Doing 9-5 Job' : Supreme Court Enhances Motor Accident Compensation
10 months ago

'Deceased Was Multi Tasking, Not Doing 9-5 Job' : Supreme Court Enhances Motor Accident Compensation

Live Law  

The Supreme Court recently enhanced the compensation in a motor accident claim after taking note of the fact that the deceased was deriving income from multiple jobs. Considering his age at the time of death as 52 years on the date of accident, the applicable multiplier would be as per the judgment of this Court in Sarla Verma and others …

Murder Of Employee Doesn't Disentitle Legal Heirs From Claiming Compensation Under Employees’ Compensation Act: Delhi High Court
1 year, 1 month ago

Murder Of Employee Doesn't Disentitle Legal Heirs From Claiming Compensation Under Employees’ Compensation Act: Delhi High Court

Live Law  

In an appeal filed under Section 30 of the Employees’ Compensation Act, the Delhi High Court has reiterated that the fact of an employee being murdered during the course of employment does not disentitle his legal heirs from seeking compensation under the Act. Vs. Munesh Devi.” The appeal was filed by the claimants, challenging Labor Commissioner’s order, whereby the claim …

Delhi High Court Awards Over ₹65 Lakh Enhanced Compensation To Road Accident Victim With 100% Functional Disability; Total ₹1.12 Crore
1 year, 8 months ago

Delhi High Court Awards Over ₹65 Lakh Enhanced Compensation To Road Accident Victim With 100% Functional Disability; Total ₹1.12 Crore

Live Law  

The Delhi High Court has awarded over Rs. 65 lakh enhanced compensation to a woman who met with a motor-vehicular accident in 2011 when she was an 11-year-old school going girl. The court was hearing two appeals moved by Jyoti Singh as well as the ICICI Lombard General Insurance Corporation Limited challenging the compensation awarded by the MACT in 2011. …

Motor Accident Tribunal Should Grant ₹1 Lakh Compensation For Upto 10% Permanent Disability Suffered By Minor: Gujarat High Court Reiterates
1 year, 11 months ago

Motor Accident Tribunal Should Grant ₹1 Lakh Compensation For Upto 10% Permanent Disability Suffered By Minor: Gujarat High Court Reiterates

Live Law  

The Gujarat High Court recently modified the judgment and award granted by the Motor Accident Claims Tribunal on the ground that the tribunal had not complied with the directions issued by the Supreme Court, prescribing Rs. 1 lakh compensation for a minor who sustains upto 10% permanent disability in a motor accident. Dwivedi submitted that the said award granted by …

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