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1 - 10 of 10 (0.36 seconds)Section 19 in The Employee's Compensation Act, 1923 [Entire Act]
The Motor Vehicles Act, 1988
Section 1 in The Employee's Compensation Act, 1923 [Entire Act]
Section 4A in The Employee's Compensation Act, 1923 [Entire Act]
Section 22 in The Employee's Compensation Act, 1923 [Entire Act]
Section 30 in The Employee's Compensation Act, 1923 [Entire Act]
Karnataka State Road Transport ... vs Smt Sujatha W/O H D Parashurama on 27 August, 2010
9. Apex Court in the case of North East Karnataka Road Transport
Corporation Vs Sujatha (2019) 11 SCC also following the above mentioned
judgement held that the interest should be paid from the date of accident. So,
in the light of the above mentioned decisions of the Hon'ble Supreme Court
the legal position is clear that the liability to pay compensation arises on the
date of accident and when it is not paid within the statutory period of 30
days, then the liability to pay interest commences, after the expiry of 30 days
from the date of accident. So the learned Commissioner for Workmen's
Compensation did not commit any mistake in awarding the interest from the
date of incident.
The Employee's Compensation Act, 1923
National Insurance Co. Ltd vs Swaran Singh & Ors on 5 January, 2004
In this regard, the Apex court in the case of
Pappu v. Vinod Kumar Lamba, (2018) 3 SCC 208 following the earlier
judgement of Apex Court passed in National Insurance Co. Ltd. v. Swaran
Singh, (2004) 3 SCC 297 reiterated "the defences available to the insurance
company under Section 149(2)(a)(ii) of the Motor Vehicles Act, 1988. The
Insurance Company is entitled to take a defence that the offending vehicle
was driven by an unauthorised person or the person driving the vehicle did
not have a valid driving licence. The onus would shift on the Insurance
Digitally signed by ANURAG SONI
Date: 17/03/2020 10:56:58
7
Company only after the owner of the offending vehicle pleads and proves
the basic facts within his knowledge that the driver of the offending vehicle
was authorised by him to drive the vehicle and was having a valid driving
licence at the relevant time.''
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