SECRETARY CANNANORE COOP. AUTO DRIVERS SOCIETY

VS

K. SANTHOSH  [1998 ILLX-287 HC-KER-DB]

A PERSON HAD OBTAINED AN AUTO RICKSHAW ON HIRE PURCHASE.  A DRIVER APPOINTED BY SUCH A PERSON MET WITH AN ACCIDENT.  IS THE PERSON OR THE HIRE PURCHASE COMPANY LIABLE FOR  PAYMENT OF COMPEN- SATION UNDER THE WORKMEN’S COMPEN- SATION ACT ?

UNTIL THE FULL PAYMENT IS MADE TO THE HP INSTITUTION, THE VEHICLE IS OWNED BY THAT FIRM.  HENCE HP INSTITUTION IS LIABLE EVEN THOUGH THEY HAVE NOT HIRED THE INJURED DRIVER.

KERALA MINERALS & METALS LTD

VS

P MADHAVAN [1998 ILLJ 933 HC-KER-DB]

AN EMPLOYEE MET WITH AN ACCIDENT AND LOST FEW FINGERS.  EMPLOYER RETAINS HIM IN SAME JOB WITHOUT Any loss in wages.  employee sues for damages under workmen’s compensation act for loss in earning capacity.

HELD WORKMAN IS ENTITLED TO COMPENSATION AS HIS POTENTIAL FOR EARNING HAS COME DOWN EVEN THOUGH THERE IS NO ACTUAL LOSS.

INSPECTOR GENERAL OF POLICE

VS

SAYED ADAM  [1998 (79) FLR 68 HC-BOM-DB]

an employee suffered injury from a motor vehicle owned by employer.  can the employee claim compen- sation under motor vehicles act as well as under work-mens compensations act.

EMPLOYEE HAS THE OPTION OF CLAIMING ONLY UNDER ONE OF THE STATUTES AS COULD BE SEEN FROM SECTION 110-aa OF THE MOTOR VEHICLES ACT 1939.

ORIENTAL INSURANCE CO.

VS

ASHOKAN [1997(76) FLR 229  HC-KER D.B]

THE COMPENSATION BENEFITS UNDER THE WORKMEN’S COMPEN-SATION ACT WERE AMENDED W.E.F. 15.9.1995. WOULD A WORKMAN WHO SUSTAINED AN INJURY PRIOR TO 15/9/1995 BE ELIGIBLE TO CLAIM THE ENHANCED BENEFITS IF HIS CLAIM WAS NOT SETTLED BEFORE 15/9/1995 ?

held that the claimant should be given the benefit at the enhanced rate.

[this judgement is based on an earlier appellate decision of the supreme court in 1996 (2) klt 1022 pertaining to oriental insurance co.]