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MANOJ MISRA, N. KOTISWAR SINGH
Alok Kumar Ghosh – Appellant
Versus
New India Assurance Company Ltd – Respondent
| Table of Content |
|---|
| 1. claim under workmen’s compensation act (Para 2 , 3 , 6) |
| 2. dispute over liability of the insurer (Para 7 , 8) |
| 3. court's analysis on insurer's liability (Para 9 , 10) |
| 4. section 19 interpretation of insurer's role (Para 11 , 13) |
| 5. restoration of the commissioner's award (Para 18 , 19 , 20) |
ORDER :
1. Heard learned counsel for the parties.
2. The present appeal arises from an order of the High Court at Calcutta1[High Court] dated 09.04.2015 whereby the appeal of the first respondent (insurer - the insurance company) was allowed in part and the order of the Commissioner, Workmen’s Compensation (1st Court), West Bengal2[Commissioner] dated 04.03.2011, in Claim Case No. 12/2006, was modified to the extent that direction to the insurer (the first respondent) to pay the compensation to the workman (the second respondent) was substituted with a direction to the appellant (insured - employer) to pay the compensation and seek reimbursement from the insurer. However, while doing so, the order of the Commissioner awarding compensation of Rs. 2,58,336 with statutory interest of 12% per annum to the workman was affirmed.
3. Record reflects that the second respondent, employed as dri
Injury suffered in course of employment – Insurer would be liable only to reimburse employer, in the event employer fails to make payment for any reason.
The main legal point established in the judgment is that the Insurance Company is primarily liable to pay compensation to the workmen under the Workmen Compensation Act.
The insurance company is not liable to indemnify for compensation under the Employees Compensation Act when the driver does not possess a valid driving license, as this constitutes a breach of policy....
An insurer is not liable for interest on compensation awarded under the Employees Compensation Act if the policy expressly excludes such liability.
The insurance company is not liable for interest payments under the Workmen's Compensation Act; liability rests with the employer to pay compensation and associated interest.
The appeal under Section 30 of the Workmen's Compensation Act is limited to substantial questions of law, and findings of fact by the Commissioner are final unless shown to be perverse.
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