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C. M. JOSHI
Oriental Insurance Company Ltd. – Appellant
Versus
Thayamma W/o Late Madegowda – Respondent
JUDGMENT :
C.M. JOSHI, J.
1. This appeal by the Insurance Company is directed against the judgment and award dated 17-09-2018 passed in ECA No. 64/2014 by the learned IV Additional Senior Civil Judge and JMFC, Mysuru, whereby a sum of Rs. 4,69,640/- has been awarded as compensation together with interest at 12% p.a. fastening liability on the Insurance Company on account of the death of Madegowda.
2. It is the case of the petitioners that, deceased Madegowda was the husband of petitioner No. 1 and father of petitioner Nos. 2 to 5 and was working under respondent No. 1 in Sugar Cane Crushing Factory engaged in preparation of Jaggary at Kopparayanakoppal, Srirangapatna, Mandya District. On 20.07.2014 at about 4.50 PM when the deceased was putting sugar cane bagasse into oven and two oxen were taking rounds near sugar cane furnace. At that time the wooden stick which was kept on the oxen hit the deceased Madegowda and he fell down in the sugar cane furnace and sustained burn injuries. He was taken to K.R. Hospital, Mysuru and admitted as inpatient and died on 23.07.2014. After conducting the post-mortem, the dead body was taken to their village and funeral and obsequies ceremonies were c
The main legal point established in the judgment is the interpretation of the insurance policy terms and the extent of the insurance company's liability under the Workmen's Compensation Act.
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.
An insurance company is not liable for interest on workmen's compensation awards, as liability rests solely with the employer under the Workmen’s Compensation Act.
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 main legal point established in the judgment is that the interest burden under Section 4-A(3)(a) of the Workmen's Compensation Act, 1923, shifts to the Insurance Company.
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