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DEVAN M. DESAI
Oriental Insurance Company – Appellant
Versus
Devji Kanji Savasariya Through Legal Heirs – Respondent
| Table of Content |
|---|
| 1. compensation claim regarding workman’s death. (Para 1 , 3) |
| 2. establishment of appeal under workmen’s compensation act. (Para 2) |
| 3. arguments challenging liability of interest. (Para 4) |
| 4. court's reasoning on liability and interest. (Para 5 , 6 , 7) |
| 5. decision on appeal regarding insurer's liability. (Para 9) |
| 6. court's final order and directive. (Para 10) |
JUDGMENT :
1. This is an appeal filed under Section 30 of the Workmen’s Compensation Act, 1923 challenging the impugned order and award dated 31.07.2009 passed by the Commissioner of Workmen’s Compensation, Labour Court, Jamnagar in Workmen Compensation Fatal Case No.20/1998.
2. Heard learned advocate Mr. Maulik J. Shelat for the appellant. Though served, none appears for the respondent.
3. The brief facts of the case are as under:-
3.1. The workman-Devji Kanji Savasariya was in the employment of original opponent No.1 and he workman during the course of employment died on 26-27/03/1997. The workman expired while working on the barge. The heirs of deceased workman claimed the compensation of Rs.2,62,000/- with penalty and 18% interest from the original opponents. Upon service of notice, original opponent No.1 filed
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 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 insurer is not liable for interest on compensation awarded under the Employees Compensation Act if the policy expressly excludes such liability.
The main legal point established in the judgment is the liability of the Insurance Company to pay interest imposed upon the insured employer by the Workmen's Commissioner under Sec. 4A(3) of the Empl....
The main legal point established in the judgment is that the penalty under Section 4-A(3)(b) of the Workmen's Compensation Act is the liability of the employer and not the insurance company.
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 the interpretation of the insurance policy terms and the extent of the insurance company's liability under the Workmen's Compensation Act.
The Insurance Company is liable for interest on compensation under the Employee’s Compensation Act, while the employer is responsible for penalty payments.
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