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MALASRI NANDI
National Insurance Company Limited. , Represented By The Asstt. Manager – Appellant
Versus
Omar Ali, S/o. Md. Samsul Hoque – Respondent
JUDGMENT :
1. Heard Ms. R.D. Mozumdar, learned counsel for the appellant. Also heard Mr. M. Khan, learned counsel for the respondents.
2. This appeal has been preferred by the appellant insurance company u/s 30 of the Employees Compensation Act, 1923 against the judgment and award dated 25/11/2014 passed by the Commissioner Workmen’s Compensation, Abhayapuri, Bongaigaon in EC case no 115/2013 awarding compensation of Rs. 1,79,371/- in favor of the claimant/respondent no 1.
3. The brief facts of the case is that the claimant/respondent no. 1 filed a case before Workmen’s Compensation Commissioner Abhayapuri, stating inter alia that on 03/10/2012 at about 10.25 P.M. as a driver of a vehicle bearing no AS-19E-0486 (Maruti Swift) while proceeding from Guwahati towards Chalantapara and when reached near Delhicacy Dhaba over 37 National Highway suddenly one unknown vehicle ( truck) coming in a rash and negligent manner knocked down the said Maruti Swift from backside as a result of which, the driver of the vehicle/claimant Omar Ali sustained grievous injuries on his person. Immediately after the accident the injured was taken to the Arya Hospital Guwahati and admitted there and treated a
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.
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.
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.
: scheme of the Act of 1923 is that when ever, a workman gets injured during the course of his employment, his employer is to pay the compensation. There is no doubt that the respondent/driver sustai....
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 the interpretation of the insurance policy terms and the extent of the insurance company's liability under the Workmen's Compensation Act.
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