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1988 Supreme(Ker) 479

FATHIMA BEEVI, SUKUMARAN, BALAKRISHNA MENON
UNITED INDIA INSURANCE CO. LTD, – Appellant
Versus
VASUDEVAN – Respondent


Judgment :-

1. These appeals under S.30 of the Workmen's Compensation Act, 1923 have been referred to the larger Bench in view of the conflicting views expressed is Beach decisions of this Court on the scope of S.14 of the Act.

2. The question raised is whether in adjudicating the claim of a dependant of a workman who died as a result of a motor accident, the Workmen's Compensation Commissioner can direct the insurer to pay the amount awarded as compensation. The appellants contend that the Workmen's Compensation Commissioner has no jurisdiction or authority to pass an award against the Insurance Company and the

only occasion a liability can be fixed on the insurer by the Commissioner is when the conditions contemplated by S.14 of the Act exist.

3. In New India Assurance Company Ltd. v. Parameswari Amma, ILR. 1976 (1) Ker. 237, this Court, in considering the legality of the direction by the Commissioner that the insured is entitled to be indemnified by the insurer to the full amount of compensation, said:

"Of course, as between the insurer and the employer there may be scope for indemnity apart from the terms of the Workmen's Compensation Act. That is because of the contract of the in


































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