Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A. ABDUL HAKHIM
United India Insurance Co. Ltd., Represented By Its Authorized Signatory – Appellant
Versus
Annamma Ninan, W/o. Late Mathew Ninan – Respondent
| Table of Content |
|---|
| 1. insurance coverage for compensation is established. (Para 1 , 2) |
| 2. arguments revolve around policy terms and exclusions. (Para 6 , 7) |
| 3. court examines exclusion and default aspects of policy liability. (Para 8 , 9 , 12 , 13 , 19 , 20) |
| 4. liability confirmation and consequent interest obligations outlined. (Para 10 , 11) |
| 5. the appeal found lacking merits and thus dismissed. (Para 21) |
JUDGMENT :
(M.A. ABDUL HAKHIM, J.)
1. The Appellant is the 3rd Opposite Party/Insurance Company in the Application before the Employees Compensation Commissioner. Respondents 1 and 2 are the Applicants who are the dependents of the deceased workman. The Respondents 3 and 4 are the 1st and 2nd Opposite Parties who are impleaded as the employer.
2. The Applicants sought compensation for the death of the workman on 27.11.2015 on account of a fall from the second floor of the new apartment project of the 1st and 2nd respondents. The Commissioner, as per the impugned order, found that the Applicants are entitled to a compensation of Rs.4,40,560/- with interest at the rate of 12% per annum from the date of accident till the date of payment/realization and Rs.10,000/- towards funeral expenses.
3.
Insurance liability extends to interests on indemnification where defaults in payment occur, even under subcontractor conditions.
An insurer's liability excludes interest and penalties if the insurance policy explicitly states such exclusions, as determined under commercial contract principles.
It was for claimant to have opted for claim of compensation either under Workmen’s Compensation Act or under Motor Vehicles Act.
The main legal point established in the judgment is that the insurance company is liable to pay compensation to the deceased worker if covered under the policy, and it cannot avoid its liability to p....
The insurer's liability in a Workmen's Compensation case is dictated by the declared salary in the policy, and penalties for delay must comply with statutory requirements.
Insurance companies are not liable for interest or penalties under workmen's compensation policies unless explicitly stated in the policy; responsibility for such payments typically lies with the emp....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
