Back
SATYEN VAIDYA
New India Assurance Company Ltd. – Appellant
Versus
Fulla Devi – Respondent
JUDGMENT :
Satyen Vaidya, J.
By way of instant appeal under Section 30 of the Employees Compensation Act, the Appellant/Insurer has assailed Award dated 8.7.2010 passed by the Commissioner under Workmen Compensation Act-cum-SDO (C), Sundernagar, District Mandi, H.P. in Case No.16/2008, whereby respondent No.1 herein/claimant has been awarded a sum of Rs.5,41,910/- as compensation on account of death of Sh. Santosh alias Ganpat Ram.
2. Brief facts necessary for adjudication of appeal are that respondent No.1 (hereinafter referred to as the ‘claimant’) applied under Section 22 of the Employees’ Compensation Act (for short, ‘the Act’) to the Commissioner under the Act for compensation on account of death of her son Sh. Santosh alias Ganpat Ram. The deceased Sh. Santosh alias Ganpat Ram was a workman employed by respondent No.2 (hereinafter referred to as the ‘employer’) as a helper on JCB Machine No. HP-51B-3921. On 10.07.2008, the deceased was working on the aforesaid machine and in the meanwhile, retaining wall of the road on which the machine was parked gave way, causing machine to roll down alongwith the deceased. Consequently, the deceased received fatal injuries and died.
3. The app
It was for claimant to have opted for claim of compensation either under Workmen’s Compensation Act or under Motor Vehicles Act.
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 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.
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 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.
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 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.
Point of Law : 12. Liability of interest has to be borne by insurer as liability is attached to amount of awarded compensation under Act, which insurer is liable to indemnify and as necessary corolla....
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
