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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR
United India Insurance Company Ltd. – Appellant
Versus
Jamna Devi – Respondent
| Table of Content |
|---|
| 1. deceased contractor's employee covered under principal employer's wc policy (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. policy excludes contractor employees, interest, requires contractor joinder (Para 11 , 12 , 13 , 14) |
| 3. undisclosed exclusions unenforceable; apply reading down and blue pencil (Para 15 , 16 , 17 , 18 , 19) |
| 4. principal employer liable under section 12 ec act for contractor's workman (Para 20 , 21 , 22) |
| 5. wages include benefits; insurer liable for compensation and interest (Para 23 , 24) |
The appellant-Insurance Company, by filing present appeal under Section 30 of the Employees Compensation Act, 1923 (in short referred to as ‘the EC Act’), has assailed impugned order dated 20th April, 2013 passed by the Commissioner, Employees’ Compensation, Court No.2, Mandi H.P. in case W.C.A. No. 15/2011/2010, preferred under the EC Act, whereby appellant- Insurance Company being insurer of Principal Employer has been directed to deposit the amount awarded in favour of claimants amounting to Rs.3,14,880/- along with interest thereon at the rate of 12% per annum w.e.f. 17th July, 2007 i.e. from one month after the date of a
Insurer liable for compensation and 12% interest to contractor's employee listed in policy schedule despite general exclusion clause not disclosed therein; principal employer liable under contracting....
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 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 insurance company is liable for compensation under the Workmen’s Compensation Act when an employee-employer relationship is established, regardless of the driver's licensing status or the nature ....
An insurer's liability excludes interest and penalties if the insurance policy explicitly states such exclusions, as determined under commercial contract principles.
An insurance company is not liable to pay compensation under the Workmen's Compensation Act if the policy has been cancelled before the accident and the insured has been informed about the cancellati....
The main legal point established in the judgment is that non-compliance with certain statutory requirements, breach of insurance policy conditions, and breach of duty by the owner or driver did not b....
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