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RAJESH SEKHRI
Union of India – Appellant
Versus
Subash Chander – Respondent
JUDGMENT :
1. This appeal has been directed against an award dated 29th February, 2016, passed by the Court of Commissioner under Employees Compensation Act (Assistant Labour Commissioner) Jammu, (hereinafter referred to as ‘ALC’), vide which the claimant- respondent No.1, has been held entitled to a compensation of Rs. 1, 77840 and Rs. 298712 as interest for delayed payment and while respondent No.2 has been directed to pay an amount of Rs. 2.00 lacs to the claimant/respondent No.1, in terms of the Insurance Policy, appellant has been fastened with the liability to deposit the balance amount of Rs. 2.76552 with ALC within 30 days of the passing of award failing which same is to recovered as arrears of land revenue by invoking Section 31 of the Employees Compensation Act (for short “the Compensation Act’).
2. Shorn of verbosity, relevant facts of the case are that respondent No.1 came to be engaged as a Casual Employee by the Commandant, 60 Battalion B.S.F - respondent No.4 on the wages of Rs. 100/ per day, for border fencing and flood lighting work near own post Tube Well-5, B.O.P Abdullian, EX-60 Bn/B.S.F on 23.02.2023. While he was performing his duties, he met with an accident of
The Insurance Company is liable to pay interest for delayed compensation under the Employees 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 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.
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.
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