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M. LAXMAN
New India Assurance Company Limited, rep. , by its Branch Manager – Appellant
Versus
Bhukya Humbam, S/o. Sri Dashya – Respondent
JUDGMENT:
1. The challenge in the present appeal is to the order dated 10.02.2003 in W.C.No.6 of 2002 on the file of the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour, Nalgonda, whereunder the Commissioner awarded an amount of Rs.75,964/- as compensation along with interest at 12% per annum.
2. The present appeal is filed by the Insurance Company, who is respondent No.2 before the Tribunal.
3. The appellant herein is respondent No.2, respondent No.1 is the applicant and respondent No.2 is the respondent No.1 before the Tribunal. For the sake of convenience, the parties herein are referred to as they are arrayed in the claim petition before the Tribunal.
4. There is no dispute with regard to the accident and the quantum of determination of amount.
5. Learned standing counsel for the Insurance Company has restricted his contentions on two grounds. Firstly, as per the admission of the workman as well as the employer, the wages admitted were Rs.1,300/- per month, whereas the Commissioner has granted the minimum wages over and above the agreed amount. According to him, the contract between the employer and the employee prevails over the statutory requireme
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 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 liable for interest on compensation under the Employee’s Compensation Act, while the employer is responsible for penalty payments.
The court held that the liability for interest on compensation lies with the Insurance Company, affirming a statutory interest rate of 12% under the Workmen's Compensation Act if not paid within a mo....
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