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IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANU, J
NATIONAL INSURANCE CO LTD – Appellant
Versus
PANDIYAMMAL MOKKARAJ – Respondent
| Table of Content |
|---|
| 1. overview of the case and compensation awarded. (Para 1 , 2) |
| 2. arguments regarding liability for interest exclusion under the policy. (Para 3 , 4) |
| 3. court observations on contractual obligations of insurer. (Para 5 , 6) |
| 4. legal position regarding insurer's liability to indemnify for interest. (Para 7) |
| 5. final order modifying previous judgment regarding liability. (Para 8) |
JUDGMENT
Appellant is the 2nd opposite party in E.C.C No.18 of 2021 on the files of the Commissioner for Employee’s Compensation (Industrial Tribunal), Alappuzha. Respondents 1 to 3 herein were the applicants before the commission. The 4th respondent was the
1st opposite party in the E.C.C.
2. Respondents 1 to 3 sought compensation for the death of the husband of the 1st respondent and the father of respondents 2 and 3. The learned Commissioner found that the respondents 1 to 3 were entitled for receiving compensation. The Commissioner fix Rs.5,87,300/- (Rupees Five Lakh Eighty Seven Thousand Three Hundred only) as compensation. The Commissioner also granted interest at the rate of 12% from the date of accident. The interest was quantified as Rs.1,87,083/-
(Rupees One Lakh Eighty Seven Thousand Eight
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