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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.KUMARESH BABU
National Insurance Co. Ltd. – Appellant
Versus
Deepak – Respondent
| Table of Content |
|---|
| 1. accident facts and employer-employee relationship established. (Para 2 , 4 , 5) |
| 2. commissioner awarded compensation with interest against insurer. (Para 6 , 7) |
| 3. parties argue on interest liability and appeal maintainability. (Para 8 , 9 , 10 , 11) |
| 4. appeal maintainability hinges on deposit compliance. (Para 12 , 13 , 14) |
| 5. statutory interest under s.4a payable by insurer post notice. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 6. appeal dismissed, order upheld. (Para 28) |
JUDGMENT :
K. KUMARESH BABU, J.
The present Civil Miscellaneous Appeal has been filed challenging the order dated 05.10.2020 passed in W.C.No.279 of 2019 by the Commissioner of Employee’s Compensation, Coonoor.
2. The facts leading to the present lis are that, on 03.06.2018, the claimant, one Mr. Deepak Sharma, aged about 40 years, who was employed in the 1st respondent’s factory, met with an accident in the Rolling Room while feeding the Rotorvane. During the course of such work, his right hand was caught in the feed conveyor, resulting in severe injuries and crushing of his right upper limb. The claimant was immediately admitted to the hospital on 03.06.2018 where his righ
Insurer liable for statutory interest under Employees’ Compensation Act despite policy exclusion, upon timely notice.
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.
An insurer's liability excludes interest and penalties if the insurance policy explicitly states such exclusions, as determined under commercial contract principles.
The Insurance Company is liable to pay interest for delayed compensation under the Employees Compensation Act.
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.
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.
An insurer is not liable for interest on compensation awarded under the Employees Compensation Act if the policy expressly excludes such liability.
Employers are liable to pay statutory interest on compensation from the date of the accident if payment is delayed, and Disability Certificates from Medical Boards take precedence over private assess....
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