The Kerala High Court allowed an appeal by an insurance company against an Employees' Compensation award. The Court held that liability is limited to the declared policy wage and terms, remitting the balance to the employer. An excess deposit by the insurer must be returned.
The amount deposited by the appellant in excess shall be returned forthwith.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON &
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
MONDAY, THE 7TH DAY OF DECEMBER 2015/16TH AGRAHAYANA, 1937
MFA.No. 78 of 2015 ()
AGAINST THE ORDER IN ECC 153/2014 OF THE COMMISSIONER FOR EMPLOYEES' COMPENSATION (INDUSTRIAL TRIBUNAL), ALAPPUZHA DATED 07-08-2015 APPELLANT(S)/2ND OPP. PARTY: ----------------------------
NATIONAL INSURANCE COMPANY LTD. CHITTOOR ROAD, SOUTH JUNCTION, KOCHI -682016 REPRESENTED BY THE DY. MANAGER, REGIONAL OFFICE KOCHI-682035.
BY ADV. SRI.RAJAN P.KALIYATH
RESPONDENTS/APPLICANTS AND OP1.:
THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 0712-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.R. RAMACHANDRA MENON &
ANIL K. NARENDRAN, JJ.
JUDGMENT
Ramachandra Menon, J.
This appeal has been filed by the Insurance Company being aggrieved of the verdict passed by the Commissioner for Employees' Compensation, granting compensation under a 'miscellaneous policy' beyond the agreed extent, in respect of the employment injury sustained by the husband of the first respondent and father of the second respondent, leading to his death, while serving as an employee in the third respondent establishment.
M.F.A. (WCC). No. 78 of 2015
: 2 :
no liability to any higher extent, particularly by way of interest, cost etc. was liable to be enshouldered by the insurer.
M.F.A. (WCC). No. 78 of 2015 : 3 :
never disputed by the 3rd respondent/employer before the Commissioner, as no written statement was filed. Despite completing service of notice from this Court in the C.M. Appln. as well, the third respondent company has paid only scant regards to the process of this Court, presumably for the reason they do not intend to dispute the facts and figures put forth by the appellant, particularly the wage declared before the insurer at the time of availing the policy and terms of coverage.
M.F.A. (WCC). No. 78 of 2015
: 4 :
satisfaction of interest and cost. At the same time, it has to be borne in mind that the amount awarded by the Commissioner is based on the available facts and figures as put forth by the claimants and as such, the balance portion requires to be satisfied by the 3rd respondent/employer. It is open for the 1st and 2nd respondents to proceed against the 3rd respondent by way of appropriate proceedings. Since the liability of the appellant Insurance company is only to the declared extent as above, the amount already deposited by the company in excess (to facilitate filing of this appeal in terms of the provisions of the Statute) shall stand returned to the appellant forthwith.
Appeal stands allowed. No cost.
sd/-
P. R. RAMACHANDRA MENON, JUDGE
sd/-
ANIL K. NARENDRAN, JUDGE
kmd
/True copy/
P.A. to Judge
2 issues framed by the court
Whether the liability of the insurance company is restricted to the declared policy limits and not the full compensation awarded by the Commissioner.
Whether the insurer is liable to pay interest and costs beyond the agreed policy terms.
Colour shows how this judgement treated each authority
National Insurance Company Ltd. Vs. MuraliReferred¶7
National Insurance Company Ltd. Vs. Murali [2013 (3) KLT 209]
National Insurance Company Ltd.
Devayani W/o Late Sivan
Deepa D/o Late Sivan
P. R. Ramachandra Menon
Anil K. Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
