Supreme Court · 2006 INSC 263 · Decided 28 April 2006

New India Assurance CO. LTD. v. Harshadbhai Amrutbhai Modhiyand ANR.

Court
Supreme Court of India
Citation
2006 INSC 263 · [2006] SUPP. 1 S.C.R. 444
Case number
CIVIL APPEAL No. 2333/2006
Decided
28 April 2006
Bench
S.B. SINHA, P.K. BALASUBRAMANYAN (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Motor Vehicles Act; Workmen's Compensation Act Section 3

Headnote

Workmen's Compensation Act, 1923-Section 3--Contract of Insurance entered into by Employer with an Insurance Company to indemnify for C compensation payable under the Act--Commissioner awarded compensation with interest to the claimant-Appeal by Insurance Company before High Court challenging the employer is statutorily liable to pay workman compensation under the Act-On facts, payment of any interest/penalty is specifically excluded under the contract of insurance-Hence, employer, and D not the insurance company, is liable to pay interest to the claimant-Insurance Act, 1938-Motor

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