NATIONAL INSURANCE COMPANY LTD Vs. GEETHA E.

JUDGEMENT

(1.) This appeal has been filed under Sec. 30 of the Workmen's Compensation Act, by the 3rd opposite party in WCC No.279 of 2002 on the file of Commissioner for Workmen's Compensation, Kozhikode, against the order dtd. 16/10/2006.

(2.) Respondents 1 to 5 were the applicants before the Commissioner for Workmen's Compensation and respondents 6 and 7 were the opposite parties 1 and 2 therein. They applied for compensation being the legal heirs of deceased Sekharan, on the ground that Sekharan died in the course of employment under respondents 6 and 7. Appellant was the insurer, who issued Group Personal Accident Insurance Policy covering the workers of respondents 6 and 7. Before the Commissioner, the appellants contended that Exhibit R1 policy is only a Group Personal Accident Insurance Policy and that their liability is limited to the specified sum assured in the policy. Accordingly, they have already deposited Rs.2,01,652.00 with respondents 6 and 7 and they are not liable to pay any further amount as per the policy.

(3.) However, as per the impugned order, the Commissioner for Workmen's Compensation found that they are liable to pay interest @12% p.a also for the above above sum of Rs.2,01,652.00 with effect from 12/10/2001 to 1/10/2004.