NEW INDIA ASSURANCE CO LTD Vs. RADHABAI

JUDGEMENT

(1.) THIS appeal is filed by the insurance company against the award granted by the Commissioner for Workmen's Compensation by its order dated 1. 5. 1992, whereby he was pleased to grant Rs. 23,100/- plus interest and penalty as detailed in the judgment.

(2.) THE counsel for the appellant argues that the insurance company cannot be saddled with the liability as is done by the Commissioner for Workmen's Compensation. He has also argued a few hyper-technical points such as that the transfer from the Commissioner at Nasik to Indore was not according to law. He argued that the penalty clause also can not be fastened upon the insurance company as the Workmen's Compensation Commissioner does not have the jurisdiction over the insurance company. He also argued that before imposing the penalty, the appellant ought to have been given an opportunity. He also argued that the insurance company was not also originally made a party before the Workmen's Compensation Commissioner at Nasik but has been made a party after five years when the matter was transferred to the Workmen's Compensation Commissioner at Indore.

(3.) THERE are also cross-objections filed by the respondent Radhabai, who claimed that because of the change in the law now the compensation ought to be Rs. 50,000 and no less. She referred to the amendment in the Motor Vehicles Act as also the Workmen's Compensation Act.