NATIONAL INSURANCE COMPANY LTD Vs. MALLIKA RANA

JUDGEMENT

(1.) THE insurer has filed this application under Section 30 of the Workmen's Compensation Act calling in question the legality of the award/judgment passed in W.C. Case No.216/D2002 by the Commissioner for Workmen's Compensation-cum-Assistant Labour Commissioner, Cuttack, on various grounds.

(2.) THE main thrust of argument of Dr. Rath, learned Counsel appearing for the insurer is that the policy and the proposal, which were marked as Ext. A before the Commissioner (copy of which has been produced before me) discloses that for five numbers of crewmen in the Trawler, the employer paid Rs. 150 as premium. Dr. Rath, therefore, contends that for each crew member the amount paid was Rs. 30 as premium to the insurer as per the tariff framed by the Tariff Advisory Committee on 6th August, 1999 which has been revised again on 7th May, 2002. THE liability of the insurer for a member of the crew for whom Rs. 30 has been paid as premium is limited to Rs. 50,000. He has produced the copies of the tariffs fixed by the Tariff Advisory Committee alongwith a Misc. Case filed today in Court, to admit the same as additional evidence under Order XLI, Rule 27, CPC.