National Insurance Co. Ltd vs Bishweshwar Hazra & Anr
2021 Latest Caselaw 3699 Cal

12.07.2021
  ss
                                    F.M.A. 802 of 2012
                                      ( Via Video Conference )


                                      National Insurance Co. Ltd.
                                               Vs.
                                    Bishweshwar Hazra & anr.



                     Mr. Rajesh Singh
                                            ...For the Appellant/Insurance Co.


                     Mr. Amit Ranjan Roy
                                       ... For the respondent No.1/claimant

The appeal is directed against the judgment and

order dated 24th June, 2011 passed by Learned

Commissioner, Workmen's Compensation (2nd Court),

West Bengal, in Claim Case No. 412 of 2008. The facts of

the case are not in dispute. The claim was filed in

connection with an accident dated April 17, 2007 when

one 'Monoranjan Hazra' died.

The appeal is preferred by the appellant Insurance

Company inter alia primarily on the ground that

Insurance Company was not liable at the first instance to

bear the compensation payable to the claimant. According

to Mr. Singh, learned Counsel appearing on behalf of the

appellant/Insurance Company, it is the employer who is

liable to pay compensation and such employer is

thereafter at liberty to submit an insurance claim for

reimbursement by the Insurance Company.

Upon reading the relevant provisions of the

Workmens' Compensation Act, 1923, I am of the view that

the compensation found payable to the claimant cannot

be directed to be made good by the Insurance Company;

the liability is that of the insured employer who should

pay and recover from the Insurance Company. However,

Mr. Singh has very fairly submitted that in view of a valid

insurance policy issued by 'National Insurance' and the

claimant being a poor person would otherwise be

prejudiced if remand was ordered, it shall pay

compensation to the claimant. He further submits that

the sum of Rs.1,92,051/- has been deposited with the

learned Registrar General of this Court. He submits that

the above sum along with interest accrued thereon may

be disbursed to the claimant.

Mr. Roy, learned Advocate for the claimant, does

not dispute the above contention of Mr. Singh and is

further agreeable to accept the amount deposited by the

insurer in the High Court.

In the light of the above submissions, the

claimant/respondent shall furnish particulars of his

Bank account with the Registrar General of this Court as

expeditiously as possible within a fortnight from date.

Upon deposit of such details, the Registrar General is

directed to pay the deposited amount along with accrued

interest to the claimant/respondent in accordance with

law.

The Registrar General shall check the veracity of

the bank account and the identity of the claimant before

disbursing the amounts. Such payment must reach the

claimant within four weeks from the date of receipt of the

Bank details from the claimant/respondent.

With the aforesaid directions, the instant appeal is

disposed of. There shall be no further order as to costs.

In view of the disposal of this appeal, connected

applications, if any, are also disposed of. The concerned

Department is directed to tag the applications, if any,

with the main appeal.

The Registry is directed to send down the lower

Court records at once, if received by this time.

Urgent photostat certified copy of this order, if

applied for, be given to the parties, upon compliance of all

formalities, on priority basis.

(Shekhar B. Saraf, J.)