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Alok Kumar Ghosh vs. The New India Assurance Co. Ltd. & Anr. (SC)

52.00 5.20

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Workmen’s Compensation Act, 1923–Sec. 19–Whether in a proceeding initiated under the 1923 Act for compensation payable under the said Act, insurer could be made a party respondent ?–Held, yes–Whether compensation can be awarded against it if otherwise admissible under the contract of insurance ?–Held, yes–Notwithstanding absence of a provision such as Sec. 149 of M.V. Act 1988 in the 2023 Act, by virtue of power to determine liability u/s. 19, the Commissioner would have power to make the insurer jointly and severally liable with the employer to pay compensation if the same falls within the scope of the contract of insurance.