- (1.) This is an appeal against judgment and award dated March 4, 2011 passed by the learned Commissioner of the Workmen's Compensation, First Court, West Bengal, in Claim Case no. 12 of 2006. By the award impugned, the learned Commissioner allowed the claim case and awarded Rs.2,58,336/- (Rupees two lakh fifty eight thousand three hundred thirty six) only as compensation from the insurance company.
(2.) The insurance company was directed to pay the amount from the expiry of one month from the date of accident till the actual payment of the compensation together with statutory simple interest at the rate of twelve (12) per centum per annum till realisation. The insurance company is the appellant before this Court. Mr. Kamal Krishna Das, learned advocate appears for the appellant and submits with reference to the provisions of Sections 3, 4 and 4A of the Employees' Compensation Act, 1923 that the liability of the insurer is to indemnify the employer for the compensation paid. It is not the responsibility of the insurance company to pay the compensation awarded at the first instance.
(3.) Mr. Das submits that there is no corresponding provision like Section 149 of the Motor Vehicles Act, 1988, in the Employees' Compensation Act, 1923. It is not the duty of the insurer to satisfy the award passed against the employer in respect of the employee at the first instance.;