The Supreme Court observed that the entire burden of compensating an employee injured during the course of work cannot be shifted onto the employer alone, as the insurer is jointly and severally liable to pay compensation along with the employer.

A bench of Justices Manoj Misra and N. Kotiswar Singh set aside the Calcutta High Court's ruling that had absolved the insurer of liability to compensate the employee along with the employer, despite the existence of an insurance contract that made the insurer liable for such compensation under the Employees' Compensation Act, 1923.

The Commissioner for Workmen's Compensation ordered both the employer and insurer to pay compensation jointly and severally. The Calcutta High Court modified the award, making only the employer liable, who could th

See Full Page