Law:

Section:

Workmen's Compensation Act (VIII of 1923)-- ---Ss. 10 & 30--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 10-B (4) & (5)-­Insurance amount--Liability--Injured workman duly insured under group Insurance Scheme--Liability devolves upon Insurance Company and not upon employer--Forum for claim against Insurance Company, is neither Commissioner nor Labour Court--Petition before Commissioner not competent. Naeem Sultan Butt for Appellant. Respondent in Person. Date of hearing: 22nd December, 1985. JUDGMENT This is an appeal lodged under section 30 of the Workmen's Compensation Act against the order, dated 10-8-1985 passed by the learned Commissioner for Workmen's Compensation, Sargodha, directing the appellant to deposit Rs.21,000 as the amount of group insurance for payment to the respondent. The respondent in an accident suffered injuries on his right shoulder joint, right malar bone and right upper and lower eye-lids. The doctor assessed in percentage at 50, 35 and 15 respectively to the abovementioned injuries totally 100%. 2. An objection was raised in the written statement by the appellant that since the respondent had been insured under the group insurance scheme, only the insurance company was liable, but the learned Commissioner did not advert to it and held that as the Insurance Company had assessed the percentage of the loss of earning capacity at 30 per cent and there was no relationship of employer and employee between the said insurance company and the respondent, and said company was not liable and the appellant was liable. The learned Commissioner has not considered Standing Order 10-B (4) of Standing Orders Ordinance, 1968 which makes the employer liable only if he fails to get the employee insured under Standing Order 10-B. For ready reference Standing Order 10-B (4) is reproduced as under: - "Where the employer fails to have a permanent workman employed by him insured in the manner laid…

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