National Insurance Co. Ltd. vs V. Prabhu Das And Anr. on 23 August, 2004
(e). As the first respondent has suffered an injury during the course of employment, he has rightly approached the Commissioner. The concept of Insurance is to indemnify the insured or the beneficiaries of the policy against the claims. Technicalities cannot be invoked to defeat the claim of the Workmen. As rightly held by the Commissioner, the judgment in 2005 ACJ 409 [NATIONAL INSURANCE CO. LTD., vs. V.PRABHU DAS AND ANOTHER] relied upon by the appellant is not applicable to the present case as the claim therein was above the amount covered under the Policy. The award is below the maximum cap.