Certain conditions in policy
to be void.
Conditions
under which liability for payment
by Maurer or surety arides.
20
men, shall remain in force in relation to the other workmen notwithstanding such enforcement.
348. Any condition in a policy of insurance issued for the purposes of this Part providing that no liability shall arise under the policy, or that any liability so arising shall cease, in the event of some specified thing being done or omitted to be done after the happening of the accident giving rise to a claim under the policy, shall be of no effect upon the claim made by a workman under section 34H:
Provided that nothing in this section shall be taken to render void any provision in a policy requir- ing the insured employer to repay to the insurer any sums which the latter may have paid under the policy in satisfaction of any such claim.
346. (1) Where in relation to a workman there is in force a policy of insurance or a bond for the purposes of this Part and the employer of the work- man becomes liable to pay compensation or damages to the workman, then notwithstanding anything to the contrary in the policy of insurance or bond, the insurer or surety shall pay the compensation agreed upon or the corupensation or damages adjudged by the Court to be paid, including any sum payable in respect of
Costs.
(2) No sum shall be payable by an insurer or surety under this section
(a) unless, in the case of compensation agreed upon between the employer and a workman. such insurer or surety has consented to pay the sum agreed upon as compensation to the workman;
(b) unless, in the case of compensation or damages adjudged by the Court to be paid to a workman, the insurer or surety had sufficient notice of the application to the Court to determine compensation or of the institution of the proceedings for damages. as the case may be, to enable him to apply to be added as a co-defendant:
(c) in respect of any judgment to pay compen- sation or damages, while execution thereon is stayed by the Court or pending appeal; or
Eight of injured
party to proceed apoiosl insurer.
Authorized insurance companies to furnish
21
(d) in respect of a policy of insurance, if before the happening of the accident which was the cause of the injury giving rise to the liability, the policy was cancelled by mutual consent or by virtue of any provision con- tained therein.
(3) If sufficient notice of an application to the Court to determine compensation or of the institution of proceedings for damages is given to an insurer or surety to enable him to apply to the Court to be added as a co-defendant, the Court shall, on such applica- tion being made, add the insurer or surety as a co- defendant and he shall have the same right to defend the proceedings as if he were the employer.
(4) Where any sum is paid by the insurer or surety which would, were it not for the provisions of this section, not be payable under the policy of insur- ance or the bond, as the case may be, such sum shall be recoverable by the insurer or surety from the employer.
34H. Every policy of insurance issued for the purposes of this Part shall be deemed to provide that any workman having a claim against the person insured in respect of the liability in regard to which such policy was issued shall be entitled to recover in bis own name, as though he were a party to the policy. directly from the insurer any amount which he would have been entitled to recover from the person insured,
341 (1) An authorized insurer shall collect, compile and maintain in the prescribed form in respect of all employers insured by him for the information, purposes of this Part statistics and information relat-
ing 10-
(a) the occurrence and cause of accidents and
occupational diseases;
(b) any settlement of claims for compensation
arrived at by agreement;
(c) any claims for compensation determined by
the Court:
(d) the amount of any premium or charge demanded from or paid by employers in respect of the insurance of workmen: (e) the ratio of expenses to benefits: