( 1 ) THE appeal under the erstwhile provisions of Section 110 D of the Motor Vehicles Act, 1939 seeks to challenge liability of the insurance company only on the ground that the injured claimant, a victim of motor accident, was a labourer and the appellant insurance company had not undertaken to indemnify the insured against legal liability arising out of injury to labourers employed by the insured. The judgment and award under challenge is dated 25th September 1986 of MACT (Main) Vadodara in MACP No. 173 of 1984, and the accident has happened on 13-3-1982 when the claimant, travelling with the tractor of the insured as a labourer, had sustained crush injuries on his leg, practically disabling him from working as a labourer.

( 2 ) LEARNED counsel, Mr. V. P. Nanavati appearing for the appellant vehemently reiterated the contention that even as additional premium was paid with endorsement as per IMT 16, 23 and 37, the liability in respect of injury to the labourer was not covered by the policy and, therefore, the appellant could be held responsible only to the extent of liability arising under the provisions of Workmen's Compensation Act, 1923 as a part of compulsory insurance. That

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