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1986 Supreme(Ker) 329

T.KOCHU THOMMEN, BALAKRISHNA MENON, BALAKRISHNAN
NATIONAL INSURANCE CO. LTD. – Appellant
Versus
CHANDU – Respondent


Judgment :-

1. This is an appeal by the Insurance Company from the order of the Commissioner under the Workmen's Compensation Act, 1923 holding the principal employer (the'insured') and the insurer jointly and severally liable to compensate the legal representatives of the deceased workman in the sum of Rs. 18,000/-. The principal employer has not challenged the order of the Commissioner.

2. The deceased was an employee of the contractor engaged by the principal employer. On 31-1-1976, while removing the shutter of the newly constructed bleaching plant of the principal employer, the employee fell down and died.

3. The only dispute which survives in this appeal is as regards the contention of the insurer (the appellant) that the deceased was not employed in work connected with the business and occupation of the insured so as to attract the policy covering the insured's liability to a workman in the employment of the contractor.

4. The policy dated 18-4-1975 issued by the insurer for the period from 1-4-1975 to 1-4-1976 contains the following term:

"It is hereby understood and agreed that the indemnity granted is extended to cover the legal liability of the Insured to workmen in the empl












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