1. - Heard learned counsel for the parties.

2. By the impugned order dated 30.9.1997, the Workmen Compensation Commissioner held that the appellant Insurance Company is liable to pay the compensation of Rs. 1,09,189/- on account of death of Kameshwar Ray, as a result of the accident, which happened while the non-applicant M/s. Satnam Construction Company Fabrication Unit was doing the work for RAPP at Rawatbhata, District Chittorgarh.

3. Learned counsel for the appellant - Insurance Company submits that as per Insurance Policy Ex.D-I 1, an All Risk Policy was, covering Installation and Alignment of 4 Nos. of Steam Generations, their supporting structures and other associated works required before commissioning for RAPP-3 (As per Contract copy attached) and, therefore, the risk of the labour, who died in the said accident, was not covered by the said Insurance Policy.

4. Upon perusal of the impugned order and the insurance policy Ex.D-11 in question, this Court finds that in the said erection, all risk policy, there are the words in As per Contract Copy Attached", the said contract copy is Ex.D-12 produced by the Insurance Company itself before the Tribunal below. Para 9 of the said contract reads as under:

9. CONTRACTOR ALL RISK POLICY

You shall be responsible for any damage (s) caused to the Corporation's material or to the material of the third party by you, your agents/employees, your material or corporation's material under your charge falling on other material or due to any act of negligence. You shall take a Contractor's All Risk Insurance Policy of Rs. 24,47,600/-(Rs. Twenty four lakhs, forty seven thousands & six hundred only) at your own cost wherein the corporation shall be named as "Co-assured'. This insurance policy shall cover any loss, damage or destruction of corporations work, structure', plant and machineries, persons, property etc. Including third party risk. The insurance policy shall be kept alive for the entire period till the work is completed under this contract. The insurance policy shall include the "Corporation" as beneficiary. This insurance policy shall be submitted immediately on the commencement of work. For Unit-4 work separate CAR Policy will be required.

5. The said part of the contract in para 9, clearly covers any loss or damage relating to persons also. This leaves no manner of doubt that the insurance policy in question, covered the risk of any person working under such contract. This is not in dispute that the said workman was working with the said contractor non-applicant No. 2 M/s. Satnam Construction Co. Fabrication Unit on the date of the incident i.e., 31.10.1995 at about 11:40 A.M., when the said deceased person Kameshwar Ray, while "working at the said premises, fell down from the roof top and suffered the injuries and he died as a result of the same.

6. In view of this, there is no force in the present appeal of the Insurance Company and the same is liable to be dismissed and the same is accordingly dismissed. No order as to costs.Appeal dismissed.

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