PRABHA SRIDEVAN
New India Assurance Company Limited, Nagercoil, Kanyakumari District – Appellant
Versus
Rajamani – Respondent
The Insurance company has challenged the award passed by the Commissioner for Workmen's Compensation, Tirunelveli on the ground that it has no liability to indemnify the insured, for the accident to 1st respondent.
2. The 1st respondent was engaged as a loadman to transfer crushed stones into the lorry belonging to the 3rd respondent from the crusher unit belonging to the 4th respondent. The lorry was driven by the 2nd respondent and insured by the appellant. At the time of loading the crushed stones, a wall standing in the quarry fell down resulting in an injury to the 1st respondent's right leg and so, a claim was filed and an award of Rs.54,191 was passed. Aggrieved by this, the Insurance Company has filed the appeal.
3. The following questions were raised by the learned counsel for the appellant at the time of arguments.
“(1) Whether the Insurance company is liable when the policy does not cover injuries under the Workmen's Compensation Act
(2) Whether the Insurance Company is liable under the Motor Vehicles Act, when the lorry was nowhere near the spot where the accident occurred
(3) Whether the injury caused by the wall toppling down would be an accident arising out of th
Shivaji Dayanu Patil v. Vatschala Uttam More (1991) 3 S.C.C. 530
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