ORIENTAL INSURANCE CO LTD Vs. KALIYAN AND ORS

JUDGEMENT

(1.) The 3rd respondent, insurance company is the appellant.

(2.) Though the policy was not produced before the Tribunal while filing the appeal, the policy is produced along with I.A.No.954/2006 as Annexure A. The policy would show that it is an 'Act' only policy.

(3.) It is argued by the learned counsel for the appellant that in so far as the evidence in the case indicates that the deceased was a coolie waiting for the work and when the lorry belonging to respondent No.6 came with the load of cement, the deceased mounted the lorry as requested by one Jamal for the purpose of unloading cement and when the lorry proceeded further, while negotiating a curve, the deceased fell down and sustained fatal injuries and later succumbed to the injuries.