NEW INDIA ASSURANCE COMPANY LTD Vs. LAKSHMI

JUDGEMENT

(1.) The applicants submitted that the (deceased) Suresh, aged about 28 years was working as a Mason under the 1st Opposite Party and he was paid Rs.200/- per day. On 27.04.2007, at about 11.00 a.m., when the deceased was working as Mason at VIT Girls Hostel building, he fell down from the building and sustained injuries and succumbed to it. Hence, the case has been filed against the 1st opposite party and the Insurance Company.

(2.) The 1st Opposite party had filed a counter statement. He had admitted the employment of deceased stating that the deceased was working as a Mason under him and was carrying out cement plastering work on the inner and outer walls of the building and that the accident had been caused while he was doing his duty. The respondent further stated that he was a contractor and taken a policy for seven of his workers with the Insurance Company.

(3.) The 2nd respondent / New India Assurance Company had filed counter statement and resisted the compensation petition. The averments in the claim regarding employment of deceased with 1st opposite party was not admitted. Further, the 1st opposite party had taken policy to extent coverage of insurance for 5 persons only, but as per complaint, it had been mentioned that 30 persons were involved in building construction work. Further, the deceased has been under the influence of alcohol while he was working and as such the policy conditions had been violated and therefore, the Insurance Company not liable to pay compensation. Further, the 2nd respondent had engaged the deceased only occasionally on meagre wages.