NEW INDIA ASSURANCE COMPANY LTD Vs. AHMED HUSSAIN

JUDGEMENT

(1.) S. P. Srivastava, J. Heard the learned Counsel for the Insurer-Appellant.

(2.) THE appellant has filed the present appeal under Section 30 of the Workmen's Compensation Act feeling aggrieved by the award of Workmen's Compensation Commissioner determining an amount of Rs. 2,13,060 as compensation to which the dependents of the deceased Shah Nabi alias Guddu were found entitled to on account of his untimely death in an accident involving the motor vehicle, arising out of and in the course of his employment as the cleaner of the offending motor vehicle a Truck bearing registration No. U. P.- 25-G-8123. The offending motor vehicle had been insured by the present appellant covering the risk.

(3.) IT was further observed that in a case where without the knowledge of the insured, if by driver's act or omission others meddle with the vehicle and cause an accident, the Insurer would be liable to indemnify the insured. The Insurer in such a case cannot take the defence of a breach of the condition in the certificate of insurance.