LAWS(MPH)-2009-3-97

NATIONAL INSURANCE CO.LTD. Vs. RUNIYA BAI

Decided On March 05, 2009
NATIONAL INSURANCE CO.LTD. Appellant
V/S
Runiya Bai Respondents

JUDGEMENT

(1.) THIS appeal was admitted on 4.8.2000 without specifying the substantial question of law involved in the appeal.

(2.) THIS appeal is heard for being adjudicated on the following substantial question of law :

(3.) SHORT facts involved herein are that Indian Railway Construction Company Ltd. undertakes contracts of electrification which, obviously, involves requisite construction, etc. Work is executed through contractor. Respondent No.5 was such contractor. Lalla Baiga s/o applicant- respondent No. 1 was engaged by respondents No.2 to 4 through contractor (respondent No.5) as a watchman. He died during course of employment on 16.2.1993. Applicant submitted an application under section 10 of the Workman's Compensation Act with the aforesaid allegations. It was stated that his monthly salary was Rs.750/- per month. Compensation to the tune of Rs.67,914/- with penalty and interest was claimed. Appellant submitted its reply with specific plea that the insurance policy issued by it in favour of respondents No.2 to 4 did not cover the claim of workman.