NEW INDIA ASSURANCE CO LTD Vs. RANDI LACHAYA

JUDGEMENT

(1.) THIS is an appeal by insurer under Section 30 of the Workmen's Compensation Act (hereinafter referred to as 'the Act. ')

(2.) THERE being delay in preferring the appeal, an application was filed and long after the delay having been condoned, this appeal has come up for admission. Since facts arc admitted by both the parties and question of law is to be decided, I admitted the appeal. Since cause of action is of the year 1987 and workman is deprived of the compensation, with consent of parties the appeal is heard finally as parties agreed that record from the Commissioner would not be necessary.

(3.) CLAIMING to be workman driver of the vehicle ATJ 9457, respondent No. l filed an application claiming compensation under the Act alleging that on May 6, 1987, while driving the vehicle in course of and arising out of employ-menu he met with an accident sustaining injuries. Respondent No. 2 the employer admitted the accident, employment and injuries. It is stated that workman was getting remuneration of Rs. 1000/- per month. It discloses that during the relevant period the insurer appellant has accepted the premium and issued the policy to indemnify the employer and accordingly liability, if any, is to be discharged by the insurer. Insurer disclaimed its liablity on the ground of absence of insurance policy as well as fact of accident.