ORIENTAL INSURANCE COMPANY Vs. SULOCHANA

JUDGEMENT

(1.) THOUGH this appeal has been listed from defect side as there is a delay in filing the appeal, learned Counsel for the appellant has been heard so far as the merits of the appeal are concerned.

(2.) LEARNED Counsel for the appellant has contended that as per the insurance policy, the premium had been taken only in respect of the driver whereas the deceased was a helper and, therefore, the insurance company was not bound to reimburse the employer and pay the compensation to the claimants.

(3.) IN that view of the matter when the Insurance Company has not specified or limited the liability under the policy with regard to the liability for workmen compensation only in the case of the driver of vehicle, the Insurance Company cannot take the plea that helper who was a workman and employed by the employer insured is not covered by the terms of the policy.