- (1.)THE appeal is directed against the judgment and order dated June 22, 1987 of the Commissioner for Workmen's Compensation passed in Case No. 1207 Gha/ksha/84 whereby a compensation of Rs. 19,200/has been directed to be paid by the Insurance Company (appellant here ). This appeal has been filed by the Insurance Company disclaiming the responsibility of payment.
(2.)THE brief history of the case is that Motiram was working in a truck No MPN 5666. The same was owned by respondent No. 3 here. Gulabsingh was working in the truck. The truck met with an accident on May 21, 1982. Gulab Singh, who was an employee in the truck, died immediately. He was receiving a pay of Rs. 350/- per month from the owner of the truck. The information about the accident was given by the owner of the truck on June 27, 1982. Thereafter these claimants i. e. respondent Nos. 1 and 2 who are the parents of Gulabsingh, filed an application for payment of compensation. The same was resisted by respondent No. 3 and the Insurance Company.
(3.)THE contention of the learned Counsel for Insurance Company before the Commissioner was that there was no privity of contract between respondent No. 3 Sardulsingh and the Insurance Company, The Insurance of the employee was done on May 21, 1982 at about 11. 15 a. m. while the accident occurred prior to it i. e. about 6. 00 a. m. and, therefore, they are not liable to make good the loss or pay the compensation. The owner Sardulsingh did not appear before the Commissioner and remained ex-parte. However, the claimants in the case pleaded that the responsibility of payment of compensation lies on the Insurance Company as the policy would be deemed to be effective from the mid night of 20th and 21st of May, 1982.