- (1.) The victim was a 'construction labour' engaged by G.M. Bijlani. While on duty he met with an accident and died. Since, such accident was covered by Insurance Policy taken by G.M. Bijlani from New India Assurance Co. Ltd., the appellant above named, a claim case was filed by the claimants before the Tribunal. The Insurance Company contested the claim case by filing written statement. In paragraph 9 of the written statement it was stated as follows:- "9. That it is specifically denied that the risk of the labourers of the O.P./companies were duly covered by this answering Insurer on the alleged date of accident. The claimant must produce and prove the Insurance Policy, failing which it shall be presumed that this O.P. is not the Insurer of the O.P. No. 1 and 2 on the alleged date of accident and is not liable to pay any compensation as claimed ."
(2.) The Tribunal, upon considering the documentary evidence on record and considering the oral evidence adduced before it, came to conclusion that the subject accident was covered by the policy of insurance, hence granted compensation to the victim's family, being the claimants therein. The Tribunal observed:- "it is also proved by the Ext. D that the life risk of the workers of the O.P. No. 4 G.M. Bijlani Construction Pvt. Ltd. was insured with the O.P. No. 3 New India Assurance Company Ltd. during the period when the accident took place".
(3.) Being aggrieved, the New India Assurance Company has now come up in appeal before us.;