IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD TUESDAY, THE ELEVENTH DAY OF OCTOBER, TWO THOUSAND AND ELEVEN PRESENT:: HON’BLE SRI JUSTICE G.V.SEETHAPATHY C.M.A.No.345 OF 2008 Between: The New India Assurance Company Limited, Rep. by its Regional Manager, S.P. Road, Secunderabad …Appellant A n d Dalai Bhaskar and three others …Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY C.M.A.No.345 OF 2008 ORDER: This appeal is directed against the order dated 30.11.1999 in W.C.No.1164 of 1997, on the file of the Commissioner for Workmen’s Compensation, Nalgonda, wherein the said claim application filed by respondents 1 to 3 was allowed, awarding compensation of Rs.2,24,000/-. 2. Heard the learned counsel for the appellant. None appeared for the respondents. Perused the record. 3. The only ground urged by the learned counsel for the appellant is that the learned Commissioner erred in ignoring the limitation on the coverage stipulated in the policy wherein it is stated that the coverage in respect of coolies is only at the rate of Rs.45/- per day. The finding of the learned Commissioner that the deceased was a workman, employed by the 4th respondent herein as a coolie, and he died in the course of such employment on account of the accident, is not disputed. The quantum of compensation estimated by the learned Commissioner in a sum of Rs.2,24,000/- by taking the income of the deceased at Rs.2,000/- per month and applying the same to the multiplying factor of ‘224’ is also not disputed. The impugned order shows that copy of the policy was not produced before the learned Commissioner. As per copy of the said policy, which is placed on record, coverage is for ten coolies at the rate of Rs.45/- per day and for 365 days it comes to Rs.1,64,250/-. The obligation of the appellant/insurer to indemnify the insured being contractual in nature and the policy which is the document evidencing such contract restricts the coverage to the extent of Rs.1,64,250/-, the appellant/insurer cannot be fastened with any liability over and above what is stipulated in the policy. 4. In the circumstances, the liability of the appellant/insurer is limited to Rs.1,64,250/- as stipulated in the policy. The applicants are entitled to recover the balance amount from the 4th respondent employer. The appellant/insurer is entitled for refund of the balance amount lying in deposit. If no such amount is available in deposit owing to withdrawal, if any, of the same by the applicants, the appellant/insurer is at liberty to recover the same from the 4th respondent/employer, but not against the applicants. 5. The civil miscellaneous appeal is disposed of accordingly. There shall be no order as to costs. ________________________ G.V.SEETHAPATHY, J 11th October, 2011 Lrkm