driver of One Hydrolic excavator died due to overturn of the said excavator, Claim filed before MACT but the calim petition is rejected on the ground that Hydrolic Excavatot is not a vehicle which is covered under MV act. Now want to file claim under workmen’s comessantion act. In the Insurance policy it has mentioned – IMT. 28. LEGAL LIABILITY TO PAID DRIVER AND/OR CONDUCTOR AND/OR CLEANER EMPLOYED IN CONNECTION WITH THE OPERATION OF INSURED VEHICLE (For all Classes of vehicles) In consideration of an additional premium of ` 25/-notwithstanding anything to the contrary contained in the policy it is hereby understood and agreed that the insurer shall indemnify the insured against the insured's legal liability under the Workmen's Compensation Act, 1923 , the Fatal Accidents Act, 1855 or at Common Law and subsequent amendments of these Acts prior to the date of this Endorsement in respect of personal injury to any paid driver and/or conductor and/or cleaner whilst engaged in the service of the insured in such occupation in connection with the vehicle insured herein and will in addition be responsible for all costs and expenses incurred with its written consent. Provided always that 1. This Endorsement does not indemnify the insured in respect of any liability in cases where the insured holds or subsequently effects with any insurer or group of insurers a Policy of Insurance in respect of liability as herein defined for insured's general employees; 2. The insured shall take reasonable precautions to prevent accidents and shall comply with all statutory obligations; *3. The insured shall keep record of the name of each paid driver conductor cleaner or persons employed in loading and/or unloading and the amount of wages and salaries and other earnings paid to such employees and shall at all times allow the insurer to inspect such records on demand. 4. In the event of the Policy being cancelled at the request of the insured no refund of the premium paid in respect of this Endorsement will be allowed. Subject otherwise to the terms conditions limitations and exceptions of the Policy except so far as necessary to meet the requirements of the Motor Vehicles Act, 1988. *In case of Private cars/ motorised two wheelers (not used for hire or reward) delete this para. KINDLY GUIDE ME HOW / PROCEDURE OF FILLING CLAIM UNDER WC ACT, THANKS
