NATIONAL INSURANCE CO LTD Vs. J KRISHNA SAPALYA

JUDGEMENT

(1.) ALL these writ petitions are against the awards passed by the commissioner for workmen's compensation.

(2.) THE contesting respondents in these writ petitions raised a contention that as against the award passed by the commissioner for workmen's compensation, no writ petition is maintainable under articles 226 and 227 of the Constitution of India as there is an alternative remedy of appeal provided under the workmen's compensation Act, 1923 and also on the ground that there is no remedy of appeal available to the insurance company on the defences other than those available under Section 149 (2) of the Motor Vehicles Act, 1988.

(3.) LEARNED counsel appearing for the insurance company by placing reliance on the decision of this court in the case of new India assurance company limited, davangere v raja naika and another1, has submitted that as against an award passed under the workmen's compensation act the insurance company cannot maintain an appeal under Section 30 (1) of the workmen's compensation act if the case is not 1. 1992 (2) kar. L. j. 672 :1992 ACJ 521 (kar.) : ILR 1992 kar. 1325 founded on the ground on which the insurer was entitled to defend under Section 149 (2) of the Motor Vehicles Act and therefore, since the insurance company is left with no remedy of appeal can maintain a writ petition under articles 226 and 227 of the Constitution of india. It is further submitted that the power conferred on the high court under articles 226 and 227 of the Constitution of India is a supervisory jurisdiction and that power cannot be limited by any statute and therefore, the impugned orders are amenable to judicial review under articles 226 and 227 of the Constitution of india.