ORIENTAL INSURANCE COMPANY LIMITED Vs. K. KOTRESH

JUDGEMENT

(1.) HEARD the learned counsel for the appellant.

(2.) THE appellant is the Insurance Company seeking to question the award in favour of respondent No. 1, who was said to be engaged as a driver in a lorry that had met with an accident resulting in injuries to respondent No. 1. On a claim for compensation before the Commissioner for Workmen's Compensation, the claim was resisted by the appellant on the ground that there was no relationship of employer and employee as between the owner of the vehicle and the respondent No. 1. It was specifically contended that the liability of the Insurance Company should not exceed the provisions of Section 4 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the W.C. Act', for brevity) and that no interest was payable on such compensation. The claim having been allowed in part directing the Insurance Company to pay compensation of Rs. 1,31,027/ - with interest thereon, the present appeal is filed on the following substantial questions of law -

(3.) HOWEVER , it is noticed that though the Commissioner has overlooked this contention, the fact remains that by operation of law, whereby, the risk in respect of a driver is statutorily covered under Section 147 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the M.V. Act', for brevity), the contention that no additional premium was paid to cover the risk of a driver is not sustainable.