NEW INDIA ASSURANCE CO LTD Vs. PRAKASH

JUDGEMENT

(1.) RESPONDENT No. 1 injured while travelling in Ambassador car bearing registration No. KA 09-M 717 belonging to the respondent No. 2 met with an accident on 29. 9. 1998 and suffered the loss of vision of one eye. The injured states that he is the employee of respondent No. 2 herein and was travelling in car belonging to respondent No. 2 to go to workplace. Therefore, the accident occurred in the course of and out of employment as such made a claim for compensation against the owner and the insurer of the car. The workmen's Compensation Commissioner awarded compensation of Rs. 1,06,257 and directed the insurer to pay the amount. Aggrieved by the said award, the insurer is in appeal.

(2.) THE following substantial question of law arises for consideration:

(3.) THE relevant provisions of section 147 (1) of the Motor Vehicles Act are being extracted hereunder for convenient reference: