NATIONAL INSURANCE CO. LTD. Vs. SHEEBA

JUDGEMENT

(1.) These two appeals have been filed by the National Insurance Company Ltd. ((hereinafter referred to as 'the Company' for short), impugning the Awards of the Industrial Tribunal and Employees Compensation Commissioner ('Compensation Commissioner' for brevity) in two different cases as per which, the claimants therein have been awarded certain sums under the provisions of the Employees Compensation Act, 1923 ((hereinafter referred to as 'the Act' for short).

(2.) I am considering these appeals jointly, not because they are factually connected, but because the legal issues impelled therein are analogous, if not identical.

(3.) The appellant-Company submits that they have filed these appeals without contesting the factual factors and circumstances involved, but solely on the ground that even if they are conceded, no liability would have been mulcted on them on the basis of the Motor Vehicle Insurance Policies, obtained by the respective owners of the vehicles involved, under the provisions of Section 147 of the Motor Vehicles Act. They say that even if the accidents are admitted and even if the relationship between the claimants and the owners of the vehicle are taken for granted, the liability under the Employees Compensation Act could not have been mulcted upon the insurer, since they are not obligated, under Section 147 of the Motor Vehicles Act, to pay any amounts to any person other than the drivers of the vehicles. They assert that even going by the impugned judgments, the victims have not been found to be drivers of the vehicles at the time of accident but only 'helpers'. The appellant, thus prays that the impugned Awards be set aside to the extent to which it directs the appellant, being the insurer, to pay the amounts found against the employer.