NATIONAL INSURANCE CO. LTD. Vs. CHACKO AND ORS.

JUDGEMENT

(1.) Both these appeals are filed by the insurance companies arrayed as parties before the Workmen's Compensation Commissioners in two cases. M.F.A. No. 85/2009 is against the order in WCC No. 32/2004 of the Commissioner for Workmen's Compensation, Ernakulam and MFA No. 219/2010 is filed against the order in WCC No. 26/2007 on the file of the Commissioner for Workmen's Compensation, Palakkad.

(2.) We heard learned counsel for the appellants Shri Lal George and Shri E.M. Joseph and Shri T.C. Suresh Menon and Shri V.V. Nandagopal Nambiar appearing for the respondents.

(3.) The substantial question of law raised and argued in these appeals is as to whether the Commissioner for Workmen's Compensation can permit the insurance company to recover the amount ordered to be paid, indemnifying the insured for the alleged violation of the conditions in the policy by invoking Section 149(4) of the Motor Vehicles Act.