MST KAMALA DEVI Vs. NAVIN KUMAR

JUDGEMENT

(1.) THIS is a reference Compensation Act, 1923, Commissioner. Udaipur. under by Section the W27orkm of en's the Coworkmen's mpensation

(2.) THE relevant facts are these. One Chunilal was driving passenger bus No. R. J. Y. 1397 belonging to Navin Kumar Verma along a public road when it collided with a truck. As a result of this accident Chunilal died. His widow Smt. Kamladevi and other dependants filed the present claim under the Workmen's Compensation Act, 1923, before the Workmen's Compensation Commissioner. Udaipur. Notice was issued to the insurer, namely, the New Great Insurance Company of India Limited as contemplated by Section 96 (1) of the Motor Vehicles Act, 1939. It filed a written statement in which none of the facts mentioned in the claim application was admitted. Navin Kumar filed a written statement admitting all the facts in the claim petition except Clause (ii) regarding relationship of the claimants with the deceased for want of knowledge and Clause (v) regarding the notice of the accident having been served on him by the petitioner.

(3.) BEFORE the learned Workmen's Compensation Commissioner it was contended that the insurer had a right to take only the statutory defences as provided under Section 96 (2) of the Motor Vehicles Act. On the other hand the insurer argued that he had the right to take all possible defences as an ordinary defendant. It was urged that Sections 95 and 96 of the Motor Vehicles Act, 1939, are not applicable to the proceedings under the Workmen's Compensation Act, 1923, unless the employer has become insolvent or has made composition or scheme of arrangement with his creditors or is a company wound up as provided under Section 14 of the Workmen's Compensation Act. The following questions of law have been referred to this Court by the Workmen's Compensation Commissioner :--