JUDGMENT

S.B. Majmudar, J.-In these three appeals by special leave, a short but ticklish question arises for consideration. It runs as under :

"Where an employee receives a personal injury in a motor accident arising out of and in the course of his employment while working on the motor vehicle of the employer, whether the insurance company, which has insured the employer-owner of the vehicle against third party accident claims under Motor Vehicles Act, 1988 (hereinafter referred to as `the Motor Vehicles Act ) and against claims for compensation arising out of proceedings under the Workmen s Compensation Act, 1923 (hereinafter referred to as `the Compensation Act ) in connection with such motor accidents, is liable to meet the awards of Workmen s Commissioner imposing penalty and interest against the insured employer under Section 4A(3) of the Compensation Act."

The High Court of Himachal Pradesh in the impugned judgments has answered this question in the negative and against the insured employer. For coming to that conclusion reliance is placed by the said High Court on a decision of a Division Bench of Karnataka High Court in the case of Oriental Insurance Co. Ltd. v. Raju and Ors.1