JUDGMENT

Ruma Pal, J.-Leave granted.

2. The appellant is the owner of a vehicle, described as a "trekker", in which passengers are carried for hire. He employed Shashi Bhushan Singh as a "khalasi" of the vehicle. On 21.10.1998 the vehicle met with an accident as a result of which Shashi Bhushan Singh died. The legal heirs of the deceased employee filed a claim in the Workmen s Compensation Court against the appellant, as the owner of the vehicle, and against the respondent insurance company. The Workmen s Compensation Court held that the vehicle had been comprehensively insured with the respondent and that since the accident had occurred during the period of insurance, the insurance company was liable to pay the compensation on account of the death of the employee. The respondent was, therefore, directed to deposit the compensation determined under the provisions of The Workmen s Compensation Act, 1923.

3. The decision was challenged by the respondent before the High Court at Patna under Article 226. The High Court allowed the writ petition . It held that in the absence of any special contract between the appellant and the respondent, the rights of the parties were governed by statute