Judgment

S.B. Sinha, J.—Leave granted.

2. Whether an insurer, while defending an action initiated under the Workmen’s Compensation Act, 1923, (for short, ‘1923 Act’) is precluded from raising any defence as envisaged in under sub-section (2) of Section 149 of the Motor Vehicles Act, 1988, (for short, ‘the 1988 Act’) is the question involved in these appeals.

3. We will notice the fact of the matter from the Civil Appeal arising out of Special Leave Petition (Civil) No. 26615 of 2004.

4. A lorry bearing registration No. KA 34-545 was insured with the Appellant company. The First Respondent herein was a cleaner and the Second Respondent was an owner of the said lorry. The said lorry was involved in an accident resulting in sufferance of injuries by the First Respondent which led to his disability to the extent of 45 to 50 . He initiated a proceeding under the 1923 Act. The Commissioner for Workmen’s Compensation, Davangere, by an order dated 30.04.1997 awarded a sum of Rs. 2,70,264/- by way of compensation and interest of Rs. 33,230/- to the workman payable by the Appellant herein.

5. Aggrieved by and dissatisfied therewith the Appellant preferred an appeal before the High Court under Sec