CHENNAKESAV REDDY, J.

( 1 ) WHETHER an application under Sec 110-A of the Motor Vehicles act, 1939 (hereinafter referred to as the act ) for compensation is maintainable in respect of death or bodily injury arising out of and in the course of employment of a person employed by the owner of the motor vehicle covered by policy of insurance against third-party risk is the perplexing question that arises in this appeal.

( 2 ) THE facts giving rise to the queation shortly stated are these: on the night of 24th May, 1976 the lorry A. P. A. 6261 met with an accident on the Cuddapah-Madras road. As a result, one Kamparaju Kumara swamy @ Kumar, who was employed as a cleaner of the lorry, received injuries and died in the Cuddapah hospital on the next day. The mother and the minor brother of the deceased Kumar filed an application under Section 110-A of the Act before the Motor Accidents Claims Tribunal cum District judge, Cuddapah claiming compensation of Rs. 15 OOO/ -. The owner of the lorry, New India Assurance Company Limited, Anantapur, and the driver of the lorry were impleaded as respondents 1 to 3 respectively to the petition. The third respondent remained exparte. The petition was r

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