THOTTATHIL B. RADHAKRISHNAN, J.

( 1 ) IS an insurer, who had issued a policy of insurance governed by Section 147 (1) of the motor Vehicles Act, 1988, hereinafter referred to as the "m. V. Act", liable to satisfy an award made under the Workmen's compensation Act, 1923, for short, the W. C. Act", granting compensation to a workman for injuries sustained while driving a motor vehicle, though he was not employee, specifically, as a driver/ This is the short issue, a substantial question of law, that arises for decision in this appeal by the insurer.

( 2 ) THE claim before the Commissioner, was on the ground that the applicant was employed by his brother, the first opposite party in his business of selling fish and in the course of such employment, the applicant was injured while riding the motorcycle to pariyaram from Chalakudy for selling fish.

( 3 ) THE second opposite party, the insurer contested. The Commissioner framed issues, including as to whether the applicant was a workman as defined in the W. C. Act and whether there was an employer-employee relationship between the applicant and first opposite party and whether the accident arose out of and in the course of employment

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