N. VENKATACHALA, J.

( 1 ) WHETHER this appeal of the insurer filed under Section 30 (1) of the Workmen's compensation Act, 1923 (for short 'the WC Act') against an award made by the commissioner for Workmen's Compensation, by which it is made liable to pay compensation for death or bodily injury of a person on the basis of Certificate of Insurance issued under sub-section (3) of Section 147 in Chapter XI of the Motor vehicles Act, 1988 (for short 'the MV Act'), is maintainable if it is not founded on a ground by which an insurer was entitled to defend under sub-section (2) of Section 149 of the MV Act an action for compensation, being an important question arising for our consideration in deciding this appeal, we shall proceed to consider the same.

( 2 ) APPELLANT-INSURER had issued the 'certificate of Insurance' under sub-section (3) of Section 147 of the MV Act in favour of the second respondent-insured, the employer, covering his liability under the WC Act for death or bodily injury of his workman, the first respondent, who was the driver of a matador van bearing registration no, CTU 3000, a motor vehicle. That motor vehicle when was being driven on the National High Way No. 4 o

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