( 1 ) ONE Ashok Mudukappa Bhandari is the deceased. The wife and children are the petitioners. The deceased is a spare driver of the truck. The claims Tribunal awarded compensation of rs. 2,69,000 to the petitioners and directed the insurer to pay the compensation. The insurer is in appeal.

( 2 ) SECTION 147 proviso (1) (a) reads thus:"147. Requirements of policies and limits of liability.- (1) In order to comply with the requirements of this chapter, a policy of insurance must be a policy which- xxx xxx xxx provided that a policy shall not be required- (i) to cover liability in respect of the death, arising out of and in the course of his employment, of the employee of a person insured by the policy or in respect of bodily injury sustained by such an employee arising out of and in the course of his employment other than a liability arising under the Workmen's compensation Act, 1923 (8 of 1923), in respect of the death of, or bodily injury to, any such employee- (a) engaged in driving the vehicle, or" (Emphasis by me)

( 3 ) THE counsel for the insurer argued that the words 'engaged in driving' the vehicle would mean the driver on the steering and not a spare driv