( 1 ) AN important question of law arising for decision in this appeal is whether the insurance company with which the offending vehicle is insured is liable to pay additional interest awarded and the penalty imposed by the Commissioner under section 4-A (3) of the Workmen s Compensa tion Act, 1923. To be more specific, the question is whether the word liability mentioned in proviso to section 95 (1) (b) and sub-section 2 (a) of the Motor Vehicles Act is so wide as to include liability for payment of interest in default of payment of compensation and the penalty imposed under section 4a (3) of the Workmen s Compensation Act?

( 2 ) THE petitioner was working as a workman/loader of truck No. DEG 3809, owned by Competent Construction Co. On 21. 5. 1985 when the workman, along with other workmen was proceeding to unload the truck after loading the same with loose earth, the truck overturned and the workman sustained grievous injuries and succumbed to them. There is no dispute that the workman died on account of the accident during the course and arising out of the employment under Competent Construction Co. The widow and the child made an application for compensation under th