A. N. SURTI, J. B. MEHTA, J.

( 1 ) THE insurance company in the present petition challenges the order of the authority under the Workmens Compensation Act determining compensation amount of Rs. 9800. 00 as payable to respondent No. 1 the driver and making that amount payable both by respondent No. 2 the owner of the motor vehicle in question as well as by the petitioner insurance company. Mr. Shah rightly did not challenge the relevant findings of fact which could never be characterised as perverse. The drivers pay was Rs. 1251. 00 per month and the accident which took place on October 26 1965 was found to have arisen out of and in the course of his employment. WI. S4311 also did not challenge the compensation amount which was fixed on the basis of the workmans injury in question. The only point which Mr. Shah raised was that an insurance company could never be made liable to pay any compensation and the Commissioner under the Workmens Compensation Act had no jurisdiction to pass such order against the insurance company.

( 2 ) THIS important question which is raised by Mr. Shah can only be resolved by considering the scheme of the Workmens Compensation Act 1923 hereinafter referred

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