( 1 ) : as substantially same issue has been raised in these petitions by the counsel for the petitioners and as such these petitions are being disposed of by this common judgment. Special Civil Application No. 3624 of 1983.

( 2 ) THE respondents nos. 1 and 2, herein are the sons of late Jatubha Chakubha Rana who was serving with the respondents nos. 3 to 5 as helper for distribution of L. P. Gas Cylinders at their godown at Surendranagar. The respondents nos. 3 to 5 are the distributors of the Indane Gas at Surendranagar. On 16. 12. 1981, late Jathubha was on duty at the godown of the respondents nos. 3 to 5. Some unknown persons who may have come to commit theft of LP Gas Cylinders have been challenged by the deceased. Those persons have inflicted injury to the deceased father of the respondents nos. 1 and 2, which resulted in his death. Those persons had also committed theft of eight LP Gas cylinders. As the death of the father of the respondents nos. 1 and 2 had been in accident arisen out of and in course of employment as workman with the respondents nos. 3 to 5, the respondents nos. 1 and 2 have filed an application for compensation of Rs. 30,000. 00 in the court of Civil Judge (SD) and Ex Officio Commissioner for Workmens Compensation, Surendranagar. In the claim application, the petitioner was originally not impleaded as party. The respondents nos. 3 to 5 have taken the defence that the petitioner is liable to pay amount of compensation claimed by the respondents nos. 1 and 2 in the case. on this plea of these respondents the Court summoned the petitioner in the proceedings and the petitioner filed its reply at Exhibit No. 21. The defences taken by the petitioner in its reply in the proceedings are as follows, (I) the deceased was not the workman of the respondents nos. 3 to 5; (II) the death of the father of the claimants was not caused in an accident arising out of and in course employment as workman the respondents nos. 3 to 5; (III) as per the terms of the insurance policy, the coverage was given to two clerical employees and eight employees engaged in the distribution of LP Gas cylinders and deceased was not covered under the said policy because he was a watchman and therefore, the company is not liable to pay any compensation for his death. The learned court below framed many issues in the case but it appears that the petitioner did not press for framing of any issue on the pleas taken by it in its reply. The learned court below under its award dated 14. 12. 1982 awarded Rs. 18,000. 00 as a compensation to the respondents nos. 1 and 2 with interest thereon @ 6 % p. a. from 17. 12. 81 till the date of realisation of the amount, and Rs. 150. 00 as costs of the application. It has further been ordered that if this amount of compensation costs and interest is realised from the opponents, it shall have a right of being reimbursed to this extent by the Oriental Fire and General Insurance Co. Ltd. with which the employees of the opponents were insured. The claim application of the respondents nos. 1 and 2 has been decided by the court on 14. 12. 1982. The petitioner filed this writ petition before this court on 15. 3. 1983. In this petition, the order has also been challenged of the court dated 14. 10. 1983 under which the Collector was directed to realise this amount from the Insurance Company. Special Civil Application No. 4047 of 1983.

( 3 ) THE case of the respondent no. 1, who was the applicant before the Civil Judge (SD) and Ex Officio Commissioner for Workmens Compensation, Amreli, was that he was serving in Kishor Oil Mills, Amreli on daily wages. The respondent no. 2 herein is the owner of the said Mill. On 18. 8. 1982 when he was working in the Mill of the respondent no. 2 at night his left leg got into groundnut seeds expeller and thereby he received injuries on his left ankle and there was a fracture and bone had come out. As the respondent no. 1 sustained these injuries in an accident arisi