An insurance company can be directed to pay the compensation awarded to a workman under the provisions of the Workmens Compensation Act, 1923.

JUDGEMENT :- These cases have raised a question of general importance which is related to granting of compensation under the provisions of the Workmens Compensation Act, 1923, hereinafter the Workmens Act. The question is whether an insurance company can be directed to pay the compensation awarded to a workman.

2. The facts which need be noted are these. Deceased Tarini was employed as handyman-cum-cleaner of truck No. ASU 3181 which was owned by the respondent/opposite party No. 2 Shri Ghewar Chand Jain who had insured his vehicle with the appellant as required by the provisions of the Motor Vehicles Act, 1939, hereinafter the MV Act. The workman had sustained injuries in an accident arising out of, and in the course of, his employment. The accident had taken place on 14-3-78 and the workman succumbed to his injuries on 21-3-78. The Commissioner appointed under the provisions of the Workmens Act was approached by the widow of the deceased claiming a sum of Rs. 18,000/- as compensation as the monthly salary of the deceased was Rs. 250/-. The Commissioner on being satisfied that the accident had been caused in the course of employment of deceased Tarini, and finding that the amount claimed was as provided in Schedule-IV of the Workmens Act, ordered both the owner and the insurer, who were arrayed as parties before the Commissioner, to pay a sum of Rs. 18,000/-. Feeling aggrieved, the insurer has preferred this appeal. A revision petition has also been filed as a measure of abundant caution. Both the appeal and the revision having raised common question of law were heard together and are being disposed of by this common judgement.

3. The facts of the case are not in dispute. It has also been admitted by the appellant that the policy taken out by the owner of the vehicle was valid at all relevant time. The only question agitated by Shri Bhattacharyya, learned counsel for the appellant/petitioner, is relatable to that part of the order of the learned Commissioner by which he asked the insurer also to make payment. The contention of the learned counsel is that such order could not have been passed within the four corners of the Workmens Act. The rival submission of Shri Das is that an insurer is also liable to pay compensation under the Workmens Act, if attention is paid to certain provisions of the MV Act.

4. Shri Bhattacharyya has urged that the Workmens Act is a self-contained Code and its provisions alone are required to be borne in mind while deciding the question of quantum of compensation as well as the liability of the persons to pay compensation. As the approach in this case was to the Commissioner appointed under the provisions of the Workmens Act, it is urged by Shri Bhattacharyya that the provisions of the MV Act would not apply. If attention were to be confined to the provisions of the Workmens Act, it is submitted that the appellant could have been made liable only under S.14 of the Act, which has no application in the case at hand.

5. To appreciate these contentions of Shri Bhattacharyya, let the relevant provisions of the Workmens Act be noted. Before this is done, it may be pointed out that this Act was enacted to "provide for the payment by certain classes of employers to their workmen of compensation for injuries by accident".

(Emphasis supplied). The relevant provisions are :

"Section 2. Definitions - (1) In this Act, unless there is anything repugnant in the subject or context-

(a) *** *** *** ***

(b) "commissioner" means a Commissioner for Workmens Compensation appointed under Section 20;

(c) "compensation" means compensation as provided for by this Act;

(d) *** *** *** ***

(e) "employer" includes any body of persons whether incorporated or not and any managing agent of an employer and the legal representative of a deceased employer, and when the services of a workman are temporarily lent or let on hire to another person by the person with whom the workman has entered into a contract of service or apprentice