Koshy, J.

This appeal is filed under Sec. 30 of the workmen's Compensation Act, 1923. A workman employed by the fifth respondent while riding a scooter, owned by the fifth respondent, died in an accident during the course of employment. It has come out in evidence that when the accident arose he was discharging his duties. The appellant insurance company was the insurer of the scooter. The contention raised by the insurance company is that in the absence of workmen compensation policy, the liability on the insurance company under the Workmen's Compensation Act can be fastened only under first proviso to Sec. 147(1) of the Motor Vehicles Act. First proviso to Sec. 147(1) reads as follows :

"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 vehi