An employee 'engaged in driving the vehicle' is entitled to coverage of the insurance policy under proviso (i) to Section 147 of the Motor Vehicles Act, 1988, irrespective of whether he was employed as a driver or not, provided the accident arose out of and in the course of his employment and the other requirements of the Workmen's Compensation Act are satisfied.

Antony Dominic, J. :

” These are appeals filed by the United India Insurance Company Limited and the Oriental Insurance Company Limited against the awards passed by the Commissioner for Workmen” s Compensation, Thrissur in W.C.C.Nos.361/2000 and 374/2003.

2. The claimants in the workmen” s compensation claims were sales representatives employed by their respective employers. As part of their conditions of service, their employers had provided them two wheelers. While riding the vehicles in their course of their employment, they met with accidents, resulting in bodily injuries. This led the injured to file claims under the Workmen” s Compensation Act, claiming the benefit of coverage of the insurance policy. This was in view of proviso (i) to Section 147 of the Motor Vehicles Act, 1988 (hereinafter referred to as ' the M.V.Act” for short).

3. The Commissioner for Workmen” s Compensation overruled the objection raised by the Insurance Companies that they are not liable under the proviso (i) to Section 147 of the M.V.Act and awarded compensation against the Insurance Companies. It is aggrieved by these awards that the aforesaid insurance companies have filed these appeals.

4. When MFA No.191/05 came up for consideration before a Division Bench of this Court on 23rd of September, 2010, on behalf of the claimant, reliance was placed on the judgment of this Court in National Insurance Co. Ltd. v. Nimmy & Ors. (2002 (1) KLJ 811) : (2002 Lab IC 3807 (Ker)). However, the Division Bench, prima facie, found that the coverage under the proviso to Section 147 of the M.V. Act is available only to those persons who are employed as drivers and are engaged in driving and not to other employees who were engaged in driving at the time of the accident. On that basis, doubting the correctness of the view taken by the Division Bench in Nimmy” s case (supra), the appeal was referred for consideration by a Full Bench.

5. Subsequently, since the issue raised in MFA No.7/09 was similar, by order dated 8/11/11, this appeal was also referred to a Full Bench to be heard along with MFA No.191/05. It is accordingly that these cases are listed for hearing before us.

6. We heard the learned senior counsel appearing for the appellant in MFA No.7/09, learned counsel appearing for the appellant in MFA No.191/05, the learned counsel appearing for the respective claimants and the employers, who are respondents in these appeals.

7. In these appeals, we are called upon to examine the scope and purport of Clause (a) to the first proviso to Section 147 of the M.V. Act, 1988. The first proviso and Clause (a) thereof, being relevant, are extracted below for reference;

' 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 vehicle.'

8. A reading of the former part of proviso shows that a policy as provided in Section 147 (1) shall not be required to cover liability in respect of 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 employment. Latter part of this proviso makes an exception to the aforesaid exclusion clause by providing that a policy shall be required to cover a liability arising out of the Workmen” s Compensation Act, 1923 in respect of the death of, or bodily injury to, any such employee. Thereafter, by Clauses (a), (b) and (c), the categories of employees who are eligible for the benefit of coverage are enumerated. Among the three categories, clause (a) provides that, an