K.M. Joseph, J.

Appellant is the second opposite party/the insurer in proceedings under S. 22 of the Workmen's Compensation Act (hereinafter referred to as the Act'). By the impugned order, the Commissioner has allowed the application and directed the appellant to pay Rs. 3,27,705/- with interest at 12% from the date of accident till the date of deposit. We have heard the learned counsel for the appellant Sri. Lal George and the learned counsel for the respondents/claimants.

2. The learned counsel for the appellant would contend that the Commissioner has acted illegally in allowing the claim against the appellant. He would point out that the case of the applicant was that the deceased was employed as a workman of the first opposite party, he was travelling in a tractor, there was an accident, involving the tractor, as a result of which, the deceased fell from the tractor and he succumbed to the injuries. He would straight away submit that the insurer cannot be made liable as no premium has been paid in respect of the deceased. He would further submit that the employee would not come within any of the clauses in the proviso to S. 147 of the Motor Vehicles Act. He is neither