JAGAT NARAYAN, C.J —This is a reference under sec. 27 of the Workmens Compensation Act, 1923, by the Workmens Compensation Commissioner, Udaipur.

2. The relevant facts are these. One Chunilal was driving passengers bus No. R. T.Y. 1397 belonging to Navin Kumar Verma along a public road when it collided with a truck. As a result of this accident Chunilal died. His widow Smt. Kamladevi and other dependants filed the present claim under the Workmens Compensation Act, 1923, before the Workmens Compensation Commissioner Udaipur. Notice was issued to the insurer, namely, the New Great Insurance Company of India Limited as contemplated by sec 96(1) of the Motor Vehicles Act, 1939. It filed a written statement in which none of the facts mentioned in the claim application was admitted. Navin Kumar filed a written statement admitting all the facts in the claim petition except clause (ii) regarding relationship of the claimants with the deceased for want of knowledge and clause (v) regarding the notice of the accident having been served on him by the petitioner

3. Before the learned Workmens Compensation Commissioner it was contended that the insurer had a right to take only the statutory defen

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