A lorry bearing registration No.
In support of the said finding, reliance was placed upon a Full Bench judgment of the High Court dated 17.12.2003 in MFA Nos.
The said lorry was involved in an accident resulting in sufferance of injuries by the First Respondent which led to his disability to the extent of 45 to 50.
Aggrieved by and dissatisfied therewith the Appellant preferred an appeal before the High Court under Section 30 1 of the 1923 Act, which was dismissed by the High Court on the premise that the Appellant was number entitled to urge any ground therein which was number available to it in terms of the 1988 Act.
The First Respondent herein was a cleaner and the Second Respondent was an owner of the said lorry.
The Commissioner for Workmens Compensation, Davangere, by an order dated 30.04.1997 awarded a sum of Rs.2,70,264/ by way of companypensation and interest of Rs.33,230/ to the workman payable by the Appellant herein.
KA 34 545 was insured with the Appellant companypany.
26615 of 2004 WITH CIVIL APPEAL NO.
Arising out of SLP Civil No.
7383 OF 2005 Arising out of S.L.P. Civil No.
Whether an insurer, while defending an action initiated under the Workmens Compensation Act, 1923, for short, 1923 Act is precluded from raising any defence as envisaged in under sub section 2 of Section 149 of the Motor Vehicles Act, 1988, for short, the 1988 Act is the question involved in these appeals.
We will numberice the fact of the matter from the Civil Appeal arising out of Special Leave Petition Civil No.26615 of 2004.
5861 of 2005 B. SINHA, J Leave granted.
