Motor Vehicles Act, 1988—Section 147—Workmen
Compensation Act, 1923—Statutory policy, whether covers liability of all kinds
of employee?—Held, no—A policy is not required to cover the liability of the
employee except an employee covered under the 1923 Act and that too in respect
of an employee carried in a vehicle—To put it differently, it does not cover
all kinds of employees—Thus, on a contextual reading of the provision,
schematic analysis of the Act and the 1923 Act, it is quite limpid that the
statutory policy only covers the employees of the insured, either employed or
engaged by him in a goods carriage—It does not cover any other kind of employee
and therefore, someone who travels not being an authorised agent in place of
the owner of goods, and claims to be an employee of the owner of goods, cannot
be covered by the statutory policy and to hold otherwise would tantamount to
causing violence to the language employed in the Statute.
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