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Judgment
V. Jagannathan, J.—In this appeal the only short point that arises for consideration is whether the Commissioner for Workmen''s Compensation, Bangalore, could have allowed the claim application filed by the very owner of the vehicle involved in the accident.
The learned counsel for the appellant insurance company submits that claimant before the Commissioner was none other than respondent No. 1 herein, who is also the insured as could be seen from the insurance policy that was produced before the Commissioner. As such, the question of allowing the claim application of a person, who was not an employee within the meaning of the Workmen''s Compensation Act, 1923, does not arise.
The above submission finds acceptance by the court in view of the policy produced indicating that the respondent No. 1 himself was the owner of the vehicle in question that met with the accident. The respondents have remained absent despite service.
For the above reasons, the appeal is allowed and the impugned order is set aside. The amount in deposit be refunded to the appellant.