CMPMO No.91 of 2008 24.4.2008 Present: Mr.G.C.Gupta, Senior Advocate with Ms.Benu Thakur, Counsel for the petitioner. This petition is directed against the order dated 1st March, 2008 passed by the Commissioner under the Workmen’s Compensation Act, whereby the application filed by the petitioner- Insurance Company for striking off its name from the array of respondents has been rejected. It appears that the Insurance Company was not initially impleaded as the respondent in the case. However, from the impugned order, it appears that later on it was impleaded as respondent No.4. The Insurance Company filed an application that the employers of the workman had not taken out any policy of insurance to cover liability under the Workmen’s Compensation Act. The Commissioner Workmen’s Compensation has rejected this application only on the ground that admittedly the Oriental Insurance Company has issued a Group Personal Accident Insurance Policy. The apprehension expressed by the petitioner Company is that it appears that the Commissioner Workmen’s Compensation is under the impression that he can award compensation payable under the Group Personal Accident Insurance Policy. The jurisdiction of the Commissioner Workmen’s Compensation is only in respect of the claims arising out of and under the Workmen’s Compensation Act, 1923. The Commissioner, Workmen’s Compensation has no jurisdiction to examine or adjudicate the claims relating to the Group Personal Accident Insurance Policy. The remedy of the claimants in respect of Group Personal Accident Insurance Policy would lie not before the Workmen’s Compensation Commissioner but before some other authority. However, at this stage I am not inclined to allow the petition and strike off the name of the Insurance Company. It will be for the claimants to prove that insurance policy issued covers the liability under Workmen’s Compensation Act. Therefore, the petition is rejected but with the clarification already given above that the Commissioner Workmen’s Compensation has no jurisdiction in respect of the Group Personal Accident Insurance Policy. April 24, 2008. (Deepak Gupta), PV Judge