IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6606 of 2008 Most.Kaili Devi Versus United India Insurance Company ----------- 2 14.07.2011 Heard learned counsels for the petitioner and the state. The petitioner being the wife of the driver who died in accident, has filed the writ application for quashing of the order dated 20.07.2007 passed by Dy. Labour Commissioner-Cum-Commissioner, Worksmen Compensation Court, Magadh Division, Gaya in C.W.C. No. 38/2003. It is submitted by learned Sr. counsel for the petitioner that the compensation has been awarded against the owner of the vehicle in spite of the fact that he chose not to appear and the insurance company has been exonerated from the liability on the ground that the insured made default in making payment of the premium and the insurer of insurance was third party. It is submitted that in view of the judgment of the Apex Court, the insurance company is liable to make the payment in spite of the fact that the insured made default, though, the insurance company is entitled to recover the 2 amount, subsequently, from the insured. It is submitted by learned counsel for the respondent that the alternative remedy of appeal is provided under Section 30 of the Worksmen Compensation Act, 1923 which is maintainable before this Court. In that view of the matter, learned counsel for the petitioner is permitted to convert the present writ application into a memo of appeal within a period of two weeks. Let the Stamp Report Section restamp report the converted memo of appeal. Amrendra/- (Dinesh Kumar Singh, J.)