1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1563/2009 M/s United India Insurance Co.Ltd. Appellant Vs. Ganesh Bapu More Respondent Ms.Priscilloa Samuel i/b Mr.Raymond Samuel for appellant Mr.R.S.Alange for Respondent CORAM: MRS.MRIDULA BHATKAR,J. DATE : 12th JANUARY,2010 P.C. . This appeal is filed against the order passed by the Workmen Compensation Commissioner , Solapur dated 29/5/2008 . Respondent no.1 who is the original applicant / driver had filed a claim for compensation as he had sustained injuries in the accident of truck. The said application was allowed and the appellant and respondent no. 2 were directed to pay compensation of Rs.2,96,568/- with interest thereon at the rate of 12 % per annum from 25/3/2006 jointly and severally. The main ground for the appeal was made out that respondent no.2 , employer, has paid premium for one driver and six coolies and he has not insured the second driver. It is submitted by learned counsel for the appellant that at the time of the accident respondent no.1 , though he was the driver in the employment of 2 respondent no.2 , was not driving the said truck but was sleeping and so he cannot be treated as the driver and hence not entitled to compensation and learned Judge has committed an error in allowing the said application and awarding compensation. 2] The submissions and ground of the appeal are not convincing. The only one driver was insured by respondent no.2 and premium accordingly was paid to the insurance company . It was pointed out that during the said journey respondent no.2 had engaged two drivers and the applicant was one of them who had also driven the said truck for some time as he was in the employment of respondent no.2 and cause of his presence in the truck was his employment and the injuries which he has sustained are out of the said accident. 3] No fault is found in the order passed by the Commissioner for Workmen Compensation ,Solapur . The order is legal and valid. Petition is dismissed. 3 Respondent no.1 is allowed to withdraw the remaining amount as half of the amount is already withdrawn which is deposited in the Labour Court,Solapur by the appellant/ original respondent . (MRS.MRIDULA BHATKAR,J.)