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VENKATA JYOTHIRMAI PRATAPA
Bheemavarapu Swapna Kumar – Appellant
Versus
B. Chinna Rao – Respondent
JUDGMENT
1. This appeal is directed against the impugned order in W.C.No.36 of 2006 dtd. 20/5/2007 on the file of the Assistant Commissioner of Labour, Visakhapatnam. Appellants herein were the applicants, Respondent Nos.1 and
2. are the opposite parties before the learned Commissioner. 2. Applicants are the dependents' of the deceased late Bheemavarapu Sathyanarayana who died in a motor vehicle accident on 7/1/2005, while discharging his duties as a driver to the auto of Opposite Party No.1.
3. The Opposite Party No.1/Owner of the vehicle was set exparte before the learned Commissioner. Opposite Party No.2 filed counter denying all the averments made in the petition interalia contending that applicants have to prove the existence of the employee - employer relationship between the deceased and Opposite Party No.1 and that they have to prove occurrence of accident out of and in the course of the employment, age, wage of the deceased.
4. During the course of the enquiry, Applicant No.1 who is the wife of the deceased was examined as A.W.1, Mr. Bala Raju who is the brother of the deceased was examined as A.W.2.
5. Opposite Party No.2 also filed additional counter stating that the dece
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The validity of the driving license is a consideration under a contract of insurance, and the insurer can raise the issue in the proceedings under the Employees Compensation Act.
Owner solely liable for workmen's compensation when permitting LMV-licensed driver without valid HMV licence to operate heavy vehicle, absolving insurer due to attributable policy breach; appeal dism....
The main legal point established in the judgment is the burden of proof on the Insurance Company to establish that the deceased did not possess a valid driving licence and the application of the prin....
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