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VENKATA JYOTHIRMAI PRATAPA
Br. Manager, the Oriental Insurance Company Ltd. – Appellant
Versus
Kamireddy Bhavani – Respondent
JUDGMENT :
Venkata Jyothirmai Pratapa, J.
1. This Civil Miscellaneous Appeal is preferred under Section 30 of Workmen's Compensation Act, 1923[in short "the Act"] against the impugned order dated 27.03.2008 in W.C. Case No. 1 of 2007 on the file of the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Nellore(FAC)[in short "Commissioner"].
2. The appellant was the Opposite Party No. 2, Respondent Nos. 1 to 5 were the applicants and Respondent No. 6 was the Opposite Party No. 1 before the learned Commissioner. For the sake of convenience, the parties will be referred hereinafter as they arrayed before the learned Commissioner.
3. The case of the applicants, in brief, is as follows:
b. The deceased used to get Rs. 6,000/-p
An insurer remains liable to pay compensation to third parties even if the insured violates policy conditions, but retains the right to recover the paid amount from the insured.
The insurer is liable to pay compensation, even if the driver did not have the specific endorsement in the driving license to drive the commercial vehicle, based on the interpretation of relevant sec....
Insurance companies cannot deny liability based solely on allegations of fake licenses unless they prove knowledge of such fraud.
The circumstances of an accident determine liability under the Workmen Compensation Act, not merely the possession of a driving license.
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....
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.
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