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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SRI JUSTICE NYAPATHY VIJAY, J
New India Assurance Company Ltd. – Appellant
Versus
Arlabu Ramana – Respondent
| Table of Content |
|---|
| 1. accident details and claim (Para 1 , 2 , 3 , 4) |
| 2. insurance company's defense (Para 6) |
| 3. commissioner's issues framed (Para 8 , 10 , 11 , 12 , 13) |
| 4. witness testimonies (Para 9) |
| 5. evidence presented (Para 14 , 15 , 17 , 18) |
| 6. appellant's contentions (Para 16) |
| 7. relevance of vehicle transfer (Para 19 , 20) |
| 8. court's decision (Para 21 , 22 , 23) |
JUDGMENT :
2. The O.P.No.2-Insurance Company is the Appellant herein.
The Claimants are parents and siblings of one Arlabu Maheswari (hereinafter referred to as ‘deceased’). The deceased used to attend labour work and assisting her family. On 20.10.2006, the deceased was engaged as a labourer by O.P.No.1 along with other labourers for the purpose of loading and unloading on the Tractor & Trailer bearing Nos.AP-30-T-4106 & AP-30-B-7203. While so, when the deceased and other labourers were being taken in the tractor and trailer on the said date, the vehicle met with an accident near Dabbadabalanna Garuvu, opposite Pothurajugudi Kujjali of Paderu Mandal, Visakhapatnam District and turned turtle due to negligent driving of the driver of the vehicle, as a result, the deceased sustained injuries and died on the spot. A criminal case
The court affirmed that a non-transport driving license suffices for operating a transport vehicle, and the insurance company remains liable despite vehicle transfer.
The deceased, as a Hamali, is considered a workman under the Workmen’s Compensation Act, and the insurance company is liable for compensation as he falls under the definition of 'third party'.
An employer is liable for compensation if an accident arises out of and in the course of employment, regardless of any altercation preceding the accident.
The employer's responsibility to ensure a valid driving license for the vehicle operator is critical; a lack of such validation can relieve the insurer from liability under the insurance policy.
Point of law: When the intention of the Legislation was to cover compulsorily ail the risk arising out of the use of the Motor Vehicle and that the liability of the insurer is co-extensive with that ....
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 central legal point established in the judgment is that the driving license status of the deceased did not absolve the employer or the Insurance Company from liability to pay compensation under t....
The appeal under Section 30 of the Workmen’s Compensation Act is limited to substantial questions of law, and the Commissioner’s findings on facts are final unless proven perverse.
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