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NYAPATHY VIJAY
United India Insurance Co. Ltd. , Hyderabad – Appellant
Versus
Yelleti Venkata Eswaramma – Respondent
JUDGMENT :
1. The present civil miscellaneous appeal is filed against the order dated 05.07.2004 in WC No.1 of 2003 passed by the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour, Cirlce-1, Visakhapatnam, Visakhapatnam District.
2. The Insurance Company is the appellant herein.
3. The facts leading to filing of the present appeal are as follows :
The claim application was filed by the wife of Yelleti Siva Satya Vara Prasad @ Prasada Rao (hereinafter referred to as “deceased”), who was working as the Driver of an Auto Bearing No.AP 31 W 1250 owned by OP No.1, on monthly wage of Rs.3,000/-. On 20.04.2002, the auto was being driven by the deceased with a load of cashew, which was coming from Dasullapalem to be sold at Simhachalam. While going towards Simhachalam, the auto had met with accident at Kothavalasa at about 10:00 p.m. As the vehicle collided with a tree, which resulted in the immediate death of the deceased and the passengers in the vehicle received grievous injuries. As the deceased was working under OP No.1 and as the auto was insured with a policy by OP No.2, the claim application was filed seeking compensation. It was further pleaded that the dece
Insurance companies cannot deny liability based solely on allegations of fake licenses unless they prove knowledge of such fraud.
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.
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....
Familial relationships do not negate employer-employee status if remuneration is involved; the burden of proof lies with the insurance company regarding the absence of a valid driving license.
An employer is liable for compensation under the Employees' Compensation Act even if the employee was negligent or held a fake driving license, provided the accident occurred in the course of employm....
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.
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