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2018 Supreme(Kar) 783

B.A.PATIL
Divisional Manager, New India Assurance Company Limited Hubli – Appellant
Versus
Shabana W/o Basheer Ahamad Sheikh – Respondent


Advocates Appeared:
For the Appellant : Sri. G.N. Raichur.
For the Respondent: Sri. Dinesh M. Kulkarni.

JUDGMENT :

1. Assailing the judgment and order dated 24.08.2013 passed by the Labour Officer and Commissioner for Workmen’s Compensation, Sub-Division II, Hubballi in WCNF No. 55/2012 appellant-insurer is before this Court.

2. I have heard the learned counsels appearing for the parties.

3. It is submitted by the learned counsel for the appellant-insurer that the Commissioner for Workmen’s Compensation has committed an error in saddling the liability on the appellant-Insurance Company inspite of the fact that the driver of the said vehicle was not holding valid and effective driving license to drive the hazardous goods. He further submitted that as per the Central Motor Vehicle Rules, in the list of hazardous goods at S. No. 1656 petroleum crude oil is classified as hazardous goods and as per Rule 9 of the said Rules, the driver carrying the hazardous goods imposed in addition to the transport license must have an endorsement to drive the hazardous goods vehicle. He further submitted that admittedly the driver of the said tanker was not holding the said endorsement. As such, the Insurance Company is not liable to pay any compensation. He further submitted that the Commissioner has comm









































































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