Back
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
Ashok S.Kinagi
Divisional Managaer, Oriental Insurance Com. Ltd. – Appellant
Versus
Iravva Nigappa Bajanavar – Respondent
JUDGMENT :
Ashok S. Kinagi, J.
This Miscellaneous First Appeal is filed by the Insurance Company, challenging the Judgment and Award dated 05.07.2013 in WCA/SR-213/2009 passed by the Labour Officer and The Commissioner for Workmen Compensation, Sub Division-II, Belagavi, regarding the liability ( hereinafter referred to as “ the Commissioner”)
2. Brief facts, leading rise to the filing of this appeal are as follows:
3. The claimants have filed the petition before the Labour Officer and the Commissioner for Workmen Compensation seeking a compensation of Rs. 600,000/- with interest at the rate of 18%, under section 22 of the Workmen compensation Act, 1923. It is contended that, the claimants are dependants of the deceased Ningappa Fakkirappa Bhajanavar. It is contended that, the deceased Ningappa was working as a Coolie under Respondent No. 6 herein/ Employer in a Tractor bearing Reg. No. KA-24/T-71 and Trailer No. CTW-9812. On, 09-06-2009 when the deceased was proceeding in the Tractor from Gilihosur Village, Gokak, by looking Eucalyptus Tree and on 10-06- 2009 when they came near Madamgeri village, the Driver of the said Vehicle drove the vehicle in a rash and negligent manner to endan
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.
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 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.
Compensation under the Employee's Compensation Act is due immediately upon the accident, with interest applicable from that date, contingent on proper adherence to insurance and licensing conditions.
The insurance company is liable for compensation under the Workmen’s Compensation Act when an employee-employer relationship is established, regardless of the driver's licensing status or the nature ....
An employer may be held vicariously liable when an employee operates a vehicle without a valid license, negating insurer liability in case of substantive policy breach.
The onus is on the insurance company to prove the lack of a valid driving license for the deceased employee.
The insurance company is not liable for compensation if the driver lacked a valid driving licence at the time of the accident.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
