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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K.MANMADHA RAO
Head Master, Balmi Primary School – Appellant
Versus
Mariyamma, W/o. Late Badruddin – Respondent
JUDGMENT :
K.MANMADHA RAO, J.
1. This appeal is filed by the Head Master of the school/owner of the vehicle to set aside the judgment and award dated 24.01.2015 passed by the Principal Senior Civil Judge and Commissioner for Employees Compensation at Mangalore in ECA .No.01/2014 (for short 'the Commissioner/Authority').
2. The claimants have filed the petition under Section 10 of the Employees Compensation Act, 1923 (‘the ECA ’ for short) for grant of Rs.13,00,000/- along with interest at 12% per annum on the account of the death of the driver of the school bus during the course of his employment.
3. The brief facts of the case are that:
The petitioners/claimants contend that deceased Badruddin, S/o Hasanabba, husband of claimant No.1, was employed as the driver of the school bus bearing Registration No.KA-37/3493 belonging to respondent No.1/Head Master of the school/owner of the vehicle. On 14.08.2008, at about 8.00 a.m., while driving the school bus from Balma English Medium School, Thenkulipady, Mangalore to Ulaibettu to pick up school children. While returning from Ulaibettu to Balma English Medium School at about 9.00 a.m. during the rainy season when the roadside ditch was fi
Employers must ensure employees hold valid driving licenses; failure results in insurer's liability being voided under policy conditions.
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 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.
The insurance company is not liable for compensation if the driver lacked a valid driving licence at the time of the accident.
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 insurance company is not liable to indemnify for compensation under the Employees Compensation Act when the driver does not possess a valid driving license, as this constitutes a breach of policy....
Employers have a duty to ensure that drivers maintain valid licenses; failing to do so constitutes a breach of insurance policy terms, relieving insurance companies from liability for claims.
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.
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.
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