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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K.MANMADHA RAO
Siddegowda S/o Puttegowda – Appellant
Versus
M. Shantha W/o Mohanraje Urs Major – Respondent
| Table of Content |
|---|
| 1. claimant's injury and liability involvement (Para 1 , 2 , 3) |
| 2. arguments for compensation enhancement and liability issues (Para 4 , 5 , 6) |
| 3. court's review of arguments and legal reasoning (Para 7 , 9 , 13) |
| 4. application of 'pay and recover' principles and policy violations (Para 8 , 10 , 11 , 12) |
| 5. calculation of compensation owed to claimant (Para 14 , 15 , 16 , 17) |
| 6. final order and dismissal of appeal (Para 18) |
JUDGMENT :
K. MANMADHA RAO, J.
1. The present appeal is filed by the claimant under Section 30 (1) of the Employees Compensation Act, 1923 (hereinafter referred to as "the ECA Act" for short) against the judgment and award dated 22.03.2019 in No.09/2014 passed by the Senior Civil Judge and JMFC at Arkalgud (hereinafter referred to as "the Commissioner") for fastening the liability of respondent No.1 and seeking enhancement of the compensation awarded by the Commissioner.
2. The facts leading to the filing of this appeal are as follows:
The appellant/claimant is the father of deceased Lokesh who met with a fatal accident on 08.04.2010 at about 5:30 am near Chikkodanahalli Gate while working as a driver of a canter vehicle bearing Registration No.KA-09 B-
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 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....
The insurance company is not liable for compensation if the driver lacked a valid driving licence at the time of the accident.
Employers must ensure employees hold valid driving licenses; failure results in insurer's liability being voided under policy conditions.
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 main legal point established in the judgment is the burden of proof on the Insurance Company to establish that the deceased did not possess a valid driving licence and the application of the prin....
: scheme of the Act of 1923 is that when ever, a workman gets injured during the course of his employment, his employer is to pay the compensation. There is no doubt that the respondent/driver sustai....
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