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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
PARTHIVJYOTI SAIKIA
United India Insurance Co Ltd. – Appellant
Versus
Anjera Bewa @ Anjuma Bewa W/o Late Harej Ali – Respondent
| Table of Content |
|---|
| 1. death in course of employment. (Para 2) |
| 2. employee died in accident during employment. (Para 3 , 4) |
| 3. dispute over validity of driver's license. (Para 6 , 7 , 12) |
| 4. compensation awarded to dependents. (Para 9 , 10 , 11) |
| 5. appeal procedures outlined. (Para 14 , 15) |
| 6. insurance company's burden of proof. (Para 16 , 17) |
| 7. appeal dismissed, judgment upheld. (Para 18 , 19) |
JUDGMENT :
PARTHIVJYOTI SAIKIA, J.
1. Heard Mr. A.J. Saikia, learned counsel representing the appellant Insurance Company as well as Mr. H. Das, learned counsel appearing for the respondents.
2. This is an appeal under Section 30 of Workmen’s Compensation Act, 1923 against the judgment and order dated 08.09.2012 passed in by the Commissioner, Workmen’s Compensation, Goalpara in W.C. Case No.05/2007.
3. The decease Harej Ali was an employee of Md. Jul Hussain Miah who owned a Truck bearing Registration No.AS-18/A-0320. The deceased was driver of the said Truck. On 15.11.2006 at about 6.30 P.M., the said Truck met with an accident. As a result of which, Harej Ali died on the spot.
4. Therefore, his wife and children filed an application before the Commissioner for Workmen’s Compensation, Goalpara seeking
The burden of proof lies with the party claiming invalidity of a driving license; if not established, the claimant remains entitled to compensation under the Workmen’s Compensation Act.
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 central legal point established in the judgment is that the driving license status of the deceased did not absolve the employer or the Insurance Company from liability to pay compensation under t....
Insurance companies cannot deny liability based solely on allegations of fake licenses unless they prove knowledge of such fraud.
The insurer is liable to pay compensation, even if the driver did not have the specific endorsement in the driving license to drive the commercial vehicle, based on the interpretation of relevant sec....
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.
The findings of fact in a claim petition under the Workmen's Compensation Act are required to be proved with the aid of evidence, and once proved, the findings are regarded as findings of fact. The c....
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.
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