IMPORTANT POINT
The onus is on the insurance company to prove the lack of a valid driving license for the deceased employee.

JUDGMENT :

Virender Singh, J.

Appellant-New India Assurance Company Ltd., has filed the present appeal, under Section 30 of the Employee’s Compensation Act, 1923 (hereinafter referred to as ‘the Act’), against the award, dated 18.10.2013, passed by the Commissioner, under the Employee’s Compensation Act, 1923, Bilaspur, District Bilaspur, H.P. (hereinafter, referred to as ‘the Commissioner’).

2. By way of award dated 18.10.2013, learned Commissioner has allowed the petition for compensation, filed under Section 22 of the Act, by respondents No.1 to 4, in W.C. No.15/2 of 2011/2006, titled as Meera Devi & Others vs. Sunka Ram and Another, and has awarded the compensation of Rs.5,04,040/-, along with interest, in favour of respondents No.1 to 4. However, the ultimate liability to pay the amount of compensation has been fastened upon the appellant being insurer of vehicle No.HP-69-0234, owned by respondent No.1.

3. For the sake of convenience, the parties to the present lis are hereinafter referred to, in the same manner, in which, were referred to, by the learned Commissioner.

4. Brief facts, leading to the filing of present appeal, before this Court, as emerge from the record, may be summed up, as under:-

4.1. Petitioners, being widow, minor sons and daughter of Shyam Lal, have filed the claim petition for compensation, under Section 22 of the Act, seeking compensation, on account of death of Shri Shyam Lal, on 21.08.2005, during the course of employment, while driving tractor No.HP69-0234, (hereinafter referred to as ‘the vehicle in question’), owned by respondent No.1-Sunka Ram.

4.2. The accident in question, is stated to have taken place due to mechanical defect. The age of Shri Shyam Lal, at the time of his death, has been pleaded as 35 years and his income is stated to be Rs.4,000/- per month, at the time of his death. Since, the death of Shyam Lal had taken place during the course of employment of respondent No.1, as such, the petitioners have sought the amount of Rs.15,00,000/-, as compensation, from the respondents being owner and insurer of the vehicle, in question.

5. When put to notice, the claim petition has been contested by the respondents, by filing their separate replies.

6. Owner Sunka Ram, has filed the reply, by taking the preliminary objections, that the application is not maintainable in the present form; learned Commissioner has no jurisdiction; and the petition is incomplete.

7. On merits, the factum of employment of Shri Shyam Lal, as driver, on vehicle, in question, has not been disputed. However, the other contents of the petition have been denied, including the salary of deceased Shyam Lal, as Rs.4,000/- per month. According to respondent No.1, deceased was getting only Rs.2,000/-, per month, as salary.

8. Insurance Company-respondent No.2, has filed its separate reply, by taking preliminary objections that the petition is not maintainable; there was no employer employee relationship between Shyam Lal with respondent No.1; Shyam Lal was not having a valid and effective driving licence to drive the vehicle, in question; and the vehicle, in question, was being permitted to ply contrary to the provisions of Motor Vehicles Act, as, the same was not having valid Route Permit, Registration Certificate and Fitness Certificate.

9. On merits, the factual position, as mentioned, in the petition, has been denied mainly for want of knowledge.

10. Thus, the respondents have prayed for the dismissal of the petition.

11. From the pleadings of the parties, the following issues were framed by the learned Commissioner, vide order dated 29.08.2006:-

1. Whether the deceased Shyam Lal was driver on Tractor No.HP-69-0234 and died in the course of such employment of respondent No.1? OPP.

2. If issue No.1 is proved in affirmative, whether petitioners are entitled for compensation if so to what amount and from whom? OPP.

3. Whether deceased Shyam Lal was not having a valid and effective driving licence to drive the class of vehicle involved in