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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR
Oriental Insurance Company Ltd. – Appellant
Versus
Kharak Bahadur (deceased) through Lrs – Respondent
JUDGMENT :
Vivek Singh Thakur, J.
This appeal has been preferred under Section 30 of the Employees Compensation Act (in short ‘the EC Act’) against order dated 1.8.2012 passed by the Commissioner, under Employees Compensation Act, Solan in WCA No. 23/2 of 2011 titled Kharak Bahadur vs. Rajesh Sood and another , whereby the Commissioner, Employee’s Compensation has awarded compensation amounting to Rs.42,129.60 Ps. with interest at the rate of 12% per annum from 11.11.2004 i.e. from one month after the date of accident.
2 Parties shall be referred, hereinafter, as per their status as claimant/petitioner, owner (respondent No.1) and Insurance Company (respondent No.2).
3 Claimant had instituted a claim petition under Section 22 of the Workmen’s Compensation Act (now the Employees Compensation Act) against the owner and Insurance Company for awarding compensation for multiple injuries, including fracture in his right leg, sustained by him on 10.10.2004 while he was discharging his duty as driver and replacing/changing the punctured tyre of the vehicle i.e. Truck No. HP-14-6797.
4 The claimant was taken to the Civil Hospital, Kandaghat and thereafter to the Zonal Hospital, Solan and he
Employer-employee relationship proved via logbook and adverse inference against non-producing owner; valid heavy goods vehicle licence upheld; tyre replacement in course of employment; interest from ....
The insurance company is not liable for compensation if the driver lacked a valid driving licence at the time of the accident.
The relationship of employer-employee must exist to establish liability under the Workmen’s Compensation Act, and evidence of such a relationship is primarily a factual determination.
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....
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