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K. J. THAKER
Oriental Insurance Co Ltd. – Appellant
Versus
Kalloo – Respondent
JUDGMENT :
[Kaushal Jayendra Thaker, J.]
1. Heard Shri Mithilesh Kumar Tiwari, learned counsel appearing for the appellant and Shri Achintya Kumar, learned counsel for the respondents-original claimants. None appeared for the owner.
2. Both these appeals arise out of same incident in which one person had died and one person sustained injuries. First Appeal From Order No. 637 of 2005 arises from claim petition filed by the claimant/heir of the deceased whereas First Appeal From Order No. 643 of 2005 arises from claim petition filed by the injured-claimant.
3. It is submitted that the deceased was aged about 61 years at the time of accident and was being paid about Rs. 4,000/-per month. It is submitted by the learned counsel for the appellant that it was urged before the learned Commissioner that the person of 61 years of age could not have been employed as a driver. Moreover, his driving license had expired on 26.01.2002 and, therefore, also the Insurance Company could not have been saddled with liability. The Commissioner awarded Rs. 2,27,540/-to the heir of the deceased and Rs.3,18,772.80 to injured-claimant, whereas, the claim petitions were for Rs. 2,00,000/-each. It is further s
The court emphasized the requirement of a valid driving license, the existence of an employer-employee relationship, and the determination of the deceased's income for compensation purposes under the....
: 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....
The insurance company is liable for compensation under the Workmen’s Compensation Act when an employee-employer relationship is established, regardless of the driver's licensing status or the nature ....
Point of Law : None of factual findings are found to be either perverse or arbitrary or based on no evidence or against any provision of law.
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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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