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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Hon'ble Rajnish Kumar,J.
National Insurance Co. Ltd. Thro. Its Assistant Manager – Appellant
Versus
Shiv Gopal S/O Late Fateh Bahadur – Respondent
JUDGMENT :
(Rajnish Kumar, J.)
1. Heard Ms. Pooja Arora, Advocate holding brief of Shri S.C. Gulati, learned counsel for the appellant, Shri Sunny Sharma, Advocate holding brief of Shri Aditya Prakash Sharma, learned counsel for the claimant-respondent no. 1 and Shri Shubham Singh, Advocate holding brief of Shri Raj Kumar Pandey, learned counsel for the respondent no. 2/the owner of vehicle.
2. This First Appeal From Order under Section 30 of the Employee's Compensation Act, 1923 has been filed against the judgment and award dated 30.05.2011 passed by Additional District Magistrate Trans Gomti and Commissioner, Employee's Compensation, Lucknow in W.C. Case No. 18 of 1999; Shiv Gopal and others vs. Dharmendra Awasthi and others , awarding a compensation of 2,16,910/- along with interest @ 6 percent per annum as interest to the claimant-respondent no. 1 w.e.f. the date of impleadment of Insurance Company i.e. 11.08.2006.
3. Learned counsel for the appellant submits that the owner has denied that the deceased driver was in his employment. The P.W.2 has also proved that the deceased was driving the vehicle. He further submits that the necessary documents such as Registration Certificate o
The insurance company is not liable for compensation if the driver lacked a valid driving licence at the time of the accident.
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.
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.
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 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 central legal point established in the judgment is that the deceased's murder arose in the course of employment, attracting the provisions of the Employee Compensation Act, and that the insurance....
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.
The burden of proof regarding key issues such as driver's license and unauthorized use of a vehicle rests with the concerned party, and legal principles established in previous judgments influence th....
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