The absence of hill endorsement on a driving license does not invalidate the license, and the insurance company's liability towards the third party does not get avoided if the driver's license is found fake, unless the owner was aware of its invalidity. The insured's breach of policy condition regarding the driver's qualification or valid license must be proved for avoiding liability by the insurer.

Rajesh Tandon, J.

1. Heard Sri N. S. Pundir counsel for the appellant and Sri M. K. Goel counsel for the respondent No. 2.

2. Present appeal has been filed against the judgment and award dated 26.10.2005, passed by the Workmen Compensation Commissioner, Tehri Garhwal dismissing the application of the claimant for grant of compensation.

3. The claimant-appellant has filed a claim petition before the Workmen Compensation Commissioner, for grant of compensation on account of injuries sustained by him in an accident.

4. Briefly stated the claimant was working as driver in Tata Summo No. H.R. 38E 3031, which was owned by respondent No. 1 Smt. Shobha Kashyap and was insured with respondent No. 2 the Oriental Insurance Company. He sustained grievous injury due to which his leg and one hand have become incapable to work and he has become permanently disabled. His employer did not pay any compensation for his injuries in the accident. He has got medical treatment and he has become 60% disabled.

5. The opposite party No. 1 has admitted that the claimant was driver and was getting Rs. 2,200 per month as salary. The vehicle was insured with the Oriental Insurance Company therefore, the insurance company is liable to pay compensation, if any.

6. Opposite party No. 2, Oriental Insurance Company has submitted that no notice under Section 10 of the Workmen's Compensation Act has been served on the insurance company. The driver and the owner of the vehicle has flouted the terms and conditions of the insurance policy and as such insurance company is not liable to pay compensation.

7. On the basis of pleadings of the parties the Tribunal has framed the following issues:

1. Whether the claimant was employed as driver on the date of accident?

2. What was the age and salary of the claimant at the time of accident?

3. Whether all the papers of the vehicle was valid and the claimant had a valid driving licence at the time of accident?

4. Whether as result of accident, the claimant has become handicapped/ injured and unable to do work? If so the percentage of disability and its effect?

5. Whether the claimant is entitled to get compensation from the opposite parties and from which of the opposite parties?

8. The claimant has examined himself as P.W. 1, Sri Vijai Kumar as P.W. 2 and Dr. D. L. Shah as P.W. 3 he also filed copy of the notice, copy of the G. D. report, Medical report, discharge certificate of Apollo Hospital, insurance cover note, registration certificate, fitness certificate and permit of the vehicle in question. The opposite parties have not adduced any evidence either oral or documentary.

9. The Tribunal has held that the claimant was employed as driver and was getting Rs. 2,500 per month as salary. The vehicle has valid registration, fitness certificate and permit. The driver has valid driving licence issued by Licensing Authority of Agra. However, there was no endorsement regarding driving in hills. The Claims Tribunal has held that as there was no hill endorsement on the driving licence of the claimant, therefore, he was not authorised to drive the vehicle on hill-roads and as such he is not entitled to get any compensation on account of sustaining injuries in the accident.

10. The Claims Tribunal has also held that the claimant has suffered 60% disability in the accident but as there was no hill endorsement on the driving licence his claim petition was rejected vide impugned judgment and award.

11. Rule 193 of the M.V. Rules, 1998, reads as under:

193. Endorsement of certain licences for hill roads.-No person shall drive a public service vehicle or a goods vehicle on a hill road unless his licence to drive such public service vehicle or goods vehicle has been endorsed by a registering authority with a permission to drive upon hill roads situated within the jurisdiction of such registering authority or in the case of a public service vehicle hired by tourists, by the registering authority of the State with which reciprocal arrangements on th