ORIENTAL INSURANCE COMPANY LTD Vs. GANGARAJU

JUDGEMENT

(1.) Sri H.C.Vrushabhendraiah, learned counsel for the appellant. Sri V.Javahar Babu, learned counsel for respondent Nos.1 and 2 appeared through video conferencing. This appeal under Section 30(1)(A) and (AA) of the Workmen s Compensation Act, 1923 (hereinafter referred to as the Act , for short) has been filed by the claimants being aggrieved by the judgment and award dated 30.09.2011 passed by the Labour Officer and Workmen s Compensation Commissioner, Hassan Sub-Division, Hassan (hereinafter referred to as the Commissioner , for short), in case No.WCA:F:SR:30/2010.

(2.) Brief facts leading to filing of the case before the Commissioner are that one Sri Muniraju, son of the claimants, who was 26 years old, was driving a lorry bearing registration No.KA-52-617 and was proceeding near Nelamangala to load sand and come back. Since sand was not available, he was returning back, driving an empty lorry. On 5.11.2009 at about 4.00 p.m., when he was returning to Nelamangala and had reached a temple near Cheekanahalli, Belur Taluk, crashed into a tree and died on the spot. On the death of their son, the claimants filed a case before the Commissioner stating that their son was earning Rs.6,000/- per month as a driver and used to get Rs.100/- as batta and on the death of the sole bread winner, their livelihood is at stake as they have no means to live and claimed compensation.

(3.) On issuance of notice, the respondent-insurance company appeared and filed statement of objections contending that the transport vehicle was being driven by the deceased, did not have a valid driving licence to take vehicle on a public road and drive. There was gross violation of the policy conditions inasmuch as there was breach of Motor Vehicle Rules and since there was breach of the policy conditions, the insurance company was not liable to pay compensation. The monthly income and dependency of the claimants with the deceased was denied.