KAVITHA W/O LATE M. VENKATESH REDDY, AJAY S/O. LATE M. VENKATESH REDDY AND CHITHRA D/O LATE M. VENKATESH REDDY Vs. SMT. ASHWATHAMMA W/O. SRI HANUMANTHA REDDY NO. 183, KYKONDANAHALLI CARMELRAM POST SARJAPURA ROAD BANGALORE - 560035, THE ORIENTAL

JUDGEMENT

(1.) THE claimants have filed this appeal, inter alia contending that the Commissioner for Workmen's Compensation should have fastened liability on the Insurance Company. I have heard Sri Shripad V. Shastri, learned counsel for claimants and Sri S.V. Hegde Mulkhand, learned counsel for Insurance Company.

(2.) IT is not in dispute and cannot be disputed that vehicle involved in the accident is a goods auto carriage. It is a transport vehicle for driving of which an endorsement is required under section );">3 of the Motor Vehicles Act. In the case on hand, driving licence was issued on 07.09.1993 and it was renewed from time to time and last renewal was valid up to 28.06.2004. The accident in question took place on 13.04.2006. Therefore, as on the date of accident, driver did not have valid and effective driving licence.

(3.) IN view of what has been held in the aforestated judgment, contention of claimants that the Commissioner for Workmen's Compensation should have fastened liability on the Insurance Company, notwithstanding the fact that claimant/driver did not possess a valid and effective driving licence to drive a transport vehicle cannot be accepted. There is no merit in the appeal. The appeal is accordingly dismissed.