DIVISIONAL MANAGER NATIONAL INSURANCE CO LTD Vs. DURGAPPA

JUDGEMENT

(1.) This miscellaneous first appeal is filed by the Insurance Company against the impugned judgment and order dated 21.3.2013 passed by the Commissioner for Workmen's Compensation, Chitradurga, in WCA/F/CR-24/2010 in fastening the liability on the Insurance Company.

(2.) The claimants filed claim petition contending that they are the parents, sister and brother of the deceased Anjaneya. The deceased Anjaneya was working under K.M. Kalyan Kumar in a Tata ACE Goods Vehicle bearing Regn.No.KA-35/A-4963 and that on 07.12.2009 in a road traffic accident, he succumbed to the injuries owing to the rash and negligent driving on the part of the driver of Tata ACE goods vehicle driven by the owner of the vehicle.

(3.) The insurance company being aggrieved by the impugned judgment and order of the Commissioner has preferred this appeal mainly contending that the driver was not having valid and effective driving licence. In support of their contention, they have also examined the Officer by name Lakshman Rao and produced copy of the policy and driving licence of the driver which are marked as Ex.R3. Ex.R3 gives a clear indication that Tata Ace goods vehicle was registered as LGV with seating capacity of 1+1. The Commissioner for Workmen's Compensation proceeded to hold that policy issued is a 'B' package policy and appellant has not substantiated that the driver did not possess valid and effective driving licence.