RELIENCE GENERAL INSURANCE COMPANY LIMITED Vs. BALESHI

JUDGEMENT

(1.) The insurer being aggrieved by the judgment and award dated 17/08/2009 passed in WCNF.No.188/2007 by the Labour Officer and Commissioner for Workmen's Compensation, Sub Division No.1, Belagavi ( for short the 'Commissioner' ) has filed this appeal .

(2.) It is the case of the claimant before the Commissioner the he was working as a driver in TATA ACE light goods vehicle bearing No.K.A.22 A 7185 belonging to respondent No.1 on wages of Rs.100/- per day and bata of Rs.30/- per day. On 03.11.2007 he was driver on the said vehicle and there was puncture of the wheel . Therefore, he was engaged in changing the wheel , at that time, one motorcycle driven in a rash and negligent manner dashed to the petitioner, as a result he sustained facture of tibia and fibula and he was admitted to District Hospital, Belagavi . In spite of treatment he has not recovered from the injury and that he is suffering from permanent disability and therefore, he filed claim petition before the Commissioner against the employer and the insurer claiming compensation of Rs.4,00,000/-.

(3.) In pursuance of the notice, the respondent Nos.1 and 2 appeared before the Commissioner. Respondent No.1 filed written statement admitting that claimant was employed by him as a driver in his TATA ACE goods vehicle stated above on the wages of Rs.100/- per day. He has further stated that his vehicle was duly insured with respondent No.2. In case of any liability, it may be saddled against respondent No2. He has also admitted that the claimant suffered injury while in the course of his employment. Respondent No.2 filed the objections denying the averments made in the claim petition. He has further stated that the claimant was not holding valid and effective driving licence to drive the said vehicle. Therefore, there is breach of policy conditions and as such he is not liable to pay any compensation.