ORIENTAL INSURANCE CO. Vs. KAMALA SONI

JUDGEMENT

(1.) THIS appeal has been filed by the Oriental Insurance Company against the impugned award dated 12/12/2008 of the Commissioner, Workmen Compensation. Jagdalpur under the Workmen Compensation Act. 1923. The appeal involves the following substantial question of law:

(2.) SINCE parties were noticed and learned counsel for the respondents are present and Lower Court Record has also been received, this appeal is finally disposed of.

(3.) WE have perused the Lower Court record and found that Assistant Grade-ll namely Shri Ramkaran Ratre office of the Regional Transport Officer, Jagdalpur appeared in the witness box along with relevant documents and stated that the driver of the vehicle namely Jai Kumar Soni S/o Chandra Prasad Soni was having a driving license to drive the private light motor vehicle. He has specifically stated that he was authorized to drive the private vehicle only he was not authorized to drive a commercial vehicle. The driving license issued to the driver Jai Kumar Soni is also available on record which is Ex. D-1 according to which the driving license was issued on 5/01/2004 and is valid up to 4/01/2024 i.e. for a period of 20 years from the date of issue bearing driving license No, 7-8785/C.G.17 by the Licensing Authority, Bastar Region, Jagdalpur (C.G.), therefore the Insurance Company has successfully proved that the driver of the vehicle namely Jai Kumar Soni was having only a driving license to drive private Light Motor Vehicles, he was not authorized to drive a goods vehicle or transport vehicle may be Light Motor Vehicle or as paid employee, Admittedly the vehicle in question i.e. Mahindra Pick-up Van is a light motor goods vehicle.