NEW INDIA ASSURANCE CO.LTD Vs. NASEERA

JUDGEMENT

(1.) This appeal, filed by the New India Assurance Company Ltd, is being heard and disposed of at the admission stage with the consent of learned counsel on both sides.

(2.) The appellant, the New India Assurance Company Ltd, has approached this Court impugning the judgment of the Court of the Employees Compensation Commissioner (Industrial Tribunal and Employees Insurance Court), Thiruvananthapuram, in ECC No.12/17 as per which, certain sums have been awarded in favour of respondents 1 and 2 herein, who are stated to be the mother and the younger brother of a young man by name Sri.Shajeer, who was employed as a Driver under the 3rd respondent and who succumbed to certain injuries in an accident while in such employment.

(3.) The primary contention, if not the sole, of the appellant is that since the deceased Sri.Shajeer was only 17 years of age at the time of accident and thus admittedly being without a valid driving licence, they cannot be mulcted with the liability under the Employees Compensation Act (hereinafter referred to as 'the Act' for short), since Ext.D1 Insurance Policy is only a motor policy and not a policy under the Act. They, therefore, pray that the impugned judgment be set aside.