NATIONAL INSURANCE COMPANY LIMITED Vs. BASRUDDIN

JUDGEMENT

(1.) THE judgment dated 22nd July 2008, rendered by Commissioner, Workmen Compensation, Udham Singh Nagar, is under challenge. The accident occurred on 30.12.2003, when the truck No. HR -38E -0966 driven by Sri Basruddin met with an accident and dashed the another truck No. HR -20A - 6945.

(2.) AS result of this accident, Sri Basruddin suffered injuries inasmuch as his right leg was amputated and doctor measured 60% disability in the body of Sri Basruddin. So, he launched the suit number WCA 06 of 2004 before the Commissioner, Workmen Compensation. Learned Presiding Officer has awarded the compensation to the tune of Rs.2,93,544/ - with 12% simple interest amounting to Rs.1,58,513. The sum total of the award is Rs.4,52,058/ - and same has been deposited by the Insurance Company, whereagainst the liability has been fastened by the Presiding Officer before preferring this appeal.

(3.) LEARNED counsel for the Insurance Company has highlighted the facts that the driving license of Sri Badruddin was valid with effect from 20.09.2000 to 19.09.2003 and then it was further renewed from 22.01.2004 to 21.01.2007. It clearly shows that on the date of accident i.e. 30.12.2003, Sri Badruddin did not have any valid driving licence and the same could not be renewed after four months with retrospective effect.