KAVITA SURESH @ CHABU SASE Vs. RAMDAS HARIBHAU VISHWASRAO

JUDGEMENT

(1.) The appellants i.e. the original claimants have challenged the judgment and award passed by the learned 2nd Labour Judge, Ahmednagar (hereinafter referred to as "the trial Court ") on 11/10/2004 in Application (W.C.) No. 72/1997, whereby the claim for getting compensation under Workmen 's Compensation Act by the appellants - claimants in respect of accidental death of one Suresh @ Chabu Sase, has been rejected.

(2.) The background facts can be summarised as under :

(3.) Respondent No.1 i.e. owner, despite service, failed to file written statement, whereas respondent No.2 - Insurance Company vide it 's written statement opposed the claim by contending that the deceased was not having valid driving licence. The Insurance Company also claimed that at the relevant time the said truck was carrying marriage party of 20 to 22 persons in breach of the terms and conditions of insurance policy. The learned trial Court, after conducting the trial and considering the entire material on record, dismissed the claim of the appellants. Hence, this appeal.