UNITED INDIA INSURANCE COMPANY LIMITED Vs. VAKITI BALRAJU

JUDGEMENT

(1.) Respondent Nos. 1 to 3 filed W.C. Case No. 13 of 2002 before the Commissioner for Workmen's Compensation & Assistant Commissioner of Labour, Mahaboobnagar (for short "the Commissioner") claiming a sum of Rs.4,00,000/- as compensation. It was pleaded that Vakiti Ramulu, son of respondent Nos. 1 and 2 and brother of respondent No. 3, was employed as a labourer to work on a Tipper bearing No. AP 26 U-5481, owned by respondent No. 4 and insured with the appellant. On 24.01.2002, the vehicle is said to have fallen down on account of rashness on the part of the driver of the Tipper and that Ramulu sustained serious injuries in it. He died on the next day while undertaking treatment. It was pleaded that the deceased was being paid Rs.4,000/- per month as salary and that he was aged 21 years at the time of his death. Respondent No. 4 remained ex parte. The case was opposed by the appellant alone. It was pleaded that the insurance policy does not cover the liability arising out of the death of the deceased. It was also alleged that the driver, who was on the seat at the relevant point of time, did not hold valid driving licence and thereby, the conditions of insurance policy were violated. Other grounds were also urged.

(2.) Through order, dated 30.12.2004, the Commissioner awarded a sum of Rs.2,54,000/- as compensation with interest from the date of filing of the W.C. Case. The said order is challenged in this appeal.

(3.) Sri E.Venugopal Reddy, learned counsel for the appellant, submits that the liability for the appellant would have arisen if only the vehicle was driven by a person holding valid driving licence and that in the instant case, the specific plea that the driver did not hold valid licence remained unrebutted. He further submits that the Commissioner erred in awarding the interest from the date of petition. He has placed reliance upon the decided cases.