GEETA DEVI Vs. SANJEEV CHAUHAN

JUDGEMENT

(1.) This case clearly shows the shocking state of affairs existing in the offices of the Registering and Licensing Authority who are issuing and renewing licences without following the provisions of the Motor Vehicles Act and the rules framed thereunder or even the basic rules of common sense.

(2.) F.A.O. No. 158 of 1999 has been filed by the insurance company against the award of the Commissioner, Workmen's Compensation (Urban) (SDM, Urban), Shimla (for short 'the Commissioner'), decided on 8.12.1998. The claimants have filed F.A.O. No. 98 of 1999 for enhancement of compensation.

(3.) The facts necessary for the decision of the case are that Geeta Devi and Balbir Singh being the parents of Ajit Singh filed a petition for grant of compensation under Workmen's Compensation Act (hereinafter referred to as 'the Act'). The allegations were that their son Ajit Singh was employed by Sanjeev Chauhan and Rajiv Chauhan as driver on the mini truck bearing No. HP-21 0407. Deceased met with an accident while driving the said truck. The owners of the truck did not deny the accident. They admitted the accident and also averred that they were paying a salary of Rs. 2,000 per month to the deceased. Insurance company took up the plea that the deceased did not have a valid driving licence and as such the insurance company was not liable to pay compensation.