UNITED INDIA INSURANCE CO LTD Vs. NOORA

JUDGEMENT

(1.) This order will govern C.I.M.A. No. 32 of 2001 presented by Mr. N.H. Khuroo, Advocate, on behalf of appellant in terms of section 30 of Workmen's Compensation Act, by medium of which the appellant has assailed the judgment passed by Commissioner, Srinagar under Workmen's Compensation Act, in the claim titled Noora v. Ghulam Mohammad Khan, on the grounds taken in the memo of appeal. It is profitable to give a flashback of the case the womb of which has given birth to the present appeal.

(2.) It seems that Noora and others have filed an application before Commissioner under the Workmen's Compensation Act for grant of compensation to the tune of Rs. 4,00,000. Respondent No. 2 caused appearance and filed objections before the Commissioner. The respondent No. 1 has admitted on 17.4.1999 in the court below that the deceased Ghulam Qadir Khan was in his employment and died during the course of employment and the vehicle was insured by respondent No. 2.

(3.) Respondent No. 2 has filed objections. The respondent No. 2 resisted the claim in terms of the objections. The main defence of the respondent No. 2 is that the deceased was not having a valid licence.