NATIONAL INSURANCE CO LTD Vs. ZAHIDA BEGUM

JUDGEMENT

(1.) NATIONAL Insurance Company Limited has filed this appeal questioning Commissioner, Workmens Compensation Act, Assistant Labour Commissioner, Kishtwars Award dated 24.10.2007 whereby an amount of Rs.4,07,700/ - has been awarded to the respondents as compensation for the death of Mohd. Ayub Sheikh who died during the course of his employment with Rajeev Kumar, respondent no. 7, as driver of Vehicle No. JK02K -1540 which met with an accident on its way from Kishtwar to Paddar near Naw Natnoo Morh.

(2.) APPELLANTS learned counsel Mr. D.S. Chauhan submitted that the appellant Insurance Company was not liable to indemnify the owner and satisfy the award, in that, the vehicle in question, had been driven by a person who did not hold a valid Driving License, at the time of the accident. Learned counsel refers to Ram Babu Tiwari vs. United India Insurance Co. Ltd and ors, reported as 2008 AIR SCW 6512 to support his submission.

(3.) LEARNED counsel appearing for the claimants, on the other hand, urged that the judgment cited by the appellants learned counsel has no application to the facts of the present case because the Insurance Company had failed to produce any evidence to prove that the driver of the vehicle did not possess valid Driving License, despite having been provided sufficient time to prove the issue raised on the aforementioned plea.