NATIONAL INSURANCE CO. LTD Vs. RAMPYARI

JUDGEMENT

(1.) THIS appeal arises out of award dated 23.01.2001 passed by the Commissioner, Workmen Compensation, Sri Ganganagar ('Commissioner'), whereby, the claimants have been awarded a sum of Rs.2,24,000/- alongwith interest @ 12% and no penalty has been imposed for the death of one Amar Singh.

(2.) THE facts in brief are that the claimants filed the present claim petition, inter alia, with the averments that deceased Amar Singh was employed on the Truck No.RJ13-G-2966 as driver and when on 05.05.1996 he was driving the vehicle, the vehicle met with an accident and Amar Singh suffered grievous injuries and succumbed to the said injuries on the same day, the deceased used to earn Rs.2,000/- per month and was aged 20 years.

(3.) THE respondent No.2 - appellant Insurance Company filed its reply and denied all the averments made in this regard. It was claimed that deceased Amar Singh had no valid and effective driving licence and the owner of the vehicle despite being aware of this deficiency permitted the driver to drive the vehicle, which is a violation of policy conditions; it was alleged that deceased himself was driving the vehicle rashly and negligently and, therefore, the Insurance Company was not liable to pay the amount of Compensation.