NATIONAL INSURANCE CO Vs. SHEELA

JUDGEMENT

(1.) THE claimant respondent Smt. Sheela lodged a petition under the provisions of the Workmen's Compensation Act, 1923 (for short `1923 Act') before the Workmen's Compensation Commissioner Dausa (for short `commissioner') with the averments that her husband Dilip Chand @ Duli Chand, who was employed as a driver on Truck No. RJ-29/g- 0205 owned by respondent Rameshwar Prasad, met with an accident in the course of his employment and expired on July 20, 1997. THE Commissioner vide judgment dated October 31, 2001 allowed the petition and awarded compensation in the sum of Rs. 1,78,490/- along with the interest at the rate of 12% from July 20, 1997. THE National Insurance Company, who was joined as respondent before the Commissioner, assailed the said award by filing appeal under Section 30 of the 1923 Act in the High Court Learned Single Judge vide order dated April 11, 2002 dismissed the appeal. THE appellant National Insurance Company in the instant Special Appeal seeks to quash the aforequoted orders of the Commissioner and the learned Single Judge.

(2.) IT is contended by learned counsel for the appellant that not only the owner of the impugned vehicle but also the deceased driver had violated the provisions of the Motor Vehicle Act, 1988 (for Short `m. V. Act') as well as the terms and conditions of the Insurance policy by having driven the insured truck while possessing a licence which stood expired on the date of accident. Since the victim was the driver himself who drove the insured truck without having a valid driving licence in violation of the terms and condition of the contract of insurance, the appellant cannot be held liable. IT is further urged that ratio indicated in New India Assurance Co. vs. Kamala (1), is not applicable to the facts of the instant case.