V.SEKHAR REDDY Vs. M/S. BHAGYANAGAR ROADLINES

JUDGEMENT

(1.) This appeal is by the claimant who had sought compensation of Rs.1,00,000/- from respondent No.1-employer and respondent No.2- Insurance Company. The said claim was adjudicated and a compensation of Rs.52,480/- was awarded as against respondent No.1, while the claim was dismissed as against respondent No.2. The present appeal is filed seeking enhancement against both the respondents.

(2.) In this appeal the employer against whom the award was passed is arrayed as respondent No.1, but the appeal stood dismissed against him by order, dated 14.02.2002. The claim was not allowed so far as respondent No.2 is concerned on the ground that while the claimant was holding licence-Ex.P4 authorising him to drive light motor vehicle, the accident was caused when he was driving Ashok Leyland Tanker bearing No. AP 9T 5116, which is a heavy vehicle. Since the claimant was not authorized to drive heavy vehicle, the Commissioner gave a finding that there was violation in the terms and conditions of the policy and dismissed the claim against respondent No.2.

(3.) Though the facts and circumstances of the case show that the appellant/claimant suffered amputation of left leg below knee with the functional disability and his claim seeking to treat the said injury as loss in earning capacity to the extent of 100% would have been considered in the appeal, keeping in view the fact that the appeal already stood dismissed against respondent No.1 and the claim against respondent No.2 was negatived by the Commissioner himself in view of violation of terms and conditions of the policy, no relief can be granted to the appellant.