THE HON' BLE SRI JUSTICE CHALLA KODANDA RAM
C.M.A.No. 757 of 2013
JUDGMENT:
This Appeal is filed by the Insurance Company against the order dated 27.11.2003 in W.C.No. 14 of 2003 on the file of the Assistant Commissioner of Labour-II, Hyderabad, mainly on the ground that the deceased - employee did not have valid driving licence at the relevant point of time.
The wife of the deceased employee laid a claim before the Assistant Commissioner of Labour for Rs.3,00,000/-. Her case was that her husband Sri D. Balraj was in employment with the 2nd respondent on an auto bearing Registration No. ABT 2929, during the course of which, on 24.11.2001, at about 08.30 p.m., the auto had skid and turned upside down to left side and that her husband sustained injuries and succumbed to the same. The applicant claims that her husband used to receive Rs.3,000/- per month and batta per day at Rs.20/-.
The Assistant Commissioner took the wage of the employee as Rs.2569.50 Ps. and applied relevant factor 184.17 and awarded the compensation + Advocates fee (1,000/-) to be paid by the insurer and employer jointly and severally as Rs.2,37,612/-.
Learned counsel for the appellant fairly submits that the only point which requires to be considered in the Appeal is 'whether the licence of the deceased was valid as on the date of the accident'.
To support the claim of the applicant, original copy of the licence of the deceased was placed before this Court. It discloses 2 that licence was granted as far back as in 1977 and the same was renewed from time to time till 16.11.2001. The contention of the learned counsel for the appellant is that thereafter the licence was not renewed, hence, the Insurance Company is not liable to pay the compensation. The said contention is rejected outright for, there is a grace period for seeking renewal of the licence. This Court can also take judicial notice of the fact that even after one applies for renewal of licence, the Authorities take some time for processing the Application. In this case, the accident occurred on 24.11.2001, so the intervening period of seven days would fall within the grace period.
The Appeal is therefore, dismissed. No costs. Miscellaneous applications, if any pending, shall stand closed.
____________________________ CHALLA KODANDA RAM, J 18th March 2021 ksld 3