M/S.United India Insurance ... vs Smt.D.Padmavathi And Anr
2021 Latest Caselaw 845 Tel

     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

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

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