The United India Insurnace ... vs Smt. Yadamma And 2 Others
2021 Latest Caselaw 3479 Tel

     THE HONOURABLE SMT. JUSTICE P. MADHAVI DEVI

      CIVIL MISCELLANEOUS APPEAL NO.877 OF 2007

JUDGMENT:

This Civil Miscellaneous Appeal has been filed by Opposite

Party No.2-Insurance Company challenging the Award of the

Commissioner for Workmen's Compensation and Assistant

Commissioner of Labour-I, Hyderabad, in W.C. No.156 of 2006,

dated 11.09.2007.

2. The said WC was filed by the parents of the deceased-

T. Parvathalu against the employer and owner of the van bearing

No.AP11U-3403 and the insurer of the van i.e., the United India

Insurance Company Limited.

3. Heard Sri A. Ramakrishna Reddy, learned counsel for the

appellant/insurance company. Perused the material available on

record.

4. In this appeal, though the learned counsel for the insurance

company has raised number of grounds as substantial questions of

law, his main contention is that the deceased-driver was holding a

light motor vehicle licence non-transport, whereas at the time of

accident he is driving the transport goods vehicle and therefore, the

applicants are not entitled to claim any compensation.

5. It is seen that the issue is covered by the decision of Hon'ble

Supreme Court of India in the case of Mukund Dewangan Vs.

Oriental Insurance Company Limited1, wherein it is held that

where a person holding a licence for driving a particular type of

vehicle, drives the transport vehicle of similar category of vehicles, it

cannot be said that he has violated the conditions of insurance policy.

Thus, he cannot be denied the compensation on account of injuries

sustained by him during the course of his employment. In this case,

the driver was holding a licence to drive non-transport LMV, while he

was driving a transport LMV and died in the course of his

employment with opposite party No.2 and therefore, this Court does

not find any reason to interfere with the award of the learned

Commissioner.

6. The Civil Miscellaneous Appeal is accordingly dismissed.

No order as to costs.

7. Pending miscellaneous petitions, if any, in this CMA shall also

stand dismissed.

___________________________ JUSTICE P. MADHAVI DEVI

Date: 15.11.2021 Isn

(2017) 14) SCC 663