Kerala High Court
Mr.Paily vs E.K.Mohanan on 16 July, 2008
Author: Koshy
Bench: J.B.Koshy, P.N.Ravindran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA.No. 558 of 2003(A)
1. MR.PAILY, S/O. VARKEY,
... Petitioner
2. MARIYAMKUTTY, W/O. PAILY,
Vs
1. E.K.MOHANAN,
... Respondent
2. THE NEW INDIA ASSURANCE CO. LTD.,
For Petitioner :SRI.T.K.RADHAKRISHNAN
For Respondent :SRI.LAL GEORGE
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :16/07/2008
O R D E R
J.B. Koshy & P.N.Ravindran, JJ.
-------------------------------------- M.F.A. No.558 of 2003
--------------------------------------- Dated this the 16th day of July, 2008 Judgment Koshy,J.
Son of the appellants while driving a lorry sustained injuries when the lorry slipped and fell down into a canal. He died in the accident. Appellants applied for workmen compensation under section 22 of the Workmen's Compensation Act. Among various contentions taken up by the insurance company, one of the contention was that the deceased had no valid driving licence and, therefore, it is not liable to indemnify the insured. If it is third a party liability, we could have directed the insurance company to deposit the amount and recover it from the insured as third party liability is statutory, but, here, motor accident victim is the driver of the vehicle himself and if there is no valid driving licence, insurance company is not liable to pay the compensation under the Workmen's Compensation Act to the unlicensed driver. Further, the employer did not question the award M.F.A.No.558/2003 2 and liability is cast on the employer. On the facts and circumstances of the case, we dismiss the appeal.
J.B.Koshy Judge P.N. Ravindran Judge vaa J.B. KOSHY AND P.N.RAVINDRAN,JJ.
------------------------------------- M.F.A. No.558 of 2003
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Judgment Dated:16th July, 2008