Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Workmen’s Compensation Act 1923 – |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Employee’s Compensation Act, 1923 (8 of 1923) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Workmen’s Compensation Act, 1923 – The first respondentwas driving the vehicle as the driver of the appellant for almostthree years without renewing licence – The first respondent-drivermet with an accident while driving a truck and suffered 20 per centpermanent disability – He sought compensation under theWorkmen’s Compensation Act, 1923 – The aspect of non-validity ofthe driving licence weighed with the High Court and while passingthe impugned judgment absolved insurance company of any liabilityand fastened the same upon the appellant-owner on account ofbreach of insurance policy – On appeal, held: This Court is incomplete agreement with the views taken by the Delhi High Courtin Tata AIG General Insurance Co. Ltd. v. Akansha & Ors., the AllahabadHigh Court in the Oriental Insurance Co. Ltd. v. Manoj Kumar & Ors.,and the Himachal Pradesh High Court in National Insurance Co.Ltd. v. Hem Raj & Ors., with the culmination being the elucidationof the correct legal principle in the judgment in Hem Raj – It wasobserved in Hem Raj case that the owner must show that he hasverified the licence – He must also take reasonable care to see thathis employee gets his licence renewed within time – It is no defencefor the owner to plead that he forgot that the driving licence of hisemployee had to be renewed – In the instant case, the appellant-owner permitted to let the first respondent-driver drive the truckwith an expired licence for almost three years – It is a case of lackof reasonable care to see that the employee gets his licence renewed,further, if the original licence is verified, certainly the employerwould know when the licence expires – The appellant has to, thus,bear responsibility and consequent liability of permitting the driverto drive with an expired licence over a period of three years – Theinitial lack of care by the first respondent in not renewing the drivinglicence would be present, but the lack of care of the appellant asthe employer would also arise. |
Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul |
Neutral Citation | 2020 INSC 560 |
Petitioner | Beli Ram |
Respondent | Rajinder Kumar & Anr. |
SCR | [2020] 11 S.C.R. 31 |
Judgement Date | 2020-09-23 |
Case Number | 7220-7221 |
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