Civil Appeal 7220/2011 Beli Ram Vs Rajinder Kumar Apex Court 23 September 2020
1. The Driver of a Truck claimed compensation under Work Man Compensation Act for injuries arising out of Accident impleading Owner as well as the Insurance Company.
2. The insurance company pleaded that the driver at the time of accident was not having a valid licence as his licence had not been renewed for the last three years and therefore owner was liable.
3. It has been held that as the owner has permitted to let the driver drive the truck with an expired licence for almost three (3) years therefore it is clearly a case of lack of reasonable care on the part of owner.
4. It was the duty of the owner to ensure that an employee gets his licence renewed and further if the original licence is verified by the owner himself at the time of employment then certainly the employer would know when the licence of the Driver expires.
5. The driver though himself at fault has been allowed Compensation under the Compensation Act from the owner absolving Insurer of the Liability.
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