RAMU AND ORS. Vs. S. VENKATACHALAM AND ORS.

JUDGEMENT

(1.) The appellants are the claimants in W.C. No. 53 of 2003 on the file of the Commissioner for Workmen Compensation (Deputy Commissioner of Labour), Madurai. They are the parents of the deceased Mahendran. The deceased Mahendran was employed as a driver in the Mini Lorry bearing Registration No. TN 65-8917 owned by the 1st respondent insured with the second respondent. On 05.02.2003, the Mini Lorry met with an accident and he died in the accident that arose out of and in the course of employment.

(2.) The Deputy Commissioner of Labour passed an order dated 17.02.2005 directing the 1st respondent/owner of the Mini Lorry to pay compensation of Rs. 3,41,443/- including Rs. 2,500/- towards funeral expenses. The liability was not fastened on the 2nd respondent insurance company on the sole ground that the deceased Mahendran did possess only a licence to drive light motor vehicle and he could not drive Mini Lorry without badge. Hence, the 2nd respondent is not liable to pay compensation.

(3.) Before the Deputy Commissioner of Labour, the 2nd appellant/mother of the deceased was examined as PW1 and Exs. A1 to A7 were marked. On the side of the 2nd respondent insurance company, two witnesses were examined and Exs. R1 and R2 were marked.