GOVERDHAN BARDHAR,J. - (1.) This Misc. appeal has been filed under Section 30 of Workman Compensation Act, 1923, against the award dated 16.2.2012, passed by the Commissioner Workman Compensation Authority, Jaipur District (First) Jaipur, in claim petition no. WCC/F/80/2009, whereby the claim petition filed by respondents No. 1 to 3 has been allowed and a sum of Rs 3.32,055/- has been awarded to them along with interest @ 12% p.a from 15.10.2007.
(2.) The brief facts of the case are that a claim petition was filed by the claimants/respondents No.1 to 3 stating that deceased was Khaklasi on the Truck No. RJ-02-GA 0936 and on 16.9.2007, the deceased Nemi was sleeping near the truck, in the morning about 6:00 AM when the driver drove the truck which ran over the body of the deceased. It was further stated in the claim petition that at the time of accident deceased was 22 years old and earning salary of Rs. 4,000/- per month along with Rs. 1,000/- per month as allowance. After hearing counsel for the parties and analyzing the material on record awarded compensation as stated above.
(3.) Learned counsel for the appellant has argued that the driver was not holding valid driving license, permit and fitness certificate and therefore on account of breach of terms and conditions of the policy, the appellant company could not be fastened the liability to indemnify the award amount. He has further argued that the claim was not maintainable on the basis of the non-compliance of section 10, since no notice as per the provision was served upon the insurance company. He has further argued that the claimants are entitled for compensation only in case if the provisions and the conditions of the insurance policy are not violated and the claim is payable in accordance with the contract executed between the insured and the insurer.;