Workmen compentation Act 1923
Jatin Agarwal
(Querist) 30 December 2009
This query is : Resolved
Please tell me in a case a person who is a truck driver who was not holding any driving license met with an accident in which he got injuries, My query is that weather he is entitled for any sort of compensation under the provisions of WC Act 1923. It will be grateful if also provided with the case law.
Raj Kumar Makkad
(Expert) 31 December 2009
Valid Driving license is an essential document to be possessed by any driver while plying the vehicle on public road and in the given case, such driver without having such license even though sustained injuries during the course eof employment is not entitled to claim any compensation.
Kiran Kumar
(Expert) 31 December 2009
some time back i read a judgment that it is the duty of the owner to check the authenticity of the license, though I have not been able to find that judgment now but its a good point to discuss.
contrary to Mr. Makkad then owner has to be liable under the WC Act.
lets c what other Ld. members say.
Sunita Lad
(Expert) 31 December 2009
The driver of the vehical is required to obey the directions of his employer. Therefore, the employer cannot escape the liability of paying compensation to the employee , if he is injured or to his dependents if he dies in the course of his employment.it is the duty of the owner to ensure that duly authorised driver would drive the vehicle. There is a reported case of Bombay High court in this regard.
H. S. Thukral
(Expert) 01 January 2010
In WC Act it is the liability of the employer to pay compensation in case of certain employment injuries and death of workman/employee. The compensation becomes payable from the date of accident. The employee shall be entitled to compensation from the employer. This is opinion in case if there is no license at all as mentioned in the query. Though the facts are not clear in the query, if the driver is not holding any license to drive and yet employer asked him to drive would make difference from where the driver is holding a fake license and makes the employer to believe that it is a valid and genuine. Latter can be held to be a disobedience of lawful instructions of the employer, an exception to the liability.
