IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 MFA.No. 558 of 2003(A) -------------------------------- WCC.106/1998 of THE COMMISSIONER FOR WORKMEN'S COMPENSATION , ERNAKULAM . .................... APPELLANTS: PETITIONERS: ----------------------- 1. MR.PAILY, S/O. VARKEY, THEKKEMALY HOUSE, RAYAMANGALAM VILLAGE, RAYAMANGALAM KAKRA, ERNAKULAM DIST. 2. MARIYAMKUTTY, W/O. PAILY, THEKKEMALY HOUSE, RAYAMANGALAM VILLAGE, RAYAMANGALAM KARA, ERNAKULAM DIST. BY ADV. SRI.T.K.RADHAKRISHNAN RESPONDENTS: RESPONDENTS: ------------------------- 1. E.K.MOHANAN, INJAKKAL HOUSE, VAIKKARA P.O., VAIKKARA. 2. THE NEW INDIA ASSURANCE CO. LTD., BRANCH OFFICE, ST.JOSEPH BUILDING, PERUMBAVOOR-683 542. ADV. SRI.LAL GEORGE FOR R2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 16/07/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss J.B. Koshy & P.N.Ravindran, JJ. -------------------------------------- M.F.A. No.558 of 2003 --------------------------------------- Dated this the 16th day of July, 2008 Judgment Koshy,J. Son of the appellants while driving a lorry sustained injuries when the lorry slipped and fell down into a canal. He died in the accident. Appellants applied for workmen compensation under section 22 of the Workmen’s Compensation Act. Among various contentions taken up by the insurance company, one of the contention was that the deceased had no valid driving licence and, therefore, it is not liable to indemnify the insured. If it is third a party liability, we could have directed the insurance company to deposit the amount and recover it from the insured as third party liability is statutory, but, here, motor accident victim is the driver of the vehicle himself and if there is no valid driving licence, insurance company is not liable to pay the compensation under the Workmen’s Compensation Act to the unlicensed driver. Further, the employer did not question the award M.F.A.No.558/2003 2 and liability is cast on the employer. On the facts and circumstances of the case, we dismiss the appeal. J.B.Koshy Judge P.N. Ravindran Judge vaa J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- M.F.A. No.558 of 2003 ------------------------------------- Judgment Dated:16th July, 2008