The facts of the case are that working as a driver on truck no. GJ-12U-9004 insured with the respondent-insurance company, the appellant was involved in an accident on 04.01.2002. Aggrieved, the claimant claimed compensation for the accident under the Act of 1923 before the WCC. The case of the appellants was that having lost the right leg below knee to amputation in the accident of 04.01.2002, he was entitled to compensation of Rs. 4,00,000. The monthly salary was given out as Rs.5,000 and the age as 24 years at the time of the accident. The registered owner of the insured vehicle involved in the accident did not appear before the WCC despite notice. The insurance company, as the other non-applicant before the WCC, admitted to Truck No. GJ-12U9004 being insured. It was however submitted that there was no proof of the claimant having been employed as driver on the insured truck. It was further submitted that the insured did not inform the insurance company of the factum of the accident of the truck on 04.01.2002 which was in breach policy conditions entitling it to be absolved of all liability. The defence of the claimant not having a valid driving license at the time of accident was also set up by the insurance company to escape the liability towards compensation.
