marked. The learned counsel for the appellant has submitted that a notice was issued to the respondent No.2 questioning the details of the driving license but there was no response from him. The record shows that the notice sent to the respondent No.2 was not served. At the instance of claimant, the learned Commissioner permitted him to publish the notice in Janatha for service. As there was no response, respondent No.2 was set ex parfe. As could be seen from the orcJer impugned in this appeal, the learned Commissioner considered all the objections raised by the appellant herein. In para No.15 of the order, the learned Commissioner has stated that the appeilant herein did not prace any materiar on record to show that the deceased was not having a valid driving license. whire rerying on a ludgment in -united rndia rnsurance company Limited v. vakiti Balraju and othersl , wherein it was observed that ,, in the absence of any evidence with regard to the objection about the possession of a valid driving iicense by the driver hardty woutd be of any relevant in determining the tiabirity arising on the death of another workman,,. There is no dispute about the employment of the deceased and there is no material as rightly observed by the learned Commissioner to believe that the deceased driver was not having
