NATIONAL INSURANCE COMPANY LIMITED Vs. SAKAMMA AND OTHERS

JUDGEMENT

(1.) THE above appeal is preferred by the Insurance Company questioning the liability arising out of the accident concerned in M.V.C. No. 1838 of 1994 on the file of the II Additional District Judge and MACT, Chitradurga, on the ground that the driver of the offending vehicle did not have valid and effective driving licence to drive a goods vehicle.

(2.) IT is not in dispute that Veeranna who was driving the offending lorry was having only Light Motor Vehicle License without any endorsement to drive a transport vehicle.

(3.) THIS Court held in a decision reported in Prakash Vs. Hanumanthraya and Others, ILR (1999) KAR 1671 as follows: Driver who had a license to drive L.M.V. caused the accident, while driving the transport vehicle - Claims Tribunal held that the insurance company is not liable to pay compensation as driver of the offending vehicle had no effective driving license. High Court has also held that the insured was not liable.