BAJAJ ALLAINZ, GENERAL INSURANCE CO. LTD. GROUND FLOOR, - 31, TBR TOWER, I CROSS NEW MISSION ROAD, ADJACENT TO BANGALORE STOCK EXCHANGE, BANGALORE BY ITS SENIOR MANAGER Vs. PRAKASH S/O CHOTHA

JUDGEMENT

(1.) APPEAL is by the insurer - Bajaj Allainz General Insurance Co Ltd., challenging the fastening of liability by the MACT, Bangalore in MVC 819/2009 on 16.1.0.2009.

(2.) THE claimant one Prakash, sustained accident injuries. - on 14.12.2008 while he was crossing the B B Road in front of Venkatala Bus Stop, Yelahanka Bangalore due to the rash and negligent driver of the Maxi Cab. Due to the accident, claimant suffered grievous injuries and claming that he has been permanently disabled and it is affecting his avocation, he filed a claim petition before the Tribunal. The Tribunal holding that the accident occurred due to the negligence of the drives of the maxi cab, held the owner of the vehicle as also the insurer as liable to pay the entire compensation and since there was insurance coverage, directed the insurance company to deposit the entire compensation of Rs.2,05,300/ - with interest at 6% p.a. Challenging the fastening of liability, the insurance company is before this Court.

(3.) IT is the contention of the appellant's counsel, the driver of the vehicle had no valid/effective license to drive the maxi cab and he had license only to drive a motor cab and that too had expired as on the date of the accident. In support of her contention, counsel has relied upon the decision in Oriental Insurance Co. Ltd. Vs. Angad Kol and Others, AIR 2009 SC 2151 wherein in para 10 of the said judgment, it is observed, a transport vehicle may be a 'light motor vehicle' but for the purpose of driving the same, a distinct license is required to be obtained. Also a distinction between transport vehicle and passenger vehicle can be noticed in Section 14(2) of the Act which provides for duration of a period of three years in case of an effective license to drive a 'transport vehicle' whereas in case of any other license, it may remain effective for a period of twenty years. On this ground, counsel contended in the case on hand the driver had no effective driving license to drive a maxi cab and the license issued to him to drive the motor cab had expired as on the date of the accident.