ADAPPA BANDU MAGADUM Vs. RAMESH BHIMARAO SINDAGI

JUDGEMENT

(1.) The appeals in MFA No. 102942/2015 and MFA No. 102940/2015 are by the owner of the offending vehicle, on whom the liability is fastened on the ground that the driver of the vehicle did not possess the requisite endorsement on the Driving Licence.

(2.) It cannot be in dispute that merely because the driver did not possess the requisite endorsement, the Insurance Company would be exonerated of its liability. The Hon'ble Apex Court in the case of Mukund Dewangan v. Oriental Insurance Co. Ltd., reported in AIR 2017 SC 3668 has held that the merely because the driver of the vehicle did not possess the requisite endorsement to drive the transport vehicle that would not exonerate the Insurance company from its liability.

(3.) In that view of the matter, the finding of the Tribunal insofar as it relates to saddling the liability on the owner is set aside and the Insurance Company is directed to satisfy the award passed in favour of the claimants.