UNITED INDIA INSURANCE CO. LTD. Vs. DIVYASHREE

JUDGEMENT

(1.) These appeals are filed by the insurer challenging the liability.

(2.) The ground of attack in all these appeals is that the driver of the offending vehicle did not possess the requisite endorsement on the licence and therefore, the Insurance Company cannot be saddled with the liability to pay the compensation.

(3.) It is no longer in dispute that mere absence of an endorsement in a driving licence to drive a transport vehicle cannot be a ground for the Insurance Company to escape its liability. This issue is now settled by the decision of the Hon'ble Supreme Court rendered in the case of Mukund Dewangan v. Oriental Insurance Co. Ltd. , 2017 AIR(SC) 3668. In this view of the matter, the ground sought to be raised in these appeals cannot be sustained and the same is accordingly rejected. As a consequence, all these appeals are dismissed.