SANJAYKUMAR Vs. DILIPKUMAR

JUDGEMENT

(1.) AGGRIEVED by the order of the Tribunal, holding the owner liable to satisfy the award, this appeal is filed by the owner.

(2.) THE Tribunal while considering the question of licence, was of the view that the driver was required to possess a driving licence with a transport endorsement. The vehicle in question was a tractor. The trailer was not attached to it. The tractor cannot be considered as a transport vehicle. Admittedly, the driver of the tractor was holding a licence with an endorsement of a light motor vehicle non -transport. Under these circumstances only because the tractor was involved, the Tribunal wrongly presumed that the same is to be considered as a transport vehicle. The same stands opposed to the judgment of Hon'ble Supreme Court reported in ACJ : 2001 (III) 1441 in the case of Nagashetty.vs. United India Insurance Co. Ltd., and others in para 10 of the aforesaid judgment. Consequently, the appeal is allowed. The judgment and award of the Tribunal is modified absolving the owner of the vehicle and the insurer is liable to satisfy the award.