NAGAMMA Vs. AMAN

JUDGEMENT

(1.) THE driver of the offending vehicle was holding licence to driving licence to drive Light Motor Transport Passenger vehicle. THE driver had no licence to drive Light Motor Goods vehicle. THE Tribunal therefore held that the insurer is not liable to pay compensation in view of the breach of policy condition and dismissed the claim against the insurer.

(2.) IN fact, from the standpoint of the pedestrian, the skill of driving LMV passenger and LMV Goods vehicle is not different. Therefore, the contention that the driver did not have licence to drive LMV goods vehicle is not a ground to exonerate the liability of the insurer. The ratio laid down in Swaran Singh?s case (AIR 2004 SC 1531 ? National INsurance Company vs. Swaran Singh) squarely applies to the facts of this case. Accordingly, the appeal is allowed. The dismissed of the claim against the insurer is bad in law. It is directed that the compensation awarded shall be payable by the insurer.