DIVISIONAL MANAGER Vs. ERAMMA; BHIMAPPA

JUDGEMENT

(1.) THIS is the appeal preferred by the appellant Insurance Company, challenging the liability fastened on it by the tribunal. The Insurance Company has also challenged the legality and correctness of the judgment and award passed by the tribunal on the grounds as mentioned in the appeal memorandum.

(2.) HEARD the arguments of learned counsel appearing for the appellant/Insurance Company and also the learned counsel appearing for the respondent/claimant.

(3.) LEARNED counsel for the appellant/Insurance Company during the course of her argument made the submission that the driver of the vehicle i.e., tractor -trailer was not having valid and effective driving licence as on the date of the accident. Hence, there was violation of terms and conditions of the policy by the owner of the vehicle. Therefore, the Insurance Company is not liable to pay the compensation amount. Learned counsel made the submission that the driver of the said vehicle was holding licence only in respect of light motor vehicle and he was not having licence so far as the trailer is concerned hence, learned counsel submits that the said vehicle becomes transport vehicle. Therefore, it is necessary to possess the licence for driving both tractor and trailer. In support of her contention, learned counsel for the appellant/Insurance Company has relied upon the judgments of the Hon'ble Supreme Court as well as this Court as follows: