ORIENTAL INSURANCE CO , LTD Vs. MUNNI

JUDGEMENT

(1.) The Insurer is in appeal challenging the Judgment and Order passed by the Motor Accident Claims Tribunal, Bellary ['Tribunal', for short], in MVC No.295/2012, whereas the claimants are before this Court seeking enhancement of compensation by filing Cross objections.

(2.) Briefly stated the facts are:

(3.) Learned Counsel appearing for the appellant/Insurer assailing the impugned Judgment and Award would contend that as per the proviso to Sec. 14[2][a] of the Motor Vehicles Act, 1988 ['Act', for short], the driver who was driving the transport vehicle carrying goods of dangerous and hazardous nature was required to follow procedures prescribed under the Act. That having not been done i.e., the driver had not taken the refresher course prescribed under the proviso to Sec. 14[2][a] of the Act with the renewal of the licence after one year to drive the hazardous vehicle, there was breach of the terms and conditions of the insurance policy. Though the transport vehicle is a tanker, it was meant for carrying goods of dangerous and hazardous in nature, hence the licence possessed by the driver of the offending vehicle was not valid. The respondent/Insured has committed breach of the policy conditions by authorizing the driver who had no valid and effective driving licence to drive the tanker. Thus, the learned Counsel seeks to exonerate the appellant/Insurer from the liability fastened on it to satisfy the Award.