NEELKANTHAPPA AND ORS. Vs. BASAMMA AND ORS.

JUDGEMENT

(1.) This appeal is directed against the judgment and award passed by the Motor Accident Claims Tribunal, Gulbarga in MVC No. 934/2010.

(2.) Sri Babu. H. Metaguuda, learned counsel appearing for the appellants/claimants would contend that the Tribunal erred in exonerating the insurer from the liability to satisfy the award. Learned counsel would contend that the Tribunal fastened the liability on the owner mainly on the ground that on the date of the accident the fitness certificate issued by the authorities relating to the offending vehicle had expired. It is submitted that the insurer is permitted to take the defence as available under Sec. 149(2) of the Act to escape the liability, no other defence is permissible under the law for the insurer to absolve from the liability.

(3.) Learned counsel would contend that the Tribunal without appreciating this relevant factor exonerated the insurer from the liability. It is contended that the driver of the offending vehicle had the valid and effective driving license as per Ex. P2 at the time of the accident. Brushing aside this crucial evidence, Tribunal has wrongly come to the conclusion that the driver of the offending vehicle had no valid and effective driving license at the time of the accident to drive the Tom Tom goods auto rickshaw. My attention was drawn to Sec. 10 of the Motor Vehicles Act, 1988 (the 'Act' for short) to emphasize that transport vehicle is only one class of vehicle mentioned under Sec. 10(e) of the Act. Further, a reference is also made to the notification issued by the Central Government under Sec. 41(4) of the Act dated 05.11.2004, to contend that, three wheeled vehicles for transport of passenger/goods comes under the class of transport vehicle. In the situation, the driver who was authorized to drive an auto rickshaw cab is also entitled to drive the auto rickshaw goods vehicle, which falls under the same class of transport vehicle. In support of his contention learned counsel placed reliance on the following judgments;