MAHANTGOUDA AYYANAGOUDA Vs. SHANTABAI AND OTHERS

JUDGEMENT

(1.) It is a owner's appeal aggrieved by the judgment and award of the Tribunal thereby absolving the insurer of the vehicle involved in the accident from it's liability to indemnify the owner, pertaining to the claim by the dependents of the person who died in the accident.

(2.) The short question that would arise for consideration in this appeal is whether the Motor Accident Claims Tribunal, Vijaypur (for short 'the Tribunal') was justified in exonerating the insurer from contractual obligation under the insurance policy solely on the ground that the driver of the vehicle did not possess transport endorsement on his driving licence LMV (NT).

(3.) This question is already answered by the constitutional bench of the Apex Court in the matter of Mukund Dewangan v. Oriental Insurance Company Limited and others reported in AIR 2017 SC (Civil) 2531 at paragraph Nos. 46 (I) to (IV) in the reference case and thus observed: