DIVISIONAL MANAGER ORIENTAL INSURANCE Vs. SURESH KUMAR SHIVHARE

JUDGEMENT

(1.) THE appellant, Insurance Compnay, has preferred this appeal against the award dated 15th September, 2006 passed in Claim Case no. 20/04 whereby learned Additional Motor accident Claims Tribunal (F. T. C. ). Bilaspur has awarded a sum of Rs. 1,00,000/- with interest at the rate of 9% per annum from the date of application i. e. 16th March, 2004 to the respondent No. 1/claimant for the injuries sustained by him in the motorvehicle accident dated 23rd June, 2003 involving Bus No. M. H. 27-A/9167, owned by respondent No. 3 driven by respondent No. 2 and insured by the appellant for the relevant period and has held the appellant/insurer also jointly and severally liable for satisfying the impugned award. Grievance of the appellant/insurer is that respondent No. 2 was having driving licence to drive L. M. V. (Light Motor Vehicle) at the time of accident and he was driving passenger bus of H. G. V. (Heavy Goods Vehicle) category, thus the owner deliberately allowed respondent no. 2 who was not having valid and effective driving licence to drive the vehicle at the time of accident and as such, committed a breach of policy condition.

(2.) RELIANCE is placed on the judgments in the matters of Ishwar Chandra and others v. The Oriental Insurance Co. Ltd. and others, and National Insurance Co. Ltd. Kusum Rai andothers.

(3.) ON the other hand, learned Counsel for respondent No. 3 submitted that respondent no. 2/driveratthe time of accident was holding licence to drive light motor vehicle, he was entitled to drive light motor vehicle having a weight not exceeding 7500 kg. There is no evidence that the vehicle involved in the accident weighed more than 7500 k. g. and since there is no evidence as to weight of the mini bus, it cannot be said that there was any breach of conditions of the insurance policy.