NATIONAL INSURANCECO LTD Vs. RAM BAI

JUDGEMENT

(1.) HEARD.

(2.) BRIEF facts are that on 1. 12. 1997, a minibus bearing No. MP 24-C 2614 being driven by respondent No. 3, upon bursting of a tyre, turned turtle causing injuries to claimants-passengers. Injured passengers-claimants preferred applications for compensation. Learned Addl. Motor Accidents claims Tribunal, Bemetara passed a common order dated 3. 10. 2001 and awarded compensation to the victims as under:

(3.) IT is not disputed by the learned counsel for the appellant insurer that the ill-fated minibus was under a policy of insurance by the appellant on the date of the accident. The fact that the claimants mentioned above were passengers in the minibus and sustained injuries due to the bus turning turtle and that the respondent no. 3 driver had a valid driving licence for driving light motor vehicle are also not disputed. Learned counsel for the appellant also contended that the insurance company is willing to pay the entire compensation as awarded by the learned Motor Accidents claims Tribunal. The only point urged by the learned counsel for the appellant in this appeal is that since Ramesh Kumar Sahu, the driver of the ill-fated minibus did not possess a valid driving licence for driving commercial vehicles or heavy motor vehicles but possessed only a valid licence to drive a light motor vehicle, the insurer had satisfactorily proved its defence in accordance with the provisions of section 149 read with sub-section (7) of the Motor Vehicles Act, 1988 and, therefore, the learned m. A. C. T. ought to have granted the right to the insurer to recover from the owner of minibus, i. e. , Kishanlal, respondent No. 2 the compensation paid by it under the award. Reliance was placed on National insurance Co. Ltd. v. Swaran Singh, 2004 acj 1 (SC ).