NEW INDIA ASSURANCE CO LTD Vs. MEENA JASUJA

JUDGEMENT

(1.) HEARD finally.

(2.) IN this appeal arising out of an award dated 9-10-2007 passed by the Twelfth additional Motor Accidents Claims Tribunal, (Fast Track Court), Raipur (henceforth the mact) in Claims Case No. 34 of 2007, the short question which arises for determination is whether the learned MACT erred in fastening liability on the appellant/insurance company to pay compensation as the respondent No. 3/driver did not possess a valid driving licence to drive a passenger carrying commercial vehicle.

(3.) ADMITTEDLY, the respondent No. 3/ driver possessed a licence only to drive light motor vehicle (for short "lmv") and there was no endorsement on licence Ex. D-1 authorizing him to drive a transport vehicle or a passenger carrying commercial vehicle. It is also not disputed that the offending bus i. e. Mini Bus bearing Registration No. CG-04/d/4509 (henceforth "the Minibus") was insured as a passenger carrying commercial vehicle under policy Ex. D-2 on the date of the accident. Admittedly on 22-11-2006 at about 1. 30 p. m. due to rash and negligent driving of Minibus by the respondent no. 3. Rounak Jasuja, aged about 1 and 16 years got crushed underneath the Minibus and died. The tribunal awarded compensation of Rs. 1,65,000/-jointly and severally against the appellant and the respondents No. 3 and 4.