NARSINGH RAJPUT Vs. USANT KUMAR VERMA

JUDGEMENT

(1.) This miscellaneous appeal has been preferred by the owner under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') against the award dated 30.10.2013 passed by Additional Motor Accident Claims Tribunal, Khairagarh (hereinafter referred to as 'the Claims Tribunal') in Claim Case No. 23/2012 by which, the claim petition, filed by the applicant Rituraj Chandel, was allowed in part while awarding him amount of compensation to the tune of Rs. 84,469/- with 6% interest per annum from the date of claim petition till its realization.

(2.) Shri Praveen Dhurandhar, learned counsel for the appellant submits that while passing the award impugned, the Claims Tribunal has committed an illegality in holding that the driver of the offending vehicle was not holding valid driving license merely on the ground that an endorsement authorizing him to drive the transport vehicle is not mentioned in his driving license (Ex.D.1) and, thereby erred in exonerating the insurance company from its liability. It is contended by him that the vehicle in question is a light motor vehicle and therefore, even in absence of endorsement as such, he is entitled to drive the said transport vehicle as unladen weight of the vehicle in question is not exceeding 7500 kg as provided under Section 2(21) of the Act. In support, he placed his reliance upon the decision rendered in "Mukund Dewangan Vs. Oriental Insurance Company Limited, (2017) 14 SCC 663" .

(3.) On the other hand, Shri N. K. Malaviya, learned counsel for the Respondent No. 3/The Oriental Insurance Company Limited, while supporting the award impugned submits that the driver of the offending vehicle was authorized to drive the light motor vehicle only and, in absence of any endorsement authorizing him to drive the transport vehicle in his driving license (Ex.D.-1), it cannot be held that he was holding an effective and valid driving license to drive the same and as such, the learned Claims Tribunal has not committed any illegality in exonerating the Insurance Company from its liability.