NATIONAL INSURANCE COMPANY LTD Vs. AVNISH KUMAR

JUDGEMENT

(1.) This appeal is directed against the award dated 08.08.2007 passed by the learned Motor Accident Claims Tribunal whereby and where under the Appellant Insurance Company has been held liable to pay compensation to the Respondent No. 1 in the sum of ' 78,692/- along with interest @ 7.5% p.a.

(2.) Briefly delineated the facts are that the Respondent No. 1 received injuries in a road accident while travelling as a passenger in TSR bearing No. DL1R-F3281 being driven rashly and negligently and at a high speed by the driver, the Respondent No. 2 herein. The Respondent No. 1 filed a claim petition under Section 166 of the Motor Vehicles Act for award of compensation to the tune of ' 2.5 lacs. During the course of proceedings before the Tribunal, it was established beyond doubt that the vehicle was being driven by the Respondent No. 2 driver rashly and negligently. It was also established beyond doubt that the Respondent No. 2 driver was having a driving licence entitling him to drive a motor cycle and LMV(NT) only.

(3.) The sole contention of the learned Counsel for the Appellant Insurance Company, Mr. Manoj R. Sinha is that the learned Tribunal erred in fastening the liability of the award amount on the Appellant Insurance Company. Mr. Sinha contended that where the driver of the offending vehicle is driving such class of vehicle for which he is not authorised, the insurer is to be completely exonerated of all liability. In the instant case, he contended that the Respondent No. 2 was driving a TSR-auto rickshaw, which was a commercial vehicle, and he had a driving licence for a light motor vehicle only and as such, the Appellant Insurance Company was not at all liable to indemnify the insurer.