NATIONAL INSURANCE CO. LTD Vs. ABHA GOEL

JUDGEMENT

(1.) THESE two Appeals (MAC.APP.37/2008 and MAC.APP.896/2011) arise out of a common judgment dated 13.11.2007 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.17,63,334/- was awarded for the death of Rajat Goel, a bachelor aged 22 years at the time of the accident. For the sake of convenience, the Appellant National Insurance Co. Ltd. in MAC.APP.37/2008 shall be referred to as the Insurance Company and the Appellants in Cross-Appeal MAC.APP.896/2011 shall be referred to as the Claimants.

(2.) THE finding on negligence reached by the Claims Tribunal is not challenged by the Appellant Insurance Company. The same has attained finality.

(3.) THE Appellant Insurance Company sought to avoid the liability on the ground that Respondent Panna @ Banna did not possess a valid and effective driving licence to drive a truck (that is, a heavy motor vehicle) at the time of the accident and thus it was not liable to indemnify the insured. The Claims Tribunal rejected the plea on the ground that there was an endorsement on the driving licence possessed by Respondent Panna to drive a transport vehicle for the period 03.01.1998 to 02.01.2001 which entitled him to drive the same as the licence initially issued for LMV was valid upto 29.09.2016.