BALWAN SINGH Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) THE Appellant Balwan Singh impugns the judgment dated 17.04.2007 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby while awarding a compensation of ` 3,08,000/- in favour of the Second Respondent, the Claims Tribunal granted right to the First Respondent (the Insurer) to recover the compensation paid from the Appellant who was the owner of the offending vehicle number HR-14-A-5846.

(2.) BY the impugned judgment, the Tribunal held that the driver i.e. the Third Respondent by virtue of driving licence Ex.PW-1/4 was authorized to drive a motor cycle and LMV(NT) and thus, he was not authorized to drive a tractor trolley (tractor + trolley).

(3.) SUBSEQUENTLY, in New India Assurance Company Limited v. Roshanben Rahemansha Fakir & Anr., (2008) 8 SCC 253; the Supreme Court differentiated between a transport vehicle and non transport vehicle and held that a driver who had a valid licence to drive a Light Motor Vehicle was not authorized to drive a light goods vehicle. It was further held that the person must possess the licence for the class of vehicle involved in the accident.