NEW INDIA ASSURANCE CO LTD Vs. SUBODH

JUDGEMENT

(1.) The Appellant New India Assurance Company Limited impugns the judgment dated 28.02.2008 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby while awarding a compensation of Rs. 40,000/-, the Claims Tribunal held that the first Respondent was competent to drive a Jeep as he was holding a valid driving licence to drive LMV.

(2.) It is a matter of record that the Insured vehicle bearing registration number DL-1LE-2172 (Mahendra Pick Up Van) was a goods carrying commercial vehicle, owned by M/s. Ajay Service Station, the Second Respondent. While making the Appellant Insurance Company liable to indemnify the award, the Claims Tribunal held as under:-

(3.) The driving licence Ex.PW-1/E-9 belonging to the first Respondent was seized by the police at the time of the accident, the same was duly proved. Padam Singh RW-1 examined by the Appellant Insurance Company proved that the driver Rakesh Kumar Verma held a valid and effective driving licence to drive LMV (Non-Transport) and motorcycle only.