MANGLA GOODS CARRIER Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) This appeal has been filed by the appellant challenging the Award dtd. 2/3/2020 passed by the learned Motor Accidents Claims Tribunal-02, West District, Tis Hazari Courts, Delhi in Petition no. 78132/2016, titled Hemlata @Baby and Ors. v. Monu Kumar and Ors.

(2.) The limited challenge of the appellant against the Impugned Award is on the right granted to the respondent no.1 to recover the compensation paid to respondent nos.2 to 4 herein from the appellant. The appellant is the owner of the truck by which the accident had taken place resulting in the death of Shri Rahul.

(3.) The learned Tribunal, by the Impugned Award has granted a right to recover the compensation paid by the respondent no.1 to respondent nos.2 to 4 from the appellant and respondent no.5, holding that the driver of the offending vehicle, that is, respondent no.5 herein, was not having a valid licence to drive a Heavy Motor Vehicle (HMV) in view of Sec. 7 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act'). The learned Tribunal held that in terms of Sec. 7 of the Act, the respondent no.5 could not have been granted a licence to drive a transport vehicle without issuance of a learner's licence first; the learner's licence itself could not have been granted unless the respondent no.5 had held a driving licence to drive a Light Motor Vehicle (LMV) for at least one year. The learned Tribunal held that in the present case, the respondent no.5 was granted a driving licence for the LMV on 16/7/2010; the licence was, however, endorsed for Medium Motor Vehicle (MMV) and HMV on 1/11/2010, that is, prior to the expiry of one year period. The learned Tribunal held that, therefore, the driving licence issued in favour of the respondent no.5 to drive the offending vehicle was invalid.