NEW INDIA ASSURANCE CO LTD Vs. BALAKRISHNAN

JUDGEMENT

(1.) (i) Should the driver of a passenger autorickshaw (LMV-motor cab) possess a further authorisation/badge in addition to the driving licence to drive the said vehicle

(2.) To the vitally relevant facts first. The claimants are parents and a sibling - a minor sister, of a minor child, who suffered injuries and succumbed to injuries in an accident which took place on 13.8.2005. They claimed an amount of T 3 lakhs as compensation. The deceased was a 9 year old minor child on the date of the accident. The deceased was a pedestrian. The vehicle in question - a passenger autorickshaw, was owned and driven by the 4th respondent. The vehicle was validly insured against third party risks with the appellant insurance company.

(3.) The insurance company contended, inter alia, that the driver of the autorickshaw, though he had a valid driving licence to drive an LMV, was not duly licenced to drive the passenger autorickshaw in question inasmuch as he did not possess the requisite out authorisation to drive a transport vehicle. The Tribunal by the impugned award came to the conclusion that the claimants are entitled for an amount of Rs. 1,80,000/- as compensation along with interest and cost. The Tribunal did not accept the contention of the appellant/insurance company that the appellant is entitled to avoid liability under Section 149 2(a)(ii) of the Act. Inasmuch as the owner/driver was not duly licenced, it was contended that the appellant was entitled to recover the amount under the proviso to Section 149(4) of the Act. That contention was not accepted by the Tribunal. The relevant discussion appears in para. 7 of the impugned award.