DARSHAN SINGH Vs. GOVIND SINGH & OTHERS

JUDGEMENT

(1.) Having heard learned Counsel of the appellant (owner of the vehicle) as well as learned Sr. Counsel for the Oriental Insurance Company Ltd. (respondent no. 4), it transpires that vide the impugned judgment dated 12.11.2010 rendered by the Tribunal, the liability to pay the compensation was fastened on the owner of motor vehicle. The ground whereof was that Mr. Dori Singh, the driver of the offending bus, did not have a valid and effective license to ply such vehicle on the road, but he had valid and effective license to drive "heavy goods vehicle", which cannot be equated with "heavy passenger vehicle".

(2.) Learned Counsel of the appellant has placed reliance on the judgment rendered by this Court in case of New India Assurance Co. Ltd. v. Smt. Krishna and Others,2015 4 TAC 534. In such case, this Court has laid down the ratio that a person, who was competent to drive "heavy goods vehicle" could drive "heavy passenger vehicle" as well and in an efficient manner. So, exonerating the insurance company from bearing the liability will not be justified.

(3.) The above ratio was fortified by this Court on the strength of the judgment of Hon'ble Apex Court in Kulwant Singh & Others v. Oriental Insurance Company Ltd., 2014 4 TAC 676, wherein it has been held that "light motor vehicle" covers both "light passenger carriage vehicle" and "light goods carriage vehicle". So, in such a case, the insurance company cannot disown its liability. Hon'ble Apex Court held that in such controversy, there was no breach of policy condition entitling insurance company to recovery rights. Accordingly, the order of High Court was set aside and that of Tribunal was restored.