NATIONAL INSURANCE COMPANY LTD Vs. KANAKAMMAL

JUDGEMENT

(1.) THE National Insurance Company Limited, Tirnelveli Branch, which is the insurer for the Taxi bearing Regn. No. TCW 9958, the owner of which is one Mariappan, respondent No. 5, is the appellant. The claimants have filed claim petition for compensation towards the accidental death of one Ponnaiah, husband and father of respondents 1 and 2 respectively and son of Respondents 3 and 4, who was travelling as a passenger in the said taxi. The said event happened on 01. 02. 1995 at about 2. 30 p. m. in Adaikalappattinam. The award passed by the Tribunal is to the extent of Rs. 1,45,000/ -. It is now agitated by the appellant on the ground that there was contravention of the policy conditions of the said tourist taxi

(2.) IT is the main contention of the learned counsel for the appellant insurance company that as seen from Ex. B-1, the policy pertained to the said car and the Car is a tourist taxi; but the said vehicle was driven by a driver who was not holding a valid licence to drive such a tourist taxi. According to the learned counsel for the appellant, though the driver was holding a licence to drive a light motor vehicle, there was no endorsement by the competent authority authorising him to drive a tourist taxi and therefore the insurer is not liable to pay the compensation.

(3.) AS per Section 3 of the Motor Vehicles Act, a driver has to hold an effective driving licence for the type of vehicle which he intends to drive. When the policy shows that it is a commercial vehicle, it is enough for the driver to hold a licence, to drive a light motor vehicle, along with an endorsement on such licence, to drive commercial vehicle also and then only he will become a person who is duly licenced. Otherwise, the driver will be called only as, "not duly licenced", as contemplated in Section 149 (2) (a) (ii) of the Motor Vehicles Act.