ICICI LAMBARD GENERAL INSURANCE CO LTD Vs. VELUSAMY

JUDGEMENT

(1.) Heard the learned counsel appearing for the appellant / Insurance Company and the learned counsel appearing for the first respondent / claimant.

(2.) It is a case of injury. The manner of the accident is not in dispute. The accident is of the year 2007. The appellant / Insurance Company has filed this appeal only questioning the liability on the ground that at the time of the accident, the driver of the insured vehicle was holding only Light Motor Vehicle license and he was not having badge endorsement to drive the transport vehicle.

(3.) The issue involved in this appeal has already been settled by the Hon'ble Supreme Court in the decision in Mukund Dewangan Vs. Oriental Insurance Company Limited, (2017) 2 TNMAC 145 (SC), wherein it has been clearly held that if a driver is holding licence to drive Light Motor Vehicle, he can drive the transport vehicle of such class without any endorsement to that effect. Here, in this case, it is not in dispute that the driver of the vehicle had Light Motor Vehicle licence at the time of the accident and therefore, the ground raised by the appellant is liable to be rejected in toto.