UNITED INDIA INSURANCE CO.LTD. Vs. VIMLA DEVI

JUDGEMENT

(1.) Heard Shri R.C. Sharma, learned counsel for the appellant and Shri J.K. Shukla, learned counsel for the claimants-respondents no.1, 2 and 3.

(2.) The instant appeal has been preferred under Sec. 173 of the Motor Vehicles Act, 1988 (for short, the Act of 1988) against the judgment and award dtd. 28/7/2006 passed by A.D.J. (Court No.4)/Motor Accident Claims Tribunal, Pratapgarh in M.A.C.P. No.8/1999, wherein a sum of Rs.4,87,000.00 along with 6% interest from the date of filing of the claim petition, till the date of its actual payment has been passed in favour of the claimants-respondents no.1, 2 and 3.

(3.) The submission of the learned counsel for the appellant is that the Tribunal has erred in failing to notice that the offending vehicle involved in the accident was a tanker bearing No. MWV/5123. It is urged that the driver of the aforesaid tanker namely Sadashiv Sakpal did not have the requisite endorsement to drive the aforesaid tanker. It is urged that though he had a licence to drive heavy motor vehicles, but insofar as the tankers are concerned, there are special provisions in the Act of 1989 which requires the driver to get the said endorsement made on his licence entitling him to drive a tanker carrying hazardous goods. The said endorsement is valid on year to year basis whereas the endorsement insofar as the heavy motor vehicle is concerned, the same is for three years.