RELIANCE GENERAL INSURANCE COMPANY LIMITED Vs. AABID

JUDGEMENT

(1.) HEARD Sri Pranjal Mehrotra, learned counsel for the appellant. The appellant is ensurer of Tempo, bearing registration No. U.P.17T 1595, which was involved in an accident occurred on 2.4.2011 in which Momin Ali died. Momin Ali was travelling in the tempo.

(2.) THE sole submission of learned counsel for the appellant is that the driver of the tempo possessed the licence of Motorcycle and Light Motor Vehicle. The vehicle, in question, was used for carriage of passengers for hire or reward and, thus, was a public service vehicle in view of Section 2 (35) of the Motor Vehicle Act (hereinafter referred to as the "Act") and as such the same was a "transport vehicle" under Section 2 (47) of the Act. Thus, the licence for the "transport vehicle" was necessary or even there should be an endorsement in the driving licence in this regard, but in the absence of any licence for transport vehicle or any endorsement in driving licence, there was a breach of policy under Section 149 (2) of the Act and, thus, the Insurance Company is not liable.

(3.) RELIANCE is placed upon the decision of the the Apex Court in the case of National Insurance Company Ltd. vs. Anappa Irappa Nesaria, reported in (2008) 3 SCC. The Apex Court on the consideration of the definition of "light motor vehicle", "medium goods vehicle" , Section 3 of the Motor Vehicles Act and the Central Motor Vehicle Rules, 1989 and the form for the driving license prescribed therein has held as follows: