UNITED INDIA INSURANCE COMPANY LTD Vs. BHAURAO

JUDGEMENT

(1.) All these appeals are arising out of same accident and holding the appellant liable to pay compensation in all the matters. Hence, they are proposed to be disposed of by this common judgment.

(2.) In F.A. No. 374 of 2014, the judgment and award passed in M.A.C.P. No.140 of 2008 by learned Member of Motor Accident Claims Tribunal, Hingoli,dated 01-06-2013 is under challenge; whereas in F.A. No. 376 of 2014, judgment and award passed in M.A.C.P. No.169 of 2008 dated 01-06-2013 and in F.A. No.878 of 2015, judgment and award passed in M.A.C.P. No. 135 of 2008 dated 16-01-2013 are under challenge.

(3.) In all these appeals, the common point of challenge that has been raised is that the driver of the offending jeep was not holding proper category of driving license. In fact, photo-copy of the driving license of the driver was exhibited and admitted in evidence. It showed that endorsement in respect of transport category was obtained for the first time from 17-11-2007 to 16-11-2012. The accident had taken place on 15-11-2007 and therefore, the said entry was not available on that day. Hence, he was not holding the driving license of proper category of the vehicle i.e. transport vehicle as the said jeep was registered as 'Taxi'. The Tribunal has not taken the said ground as breach of terms of policy and therefore, has not passed the order of pay and recover. These submissions have been made by the learned Advocate appearing for the appellant in all these appeals. So also, it was submitted on his behalf, that the claimant in F.A. No. 878 of 2015 ought to have been held contributory liable to the accident.