(1.) This miscellaneous appeal under Section 173 of the Motor Vehicles Act has been filed against the Award dated 27.01.2012 passed by third Motor Accident Claims Tribunal, Gwalior in Claim Case No. 34/2011, by which the insurance company has been exonerated.
(2.) Challenging the Award passed by the Claims Tribunal, it is submitted by the counsel for the appellant that the driver of the offending vehicle had license of LMV / non-transport vehicle, whereas he was driving the loading vehicle and thus, the Insurance Company has been exonerated, but in the light of the judgment passed by the Supreme Court in the case of Mukund Devangan Vs. Oriental Insurance Company Limited reported in 2017 (14) SCC 663, it cannot be said that merely for want of endorsement, driver was not competent to drive the vehicle with unladen load of 7500 kg.
(3.) Accordingly, it is held that the exoneration of the Insurance Company on the ground of absence of endorsement of the license of the driver of the offending vehicle, it cannot be said that the Insurance Company is not severally and jointly liable to make payment of compensation. As a ex- consequenti the Insurance Company is also held liable to pay compensation jointly and severally.