NEW INDIA ASSURANCE Vs. NANDINI

JUDGEMENT

(1.) This appeal is filed by the appellant under Sec. 173(1) of the Motor Vehicles Act, 1988, being aggrieved of award dtd. 29/1/2021, passed by II Addl. Motor Accident Claims Tribunal, Hata, District Damoh (M.P.), in M.A.C.C.No.06/2019, on the ground that accident took place on 9/10/2018, when he was hit by a motorcycle bearing registration No.MP-34-MB/8134, driven by the respondent No.3, herein, Mohd. Murad Beg, son of Mohd. Abid Beg and owned by Shri Dharmendra Kumar Rai, son of Shri Daulat Rai, on the ground that driver of the said motorcycle Mohd. Murad Beg, was having a driving licence to drive a Light Motor Vehicle, Non Transport, and was not authorised to drive a motorcycle with gear and, therefore, there being no licence to drive a motorcycle, Insurance Company should have been exonerated.

(2.) Reliance is placed on Ex.D/2, so also the evidence of Shri Sanjay Rathore, Assistant Grade-II, who was examined from the office of District Transport Office, Damoh, who categorically mentioned that driving licence issued in favour of Mohd. Murad Beg, bearing registration No. MP-34-R-2007-0014601, was issued from his office and was effective from 19/12/2001 to 10/5/2019 to drive a Light Motor Vehicle, Non Transport category. There is no endorsement to drive motorcycle with gear. Thus, it is pointed out that once there is an evidence to the effect that driver was not having valid driving licence, then Insurance Company should have been exonerated and liability should have been fastened on the owner & driver of the motorcycle to satisfy the award.

(3.) Shri Beerendra Kumar Upadhyay and Shri Gopal Jaiswal support the award and submits that the suspension of licence was erroneous. Tribunal has passed the correct award.