NATIONAL INSURANCE CO LTD Vs. SHANKARLAL

JUDGEMENT

(1.) This is an appeal under clause 10 of the Letters Patent against the order dated 11.8.1999 in M.A. No. 328 of 1999 by which the appeal of the insurance company under section 173 of Motor Vehicles Act, 1988 (hereinafter to be referred to as 'the Act') has been dismissed.

(2.) The Tribunal held that Rajendra, respondent No. 2, was the owner and driver of Tempo No. MP 14-G 3775 on 18.3.1996, he drove it rashly and negligently causing grievous injuries to Shankarlal, respondent No. 1 and this vehicle was insured with appellant National Insurance Co. Ltd. An amount of Rs. 23,000 has been awarded as compensation to claimant. The insurance company has also been held liable to pay this amount. On appeal by the insurance company the single Bench upheld the view taken by the Tribunal.

(3.) Rajendra, respondent No. 2, was having the licence to drive 'light motor vehicle' but he was driving a Tempo which is a 'transport vehicle' when the accident took place. Reliance has been placed upon the Division Bench decision in Mohd. Karirm Khan v. Shamsher Khan, 1999 ACJ 1250 (MP), in which it has been held that the definition of light motor vehicle includes a transport vehicle and, therefore, the insurance company cannot escape the liability on the plea that there was no endorsement on the licence authorising the driver to drive transport vehicle as required by section 3 of the Act. It is pointed out that section 10 does not speak of any endorsement.