UNITED INDIA INSURANCE CO LTD Vs. RADHEY SHYAM

JUDGEMENT

(1.) Heard on admission. By this appeal under section 173 of the Motor Vehicles Act, 1988, the appellant insurance company assails the award dated 29.6.2004 passed by the Motor Accidents Claims Tribunal, Bhopal in M.C.C. No. 83 of 2004.

(2.) The only ground, peculiar to the insurance company, urged is that though a minibus carrying passengers was involved in the accident, its driver did not possess the licence to drive the said vehicle but only a licence for driving light motor vehicle. Learned counsel has invited attention to section 3 of the Motor Vehicles Act with regard to the necessity for driving a particular class of vehicle and submitted that since, admittedly, the driver of the offending vehicle had possessed a driving licence for driving light motor vehicle and not a transport vehicle, the insurance company ought to have been relieved of its obligation under the insurance cover granted to the insured.

(3.) The contention raised by the learned counsel overlooks the fact that the definition of 'light motor vehicle' contained in section 2 (21) includes a transport vehicle or omnibus the gross vehicle weight of which, does not exceed 7500 kilograms. For ready reference, we reproduce the definition hereunder: