RAMNARAYANA Vs. DALPATSINGH

JUDGEMENT

(1.) This is claimants' appeal under section 173 of Motor Vehicles Act for enhancement of compensation as well as against the direction of Tribunal exonerating the insurance company on the ground of breach of terms and conditions of the insurance policy.

(2.) There is no dispute about the accident or about the negligence of the driver of mini truck bearing registration No. RJ 06-G 2139. The incident took place on 5.4.1998. One Fakirchand, father of the appellants, was going from Neemuch to Nayagaon on his bicycle. Respondent was driving laden mini truck rashly and negligently. Said mini truck dashed against Fakirchand resulting in death of Fakirchand on the spot. The truck is owned by respondent No. 2. It was a third party claim. Deceased Fakirchand was aged about 60 years and was working as a labourer. Tribunal awarded compensation of Rs. 1,00,500 (rupees one lakh and five hundred).

(3.) Contention of the learned counsel for the appellants is that Tribunal has wrongly exonerated the insurance company. Driver of the vehicle was having driving licence to drive light motor vehicle. He submitted that the weight of the vehicle was 6900 kg and, therefore, in the light of the decision in the case of National Insurance Co. Ltd. v. Swaran Singh, 2004 ACJ 1 (SC), it has to be held that he was a duly licensed driver and was entitled to drive the vehicle and the liability of the insurance company cannot be exonerated on the basis that he was not having the licence for driving a transport vehicle.