GYANENDRA SINGH Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) Appellant who is owner-cum-driver of the vehicle has assailed award dated 18.11.1999 passed by Addl. Motor Accidents Claims Tribunal, Mauganj, District Rewa, in Claim Case No. 97 of 1998 by which the Tribunal exonerated insurance company on the ground that on the date of accident, appellant was not having valid licence to drive four-wheeler (light motor vehicle).

(2.) Facts of the case are that appellant is owner of jeep MKA 494. On the date of accident, viz., 12.12.1988, the appellant was driving the vehicle and dashed to the deceased. In the claim petition, petitioner filed his driving licence, Exh. D1, which was issued for motor cycle (two-wheeler). Thereafter, concerned R.T.O. by order dated 5.3.1990 endorsed that the appellant has been licensed to drive a light motor vehicle w.e.f. 11.4.1988. Appellant contested claim petition on the ground that on the date of accident, appellant was having a valid driving licence and the insurance company was liable for the compensation. Tribunal found that on the date of accident, appellant was not having a valid driving licence. R.T.O. was having no authority to issue a licence for driving the vehicle with retrospective effect. This order is under challenge in this appeal.

(3.) Contention of the appellant is that rule 16 of Central Motor Vehicles Rules, 1989 (hereinafter referred to as 'the Rules') provides form of driving licence. For ready reference, rule 16 reads thus: