THE ORIENTAL INSURANCE COMPANY Vs. ANNU AND ORS.

JUDGEMENT

(1.) This appeal has been filed by the appellant/Insurance Company under the provisions of Section 173(1) of Motor Vehicles Act, 1988 being aggrieved by the award dt. 04.07.2012 passed in Claim Case No. 88/2011 by the Court of Additional Motor Accident Claims Tribunal, Lahar, District Bhind directing the owner, driver and Insurance Company to pay the amount of award jointly and severally on the ground that the driver of the offending vehicle (non-applicant No. 2) was holding a driving licence for driving a light motor vehicle while the offending vehicle was a transport vehicle.

(2.) The issue in regard to driving licence is concerned, has already been decided by Hon'ble Supreme Court in case of Mukund Dewangan v. Oriental Insurance Company Ltd. (Civil Appeal No. 5826/2011) , wherein it has been held that for grant of licence to drive a transport vehicle, the provisions of Section 10 (2) (e) became effective from 28.3.2001. It has been held that the legal position was not appreciated correctly in the case of Oriental Insurance Company Limited v. Angad Kol and others as reported in (2009) 11 SCC 356 and as the vehicle was of light motor vehicle class, thus the decision in the case of Angad Kol (supra) was overruled and it was held that though the vehicle was a transport vehicle but since it was being driven by a person having licence to drive the light motor vehicle and it may be a transport vehicle but will not fall within the definition of light motor vehicle, lacuna of endorsement will not take a right of the driver to drive a light motor vehicle.

(3.) Shri Gajendragadkar on the other hand submits that this judgment in the case of Mukund Dewangan (supra) has already been placed for reconsideration in the case of M/s. Bajaj Alliance General Insurance Co. Ltd. v. Rambha Devi and Others (SLP (C) No. 27787/2017) vide order dt.31.10.2017 .