PARTHA PRATIM BHATTACHARJEE Vs. SUKU DEBBARMA

JUDGEMENT

(1.) This appeal is filed by the owner of the vehicle which was involved in an accident giving rise to Case No. T.S.(MAC) 430 of 2012 before the Motor Accident Claims Tribunal, West Tripura, Agartala rendered in its impugned award dated 27.05.2016.

(2.) Brief facts are as under :

(3.) This award the owner of the vehicle has challenged in the present appeal. Mr. D.C. Roy, learned counsel appearing for the appellant submitted that the driver of the vehicle had a valid driving licence. Though it was a licence to drive a light motor vehicle, nevertheless it authorized the driver to drive a transport vehicle also. With amendments in the Motor Vehicles Act, 1988 the distinction between light motor vehicle and heavy vehicle has been obliterated. Counsel referred to the decision of this Court in case of National Insurance Company Ltd. v. Haradhan Das and others reported in (2019) 2 TLR 13 and of the Supreme Court in case of Mukund Dewangan v. Oriental Insurance Company Limited reported in AIR 2017 SC 3668 and in case of National Insurance Company Ltd. v. Annappa Irappa Nesaria alias Nesaragi and others reported in (2008) 3 SCC 464 to contend that the Claims Tribunal committed an error in absolving the insurance company of its liability to satisfy the award.