NATIONAL INSURANCE CO LTD Vs. MAM KAUR

JUDGEMENT

(1.) The Insurance Company with which the offending vehicle i.e. Eicher Tractor bearing registration No. HR-41-5414 stood insured, has filed the present appeal under Section 173 of the Motor Vehicles Act for challenging the award dated 4.8.2012 passed by the Motor Accidents Claims Tribunal, SAS Nagar, Mohali, whereby the claimants-respondent Nos. 1 and 2 were awarded compensation to the tune of Rs. 7,53,800/- on account of death of their bread-earner Lachman Dass in a motor vehicular accident and the appellant, alongwith respondent Nos. 3 to 5 driver and owners of the offending vehicle, were held jointly and severally liable to pay the compensation amount, alongwith interest. The main issue which arises in the appeal is as to whether the person authorized to drive the scooter/motor cycle/car/jeep could also drive the tractor without obtaining appropriate endorsement on his driving licence from the concerned authority. It may be apt to refer to Rule 6 of the Central Motor Vehicles Rules which provides for grant of licence in respect of Light Motor Vehicle or the transport vehicle amongst other categories. There is no specific entry for issuance of licence for driving a tractor. Under Section 2(44) of the Motor Vehicles Act, 'tractor' by definition is a Light Motor Vehicle. If the driver of the tractor has a licence to drive any category of vehicle that falls within the definition of Light Motor Vehicle, he has to be taken to be duly licensed to driver a tractor as well. Under these circumstances, the Insurance Company cannot avoid liability fastened upon it by the Tribunal.

(2.) Secondary issue regarding age of the deceased at the time of accident also arises as it has been claimed by the counsel for the appellant that when claimant Mam Kaur was aged 50 years, her husband Lachman Dass since deceased could not be taken to be 45 years of age. Rather his age would have been more than 50 years.

(3.) The accident in question had taken place on 11.4.2001. The claim petition was filed by Mam Kaur and her son Surinder Kumar after about 8 years of the accident. At that point of time, Mam Kaur mentioned her age as 50 years. Obviously, in the year 2001, she was aged about 42/43 years. Therefore, it cannot be said that her late husband was not 45 years or was more than 50 years of age on the date of the accident.