NATIONAL INSURANCE CO LTD Vs. PARVEEN KUMAR

JUDGEMENT

(1.) A Division Bench (comprising two of us, V.K. Bali and Jasbir Singh, JJ.) on 25.11.2002, passed the following order of reference to a Full Bench:

(2.) Before we may proceed any further, we would like to mention that it is apparent from reading of order reproduced above, that one of us (V.K. Bali, J.) in Hardhian Singh v. Chiranji Lal, 2003 ACJ 565 (P&H), had taken a view contrary to the one reflected in Shinder Kaur's case, 1998 ACJ 880 (P&H). The matter was not referred to a larger Bench at that time as the Division Bench judgment of this court in Shinder Kaur's case was not at all cited.

(3.) In National Insurance Co. Ltd. v. Shinder Kaur, the Tribunal, with respect to the plea that the driver did not have a valid driving licence to drive the tractor had also held that the licence had been issued to him to drive a motor vehicle and it included a tractor. A further finding came to be recorded by the Tribunal that intention of the parties had to be seen. The application submitted by the driver for obtaining the driving licence spelt out that he had applied for issuance of a driving licence pertaining to light vehicles and motor car and tractor were covered within the definition of light motor vehicle and consequently, the insurance company could not wriggle out of its liability to pay the compensation. On these findings, the Tribunal proceeded to calculate the compensation and passed the award.