NATIONAL INSURANCE COMPANY LTD. Vs. KRISHAZNA DEVI

JUDGEMENT

(1.) This appeal has been filed by the insurance company against that portion of the award whereby it has been held that the insurance company would be liable to pay the compensation. The essential facts necessary for deciding this appeal are that the accident was caused by the driver of the insured while driving a tractor. The claim of the insurance company was that since that driver had a Light Motor Vehicles licence, liability to pay the compensation could not be foisted on the insurance company because he was driving a transport vehicle. The Tribunal held that both the vehicles were also describable as Light Motor Vehicles and the driver had a licence to drive a Light Motor Vehicle, the insurance company could not be absolved. Hence the present appeal.

(2.) Learned counsel for the appellant has relied upon New India Assurance Company Limited v. Prabhu Lal, 2008 ACJ 627 where the Hon'ble Supreme Court held that notwithstanding the fact that a vehicle may be a Light Motor Vehicle, if it is used as a transport vehicle, endorsement of transport vehicle must be there on the licence.

(3.) Learned AAG has relied upon full bench decision of this Court in National Insurance Co. Ltd. v. Parveen Kumar and others, 2005 1 RCR(Civ) 485, Balbir Singh and another v. Ralla Singh and others, 2013 169 PunLR 735 and the judgment of the Hon'ble Supreme Court in S. Iyyapan v. M/s. United India Insurance Company Ltd., 2013 3 RCR(Civ) 654.