NATIONAL INSURANCE CO. LTD. Vs. GURINDER PAL SINGH

JUDGEMENT

(1.) The appeal filed by the insurance company is on an issue of liability, for the driver was not duly licenced. He had a licence to drive a car and scooter but he was driving a public service vehicle carrying 15 passengers. Any public service vehicle which is a transport vehicle would require special endorsement under Section 3 of the Motor Vehicle Act. The driver cannot be under the circumstances taken to be having an effective driving licence to secure a full indemnity for the owner. The need for a transport vehicle endorsement has been laid down in National Insurance Company Limited v. Prabhu Lal,2008 ACJ 267 and provision for a right of recovery was considered recently by the judgment of the Supreme Court in a situation requiring a transport vehicle endorsement in S. Iyyapan v. United India Insurance Co. Ltd., 2013 172 PunLR 409. The award of the Tribunal, casting liability on the insurance company without providing for a right of recovery against the owner and driver was, therefore, not in confirmity with law. The award stands modified to allow for the insurer to satisfy the amount with the claimants and recover the same from the owner and driver. The appeal is allowed to the above extent.