NEW INDIA ASSURANCE CO.LTD Vs. MANDIP KAUR

JUDGEMENT

(1.) THESE four appeals are being disposed of by a common judgement since they arise out of the same accident and the question of law involved is the same. All these appeals are directed against the award of the learned Motor Accident Claims Tribunal and the main point raised by the Insurance Company is that it is not liable to pay the compensation in view of the fact that the driver did not hold a valid driving license.

(2.) THE undisputed facts are that the vehicle in question is a maxicab. Transport vehicle has been defined in Section 2(47) of the Motor Vehicles Act, to mean a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle. Section 2(35) of the Motor Vehicles Act is the definition clause relating to public service vehicle and includes a maxicab. The vehicle in the present case was a maxicab as is apparent from the registration certificate Ext.RW -1/A. The policy Ext.RW -1/B also clearly indicates that it has been issued in relation to a commercial vehicle.

(3.) A Full Bench of this Court dealt with a similar question and disposed of the reference in view of the judgments of the Apex Court rendered in National Insurance Company Ltd. V/s. Kusum Rai and Ors. (2006) 4 SCC 250 & National Insurance Company Ltd. V/s. Annappa Irappa Nesria and Ors. (2008) 3 SCC 464.