NEW INDIA ASSURANCE CO LTD Vs. USHA DEVI

JUDGEMENT

(1.) This appeal by the insurance company is directed against the award passed by the learned Motor Accident Claims Tribunal, Una in M.A.C. Petition No. 32 of 2008 decided on 20.3.2010.

(2.) The first question which arises for consideration is, whether the driver held a valid driving licence entitling him to drive a transport vehicle or not at the relevant time. The second question is, whether the insurance company can be held liable to satisfy the award, even if the driver was not holding a valid driving licence.

(3.) As far as the first question is concerned, the admitted facts are that the vehicle involved in the accident was a transport vehicle. This is also apparent from the registration certificate of the vehicle Ext. R-4 that the vehicle is a light goods vehicle which is obviously a transport vehicle. The accident in question out of which these proceedings arise took place on 8th June, 2006. The driving licence of the driver Shri Desh Raj has been proved on record as Ext. R-3 which shows that it was issued in the year 2002 and Shri Desh Raj was authorised in terms of this licence to drive a light motor vehicle. The endorsement to drive a transport vehicle was incorporated in the licence w.e.f. 14th June, 2007, i.e. one year after the accident had taken place. Thus it is apparent that at the time when the accident took place, there was no endorsement on the licence entitling the driver to drive a transport vehicle.