NATIONAL INSURANCE CO LTD Vs. NANT RAM

JUDGEMENT

(1.) A short point is involved for consideration, examination and decision in this appeal by the appellant insurer under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 11.8.2000 passed by the learned Motor Accidents Claims Tribunal (2), Solan in M.A.C. Petition No. 9 -S/2 of 1997. The point is with respect to the decision/finding by learned Tribunal on issue No. 4 relating to the validity of the driving licence allegedly possessed by respondent No. 3 herein Hari Krishan, who at the relevant time was the owner -cum -driver of truck No. HIS 496 which was involved in an accident on 8.3.1997 resulting in the death of deceased Babu Ram.

(2.) FOLLOWING five issues were framed by the Claims Tribunal vide its order dated 20.4.1999:

(3.) THE driving licence No. 123/SLN/85 was issued on 29.4.1985 by the Licensing Authority, Solan. This licence has been marked as Exh. RW -1/D by the Claims Tribunal and the unrebutted evidence on record clearly establishes beyond any iota of doubt that by this licence, respondent No. 3 was permitted to drive light motor vehicles as well as medium goods vehicles. The vehicle involved in the accident, being a truck and having registration No. HIS 496, was neither a light motor vehicle nor a medium goods vehicle because its registered laden weight as shown in column No. 12 of Exh. RW -1/C, the copy of the registration certificate of this vehicle, has been mentioned as 12180 kg. Even though in column 11 of Exh. RW -1/C, this vehicle's unladen weight has been mentioned as 5140 kg. for the reasons that I state hereafter, unladen weight is not relevant for our purposes at all because it is only the registered laden weight (mentioned as 12180 kg.) which is relevant for the decision of this appeal.