NATIONAL INSURANCE COMPANY LTD Vs. INDER DEVI

JUDGEMENT

(1.) THE present appeal under Section 173 of the Motor Vehicles Act, 1988, (for short 'Act') is directed against the award dated 08.08.2006 passed by the learned Motor Accident Claims Tribunal -II, Shimla (hereinafter referred to as the 'Tribunal') in Claim Petition No. 6 -S/2 of 2003 whereby the learned Tribunal awarded a sum of Rs. 6,22,000/ - along with interest at the rate of 7.5% per annum in favour of the claimants.

(2.) THE appellant had filed the present appeal on the ground that the learned Tribunal failed to appreciate the plea of the appellant that the owner/driver of the taxi -van, namely, Jai Chand, was not holding an effective and valid driving licence at the time of accident and the vehicle was being plied by him in contravention of the driver's clause of the terms and conditions of the Insurance Policy. Therefore, the owner/insured lost the right under indemnification.

(3.) I have heard the learned counsel for the parties and have examined the records of the case carefully and meticulously. Shri Dibender Ghosh, learned counsel for the respondent No. 5, at the outset, pointed out that the accident in question took place on 29.08.1997, which was admittedly before the amendment carried out in the Act with effect from 28.03.2001 and, therefore, the questions as raised in the appeal will have to be determined keeping in mind the provisions of law as they existed prior to the amendment carried out with effect from 28.03.2001. The learned counsel for the appellant has not contested this position. If that be so, then in terms of the provisions of the Act, a light goods carriage had not been defined in the Act while definition of the light motor vehicle indicated that it took within its umbrage both a transport vehicle and a non -transport vehicle as held by the Hon'ble Supreme Court in National Insurance Company Ltd. versus Annappa Irappa Nesaria alias Nesaragi and others : (2008) 3 SCC 464: -