NEW INDIA ASSURANCE CO. Vs. SAVITRI

JUDGEMENT

(1.) APPELLANT , New India Assurance Company is aggrieved by the award dated 27.12.1997 of the Motor Accident Claims Tribunal, Shimla, whereby, it (the appellant) has been ordered to pay the amount of compensation awarded in favour of respondent No. 1, in its capacity as insurer of the vehicle.

(2.) A Marutivan, registered as taxi, was owned by respondent Kamlesh Kumar. He had insured himself for third party risk due to use of the vehicle with the appellant. The van met with an accident on 9.7.1994, in which one Hirdu Ram died. His parents, i.e. respondent Smt. Savitri (the mother) and late Atma Ram (the father) filed a petition, under Section 166 of the Motor Vehicles Act, for award of the compensation. It was alleged that the accident had taken place due to the rash or negligent driving of the van by its driver, namely respondent Sanjay Kumar. The owner and the driver of the vehicle denied that the cause of the accident was rash or negligent driving of the vehicle. The present appellant took the plea that respondent Sanjay Kumar did not possess a valid and effective driving licence.

(3.) THE only point that was urged by the appellant is that the licence of respondent Sanjay Kumar did not have an endorsement authorizing him to drive a 'public service vehicle' or a 'transport vehicle' and hence he was not authorized to drive the vehicle, in question, which was registered as taxi and was, therefore, a public service vehicle and hence a transport vehicle also.