SUNITA PAWAR Vs. SANDEEP KUMAR

JUDGEMENT

(1.) This appeal by the owner is directed against the award of the Motor Accidents Claims Tribunal-II, Mandi (hereafter referred to as 'the Tribunal') in Claim Petition No. 10 of 1999, decided on 2.4.2005.

(2.) Tribunal has exonerated the insurance company on the ground that licence of the driver on record does not permit him to drive a truck. Since this is the only question to be decided in this appeal, therefore, it would be relevant to refer to the copy of the driving licence. The driving licence of the driver has been proved by the driver himself who has appeared as RW 1. The driving licence was exhibited as RW-l/A. A perusal of the copy of the driving licence shows that the same was issued in the year 1997 and initially permitted the driver to drive light motor vehicle only. Thereafter, it was endorsed for heavy transport vehicle on 4.6.1999. The Tribunal has come to the conclusion that the driving licence of the driver did not permit him to drive a heavy goods vehicle and only permitted him to drive a heavy transport vehicle and, hence, the insurance company was not liable.

(3.) It appears that the Tribunal has not taken into consideration the various provisions of the Motor Vehicles Act (for short 'the Act'). Transport vehicle' has been defined in section 2 (47) of the Act as under: