YOGESH KUMAR SOOD Vs. MELA RAM

JUDGEMENT

(1.) By the medium of instant appeal, the appellant-owner has questioned the award, dated 27th August, 2008, passed by the Motor Accident Claims Tribunal, Kinnaur at Rampur Bushahr, (for short, the Tribunal), in Claim Petition No. 123 of 2005, titled Mela Ram v. Duni Chand through LRs and others, whereby compensation to the tune of Rs. 2,67,000/-, with interest at the rate of 9% from the date of filing of the claim petition till realization, was awarded in favour of the claimant, and the - driver and the owner (respondent Nos. 1 and 2 in the Claim Petition) were saddled with the liability (for short, the impugned award).

(2.) The appellant-owner has challenged the impugned award on the limited ground that the offending vehicle i.e. Tipper falls under the definition of Light Motor Vehicle and since the driver was having a valid and effective driving licence to drive a Light Motor Vehicle, therefore, the Tribunal has fallen in error while holding that the driver of the offending vehicle was not having a valid and effective driving licence and that the insurer has been wrongly exonerated.

(3.) I have gone through the impugned award and the record. A perusal of the registration certificate Ext. RW-2/A shows that the unladen weight of the offending vehicle i.e. Tipper was 8000 kg. Therefore, the offending vehicle does not fall within the definition of Light Motor Vehicle.