SUDERSHAN SHARMA Vs. NEW INDIA INSURANCE CO. LTD.

JUDGEMENT

(1.) The appellant who is the owner of the offending vehicle has impugned the judgment/award dtd. 30/11/2015 passed by the Motor Accidents Claims Tribunal (ADJ), Udhampur by virtue of which, the compensation was awarded to the claimants and the respondent-Insurance Company was directed to satisfy the award with a liberty to recover the same from the owner of the offending vehicle. Heard Mr. Arjun, Mengi, learned counsel for the appellant and Mr. Amrit Sarin, learned counsel for the respondent.

(2.) The only issue that has been raised is with regard to the competence of the driver who was having licence for driving the Light Motor Vehicle, to drive the Passenger vehicle. Though, the learned Tribunal has considered the said aspect and has come to the conclusion on the basis of witnesses produced by the respondent-Insurance Company before the learned Tribunal that the driver was holding a licence for driving a Motor Cycle with gear and Light Motor Vehicle but it was observed by the learned Tribunal that the driver was not authorized to drive the offending vehicle. This issue is no more res-integra as the Hon'ble Apex Court has already observed that the driver having a licence for driving Light Motor Vehicle can drive the Passenger vehicle as well without PSV endorsement.

(3.) In view of the judgment of the Apex Court, in case titled, 'Mukund Dewangan vs. Oriental Insurance Company Limited', this Court is of the considered opinion that liberty to pay and recover granted to the respondent Insurance Company is required to be set aside.