NATIONAL INSURANCE CO Vs. NARESH KUMAR

JUDGEMENT

(1.) Through the medium of the instant appeal filed under the provisions of Sec. 173 of the Motors Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short), the appellant-National Insurance Company has assailed the Award dtd. 6/2/2014 passed by the Motor Accidents Claims Tribunal (hereinafter referred to as 'MACT' for short), Jammu in File No. 455/2009 titled "Naresh Kumar & Anr vs National Insurance Company Limited & Ors" on the main grounds that the driver/respondent No.5, namely Subash Chander of the offending vehicle stood permitted by the Licensing Authority to drive only "Heavy Goods Vehicle" as on the date of accident i.e 14/11/2007 and had no authority to drive the "Passengers Commercial Vehicle", without the necessary endorsement on the license to the effect of driving the "Passengers Service Vehicle"; that the learned MACT was not also justified in closing the evidence of the appellant-company without calling the witnesses for whom the diet expenses had been deposited and that the learned MACT has allowed the Sr. No. 67 interest on the Award amount at an excessive rate of 7.5% per annum especially when with the change in the economy, the banks have lowered the rate of interest on fixed deposit.

(2.) I have heard the learned counsel for the appellant who very vehemently contended that the learned MACT while directing the appellant-company to satisfy the Award has committed a grave illegality because the driver of the offending vehicle i.e respondent No.5 was driving the passenger vehicle at the time of a occurrence in violation of the terms and conditions of the policy of the insurance because as per the license issued by the concerned Licensing Authority, he was only competent to drive a "Heavy Goods Vehicle".

(3.) The learned counsel in support of his contentions placed reliance on the judgment of this Court titled "National Insurance Company Ltd vs Bashir Ahmed Chopan and others", 2012(1) JKJ [HC] 222, wherein as per the learned counsel, it has been held that the driver holding a driving license entitling him to drive "Heavy Goods Vehicle" is not competent to drive a passenger carrying vehicle unless there is a PSV endorsement.