NATIONAL INSURANCE CO LTD Vs. NARRINDER KUMAR

JUDGEMENT

(1.) THIS appeal is directed against the order of State Consumer Protection Commission (hereinafter for short, Commission) dated April 04, 1997, Let some facts of the case may be stated.

(2.) IT was passenger bus that was insured with the appellant before us. During the validity of the insurance period, it met with an accident on July 31, 1994. Claim for damage to the vehicle was raised and surveyor assessed the same at Rs. 50,191 in the report of November 1994, as per counsel for the respondent. Before the Commission, case of the appellant was that it had no liability to pay the loss since the driver of the vehicle did not possess valid driving licence at the time of accident. Precisely, the objection was that the driver was authorised to drive only Light Motor Vehicles/Heavy Goods Vehicles and not passenger vehicles. This fact was disputed by the respondent alleging that the driver had valid driving licence to drive transport vehicles during the relevant period which is not in dispute. Commission examined this question and came to the conclusion that the driver possessed licence for driving both heavy goods vehicles as well as transport vehicles, therefore, it could not be said that he did not have valid driving licence.

(3.) THE above contention is urged before us again by learned counsel for the appellant. We took care to examine this question with reference to the facts on record and submissions advanced before us by learned counsel for both the sides. A perusal of driving licence clearly demonstrates that the driver possessed driving licence to drive transport vehicle. Transport Vehicle1 has been defined under Sec. 2 (47) of the Motor Vehicles Act, as under: