NATIONAL INSURANCE COMPANY LIMITED Vs. BHOMA RAM

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 22.10.2001 passed by Motor Accident Claims Tribunal (I), Jodhpur ('the Tribunal'), whereby for the death of Narayan Ram, the Tribunal has awarded a sum of Rs.2,61,000/- as compensation alongwith interest @ 9% p.a. from the date of application i.e. 18.12.1997.

(2.) While deciding the liability of the appellant-Insurance Company under issue No.2, the Tribunal came to the conclusion that the driver Ghewar Singh was holding driving licence effective for driving Light Motor Vehicle ('LMV') and though he was driving a TATA-407, which in the submissions of the appellant-Insurance Company, is a Light Goods Vehicle ('LGV'), on account of the fact that there was no material evidence available on record to support the contention of the Insurance Company, the issue was decided against the Insurance Company.

(3.) It is submitted by learned counsel for the appellant that from a bare perusal of the driving licence, it is apparent that the driver was holding a driving licence only authorising him to drive LMV and the said fact was proved by the oral evidence of officer from the Regional Transport Authority and from the certificate of registration of the vehicle (Ex.-4), it is apparent that the vehiclein- question is LGV as indicated in the column 'class of vehicle' and therefore, there was no reason for the Tribunal to hold otherwise.