NATIONAL INSURANCE CO LTD Vs. BHEMA

JUDGEMENT

(1.) HEARD the learned counsel tor the parties.

(2.) THE only question involved in this appeal is whether the appellant insurance company can be held liable to reimburse the insured for the claim of the claimants as awarded by the Motor Accidents Claims tribunal. Dungarpur, Camp Sagwara in m. A. C. T. (Claim No. 132 of 2005 (254 of 2003) vide award dated 22. 9. 2006. The tribunal held that the driver of the vehicle was holding a valid driving licence of light motor vehicle. Admittedly, there was no endorsement authorising him to drive transport vehicle and the accident was caused by him while driving a transport vehicle.

(3.) ACCORDING to learned counsel for the appellant insurance company, in view of the judgment of the Hon'ble Apex Court delivered in the case of New India Assurance Co. Ltd. v. Roshanben Rahemansha fakir, 2008 ACJ 2161 (SC) and another judgment of the Hon'ble Supreme Court delivered in the case of New India Assurance Co. Ltd. v. Prabhu Lal, 2008 ACJ 627 (SC), the insurance company cannot be held liable.