MD.SALAM Vs. K.SHESHAIAH ANR

JUDGEMENT

(1.) Appellant is the insurance company. This appeal is filed against the award of the Motor Accidents Claims Tribunal, Tirupathi in MVOP.No.241 of 2006 dated 05.02.2009, whereby the Tribunal partly allowed the claim petition, directing the insurance company and owner of the vehicle jointly to pay compensation of Rs.4,41,000/- to respondents / claimants with interest at the rate of 7.5 per cent per annum from the date of petition till the date of payment, as against the claim of Rs.10,00,000/-, for the death of the 1st respondent's husband.

(2.) This appeal is filed mainly on the ground that as on the date of the accident, the driver of the insured vehicle, was holding only light motor vehicle (LMV) driving licence and he drove the tractor- trailor, which is a transport vehicle and this amounts to violation of policy conditions. The learned counsel further contended that R.W.1, the Administrative Officer, who is working in the office of the Road Transport Authority, has categorically deposed that licence holder is not competent to drive the tractor, but the Tribunal failed to consider the said evidence. Learned counsel relying on the judgment reported in SARDARI vs. SUSHIL KUMAR1 ,2008 ACJ 1307 contended that in similar facts and circumstances, the Apex Court held that the insurance company is not liable to pay compensation.

(3.) Facts in the above case (1 supra), relied on by the learned counsel for the appellant, discloses that the driver therein admittedly had no driving licence to drive the tractor. But in the present case, the driver was holding LMV driving licence as on the date of accident. Therefore, the judgment relied on by the counsel for the appellant - insurance company is not applicable to the facts of the present case.