KAPILDEV CHAUDHARY Vs. AJMERUN BIBI

JUDGEMENT

(1.) The instant appeal is preferred at the instance of the owner of the vehicle. The Claim Tribunal has recorded a finding that since the vehicle involved in the accident was a TATA-407. It was a heavy motor vehicle, the driving licence vide licence No. 1199/98/Prof. was valid from 23.07.2001 to 24.07.2004 and thereafter renewed from 21.09.2004 to 20.09.2007.

(2.) The Tribunal was of the view that since the vehicle was being driven against the terms and conditions of the insurance policy, the Insurance Company, namely, United India Insurance Company Limited is not liable to pay the compensation and the appellant was fastened with the entire liability.

(3.) Submission of Shri Indrajit Sinha, Advocate is that this question was never adjudicated by the Tribunal as to whether TATA-407 is a heavy vehicle or not? Reliance has been placed on the definition of the "light motor vehicle Act" enumerated in Section 2(21) of the Motor Vehicles Act, 1988 which reads as follows :-