NATIONAL INSURANCE CO LTD Vs. G R TASHNIWAL

JUDGEMENT

(1.) WE have heard the learned Counsel for the parties. Mr. Raina contends that vehicle, in question, was being used as transport vehicle. This suggestion is disputed by the Counsel of the respondent who states that no such evidence was on record and in fact at the material time of accident, the vehicle was being used for carrying the family members of the respondent plus the driver who holds the valid driving licence to drive the Light Motor Vehicle. Taking into consideration the weight of vehicle, it fully answers the definition of the term "Light Motor Vehicle". Mr. Raina states that Omni Bus by its description should be considered to be a transport vehicle.

(2.) WE cannot accept this contention in the absence of any specific usage of the vehicle as transport vehicle. The State Commission has gone into this question at some length and have also considered the endorsement on the driving licence plus the certificate issued by the RTO office on 29.5.1993 wherein the vehicle is decribed as Light Motor Vehicle (Not transport). In the light of this, we do not see any infirmity in the impugned order which is upheld. This appeal stands disposed of. Appeal disposed of.