NATIONAL INSURANCE CO LTD Vs. GULER COOPERATIVE TRANSPORT

JUDGEMENT

(1.) The challenge in this appeal is to the order of the District Forum, Kangra at Dharamshala, dated 19.2.1997, whereby the appellant/opposite Party (herein after to be referred to as the Insuranee Company) has been directed to indemnify and pay to the complainant/respondent (hereinafter to be referred to as the complainant) a sum of Rs.18,500/ alongwith interest @ 15% per cent per annum with effect from 15.2.1996 till actual payment and compensation of Rs.2000/ and also costs of Rs.500/.

(2.) The brief relevant facts set out in the complaint are that a bus bearing registration No. HP 36 1224 belonging to the complainant was insured with the Insurance Company for a sum of Rs.5,70,000/ with effect from 27.2.1995 to 26.2.1997. The insured vehicle met with an accident on 16.10.1995 in the area of Doda Peer and sustained extensive damage. There is no dispute that the Insurance Policy at the time when it met with an accident, was in force. The FIR was lodged and also a claim was preferred for Rs.48,650/ with the Insurance Company by the complainant but the claim has been repudiated by the Insurance Company on the ground that the driver who was driving the vehicle at the time of accident, was not having valid driving licence. The same submission has been rein forced by Mr. L. C. Kapoor and Mr. Subhash Mohindroo, learned Counsels for the Insurance Company before this Commission as well.

(3.) The learned Counsel for the Insurance Company have relied upon the licence placed on record of the driver Shri Daya Swaroop, according to which, the driver was entitled to drive Medium Transport Vehicle and Heavy Trans port Vehicle. According to the learned Counsel for the Insurance Company, no doubt, the driving licence entitles the driver to drive the trans port vehicle but did not entitle him to drive public service vehicle as defined in Sec.2 (35) of the Motor Vehicles Act as there is no such endorsement on the licence.