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Judgment
Instant appeal has been filed by the Insurance Company against the judgment and award dated 18.03.2011 passed by the Motor Accident Claims Tribunal and Additional District & Session Judge (Fast Track) No.3, Jaipur District, Jaipur (hereinafter referred to as 'the tribunal'). By the impugned judgment and award, the tribunal awarded a sum of Rs.1,00,000/-as compensation along with interest @ 6% per annum.
I have heard learned counsel for the parties.
It is contended by learned counsel for the Insurance Company that the vehicle in question was a light commercial vehicle while the driver of the offending vehicle was having a driving license for driving a light motor vehicle. Hence, the driver of the offending vehicle was not holding a valid license at the time of the accident. Thus, the insured committed a breach of the insurance policy and therefore, Insurance Company is not liable to indemnify the insured.
On the other hand, learned counsel for the claimants has opposed the appeal and has submitted that since the driver of the offending vehicle was holding a license to drive a light motor vehicle and the weight of the vehicle in question was below 7500 kilo gram, therefore, the driver of the offending vehicle was holding a valid driving license to drive the offending vehicle.
In support of his contentions, learned counsel for the claimants has placed reliance on the judgments of the Hon'ble Apex Court in Mukund Dewangan Vs. Oriental Insurance Company Limited, (2017) 14 Supreme Court Cases 663.
I have considered the submissions made by the learned counsel for the parties and have perused the material available on record.
The issue raised by the learned counsel for the appellant is not res-integra. Hon'ble Supreme Court in Mukund Dewangan (Supra), observed as under:-
"60. Thus we answer the questions which are referred to us thus:
60.1. "Light motor vehicle" as defined in section 2(21) of the Act would include a transport vehicle as per the weight prescribed in section 2(21) read with section 2(15) and 2(48). Such transport vehicles are not excluded from the definition of the light motor vehicle by virtue of Amendment Act No.54/1994.
60.2. A transport vehicle and omnibus, the gross vehicle weight of either of which does not exceed 7500 kg. would be a light motor vehicle and also motor car or tractor or a road roller, 'unladen weight' of which does not exceed 7500 kg. and holder of a driving licence to drive class of "light motor vehicle" as provided in section 10(2)(d) is competent to drive a transport vehicle or omnibus, the gross vehicle weight of which does not exceed 7500 kg. or a motor car or tractor or road-roller, the "unladen weight" of which does not exceed 7500 kg. That is to say, no separate endorsement on the licence is required to drive a transport vehicle of light motor vehicle class as enumerated above. A licence issued under section 10(2)(d) continues to be valid after Amendment Act 54/1994 and 28.3.2001 in the form.
60.3. The effect of the amendment made by virtue of Act No.54/1994 w.e.f. 14.11.1994 while substituting clauses (e) to (h) of section 10(2) which contained "medium goods vehicle" in section 10(2)(e), medium passenger motor vehicle in section 10(2)(f), heavy goods vehicle in section 10(2)(g) and "heavy passenger motor vehicle" in section 10(2)(h) with expression 'transport vehicle' as substituted in section 10(2)(e) related only to the aforesaid substituted classes only. It does not exclude transport vehicle, from the purview of section 10(2)
(d) and section 2(41) of the Act i.e. light motor vehicle.
60.4. The effect of amendment of Form 4 by insertion of "transport vehicle" is related only to the categories which were substituted in the year 1994 and the procedure to obtain driving licence for transport vehicle of class of "light motor vehicle" continues to be the same as it was and has not been changed and there is no requirement to obtain separate endorsement to drive transport vehicle, and if a driver is holding licence to drive light motor vehicle, he can drive transport vehicle of such class without any endorsement to that effect."
Admittedly, in the case at hand, the vehicle in question was in the category of a light commercial vehicle and the 'Ladan' weight of the vehicle is 3305 kilo grams i.e. below 7500 kilo grams. In these circumstances, the driving license held by the driver of the offending vehicle authorising him to drive a light motor vehicle has been rightly considered as a valid driving license by the Tribunal. Hence, this appeal is devoid of any merits.
Consequently, the appeal as well as the cross- objections is dismissed accordingly.