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Madhya Pradesh High Court · body

2003 DIGILAW 216 (MP)

National Insurance Co. Ltd. v. Sugan Bai

2003-01-31

DEEPAK VERMA, S.L.KOCHAR

body2003
JUDGMENT I.A.No. 4298 of 02 has been filed by Res. No.1 and 2 for early hearing of the appeal on merits, The application is allowed and the appeal is heard on merits. This appeal is at the instance of the Insurance Company, against the A ward passed by 3rd Addl. Motor Accidents Claims Tribunal, Ratlam in M.C. No. 36 of 1998, decided on 31.1.2000 wherein on account of death of Fulsinghji in a motor accident, his wife and daughter respondents No. 1 and 2 herein have been awarded a sum of Rs. 1,23,200/-. The grievance of the Insurance Company is that at the relevant point of time, respondent No.3, the driver of the vehicle was not holding a valid licence to drive a transport vehicle. However, it has not been disputed before us that he was holding a licence to drive private light motor vehicle, but it did not contain an effective endorsement made by the Licensing Authority entitling him to drive a transport vehicle too. However, this point, as has been projected in this appeal, has been squarely covered and answered by judgment of the Supreme Court reported in 2000 ACJ. 319 Asiwk v. Oriental Insurance Company, Ltd. In the said case the Apex Court has held that the vehicle in question would remain a light motor vehicle as the vehicle was weighing less than 6,000 kgs, and was not carrying any goods at the time of the accident, though the vehicle was designed to be used as a transport vehicle or goods carrier. The Supreme Court has further, while interpreting the words' 'effective driving licence", has held that the same would mean a valid licence both as regards the period and type of vehicle. In the case in hand admittedly the appellant had not led any evidence to show that, at the relevant point of time, the vehicle in question was weighing more than 6,000 kgs. In view of the aforesaid facts and the legal position as emerging from the aforesaid judgment of the Supreme Court, it is clearly made out that respondent No.3, the driver of the vehicle, at the relevant point of time was holding a valid licence. If that be so, the Insurance Company cannot escape its liability. Thus, we find that the Claims Tribunal was justified in holding the Insurance Company also liable for payment of compensation. If that be so, the Insurance Company cannot escape its liability. Thus, we find that the Claims Tribunal was justified in holding the Insurance Company also liable for payment of compensation. We have been informed that the amount has been directed to be deposited in the FDR, However, the respondent No. I mother would be entitled to receive the amount in cash, but that of the daughter would continue to be in fixed deposit till she attains the age of majority. Thus, there is no merit or substance in this appeal. The same is hereby dismissed, but with no order as to costs.