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2016 DIGILAW 784 (HP)

National Insurance Company Ltd. v. Sunka Ram

2016-05-13

MANSOOR AHMAD MIR

body2016
JUDGMENT : Mansoor Ahmad Mir, J. This appeal is directed against the award dated 11th September, 2009, passed by the Motor Accident Claims Tribunal, Bilaspur, District Bilaspur (hereinafter referred to as ‘the Tribunal’), in M.A.C. Petition No. 13 of 2006, whereby compensation to the tune of Rs. 2,69,700/- with interest @ 9% per annum from the date of filing of the claim petition, came to be awarded in favour of the claimant-respondent No. 1 and the insurance company-appellant was saddled with liability (hereinafter referred to as ‘the impugned award’). 2. The owner and driver have not questioned the impugned award, on any count. Thus, it has attained finality, so far it relates to them. 3. The insurer has questioned the impugned award on the ground that the Tribunal has fallen in an error in saddling it with the liability. 4. The only dispute in this appeal is relating to Issue No. 3. It is apt to reproduce Issue No. 3 herein:- “Whether the respondent No. 1 was not holding a valid and effective driving license at the time of accident, if so, its effect? ….OPR-2 (now respondent No. 3) 5. The Tribunal has made discussion in paras-20 & 21 of the impugned award, is legally correct. 6. The similar issue has also been determined by this Court, in FAO No. 703 of 2008, titled Dinesh Kumar versus Trishla Devi & another, decided on 04.09.2015. It is apt to reproduce paras-5 & 6 of the said judgment herein: 5. Admittedly, the driver was having a valid and effective driving licence to drive the vehicle, which is at page 147 of the record file. The offending vehicle was falling within the definition of “light Motor Vehicle” thus, the driver was competent to drive the said offending vehicle in terms of mandate of Sections 2(17)(19) and (21), readwith Sections 3, 7 and 10(2)(e) of the Act. It is apt to reproduce all the referred Sections herein: “Section 2(17) "heavy passenger motor vehicle" means any public service vehicle or private service vehicle or educational institution bus or omnibus the gross vehicle weight of any of which, or a motor car the unladen weight of which, exceeds 12,000 kilograms; 2(19). It is apt to reproduce all the referred Sections herein: “Section 2(17) "heavy passenger motor vehicle" means any public service vehicle or private service vehicle or educational institution bus or omnibus the gross vehicle weight of any of which, or a motor car the unladen weight of which, exceeds 12,000 kilograms; 2(19). "learners licence" means the licence issued by a competent authority under Chapter II authorising the person specified therein to drive as a learner, a motor vehicle or a motor vehicle of any specified class or description; 2(21). "light motor vehicle" means a transport vehicle or omnibus the gross vehicle weight of either of which or a motor car or tractor or road-roller the unladen weight of any of which, does not exceed 2 [7500] kilograms; “Section 3. No person shall drive a motor vehicle in any public place unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no person shall so drive a transport vehicle other than 1[a motor cab or motor cycle] hired for his own use or rented under any scheme made under subsection (2) of section 75] unless his driving licence specifically entitles him so to do. (2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.” Section (7) Where the Central Government is satisfied that it is necessary or expedient so to do, it may, by rules made in this behalf, exempt generally, either absolutely or subject to such conditions as may be specified in the rules, any class of persons from the provisions of sub-section (3), or subsection (5), or both. (8) Any learners licence for driving a motor cycle in force immediately before the commencement of this Act shall, after such commencement, be deemed to be effective for driving a motor cycle with or without gear. Section 10.(2)(e) transport vehicle;] (i) road-roller; (j) motor vehicle of a specified description” 6. My this View is also fortified by this Judgment delivered by the Apex Court in the case titled as National Insurance Co. Ltd. versus Swaran Singh and others, reported in AIR 2004 Supreme Court 1531. It is apt to reproduce para 88 of the said judgment herein: “88. Motor Vehicles Act, 1988 provides for “grant of learner's licence. My this View is also fortified by this Judgment delivered by the Apex Court in the case titled as National Insurance Co. Ltd. versus Swaran Singh and others, reported in AIR 2004 Supreme Court 1531. It is apt to reproduce para 88 of the said judgment herein: “88. Motor Vehicles Act, 1988 provides for “grant of learner's licence. (See Section 4(3), Section 7(2), Section 10(3) and Section 14). A learner's licence is, thus, also a licence within the meaning of the provisions of the said Act. It cannot, therefore, be said that a vehicle when being driven by a learner subject to the conditions mentioned in the licence, he would not be a person who is not duly licensed resulting in conferring a right on the insurer to avoid the claim of the third party. It cannot be said that a person holding a learner's licence is not entitled to drive the vehicle. Even if there exists a condition in the contract of insurance that the vehicle cannot be driven by a person holding a learner's licence, the same would run counter to the provisions of Section 149(2) of the said Act.” 7. This Court in FAO No. 125 of 2008, titled Oriental Insurance Company Ltd. Versus, Smt. Amra Devi & others, decided on 17th April, 2015, has laid down the same principles of law. 8. Having said so, I am of the considered view that the Tribunal has rightly made the discussion and held that the insured has not committed any willful breach and saddled the insurer with the liability. 9. Accordingly, the impugned award is upheld. 10. The Registry is directed to release the entire amount in favour of the claimant, strictly in terms of conditions contained in the impugned award, through payees account cheque or by depositing in his account. 11. The appeal stands disposed of. 12. Send down the records after placing a copy of the judgment on the Tribunal's file.