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Judgment
P. Sam Koshy, J
The present appeal under Section 173 of the Motor Vehicles Act has been filed by the insurance company against the award dated 20.01.2012
passed by the 1st Additional Motor Accident Claims Tribunal, Durg (in short, the Tribunal) in Claim Case No.140/2009. Vide the said impugned
award, the Tribunal has awarded compensation of Rs.2,74,000/- along with interest @ 6 percent per annum from the date of application.
The sole ground of challenge in the instant appeal by the insurance company is that the driver of the offending vehicle on the date of accident did
not have a valid license inasmuch as the vehicle involved in the accident i.e. Matador bearing registration No.CG-07- C-1536 was a commercial
transport vehicle but the driver did not have an endorsement to drive a commercial vehicle.
This issue stands squarely covered by the decision of the Supreme Court in case of Mukund Devangan Vs. Oriental Insurance Co.Ltd. AIR 2017
SC 3668. Thus, the ground that driver did not have a valid license is no longer sustainable as the vehicle involved in the accident was Matador which
otherwise falls within the category of light motor vehicle and the driver also had a license to drive light motor vehicle.
Under such circumstances, the finding of the Tribunal cannot be found fault with and the appeal of the insurance company thus fails and is
dismissed.