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Judgment
N. Ananda, J.—MFA No. 901/2012 is filed by claimants for enhancement of compensation and to fasten liability on Insurance Company, inter alia contending that as on the date of accident, driver of insured vehicle was possessing valid and effective driving licence to drive a transport vehicle.
MFA No. 1939/2012 is filed by the owner of vehicle to fasten liability on Insurance Company and also to reduce compensation.
I have heard learned counsel for parties.
From the contents of Ex. R.2-Extract of Driving Licence, I find that driver of offending vehicle was issued driving licence to drive LMV-NT-Car on 23.11.2005 and LMV-Tr-CAB on 14.02.2007 and driving licence was valid up to 13.02.2010.
The learned counsel for claimants would submit that Tribunal has not considered this document. The Tribunal was not justified in fastening liability on the owner of vehicle involved in accident.
The learned Judge of Tribunal has held that vehicle involved in accident is a goods vehicle. The learned Judge of Tribunal after going through the contents of Ex. R.2 has held that driver of offending vehicle had licence to drive LMV (Non-Transport) car and he was not holding driving licence to drive offending goods vehicle. The learned Judge of Tribunal referring to the judgment of the Supreme Court, in Civil Appeal No. 5721/2008 (in the case of National Insurance Company Ltd. Vs. Vidyadhara Mahariwala & others) and also judgment of the Supreme Court, reported in 2010 ACJ 2706 (in the case of Bajaj Alliance General Insurance Company Ltd. Vs. N.M. Raghaprakash and another) has held that Insurance Company is not liable to pay compensation.
u/s 2(21) of the Motor Vehicles Act,. 1988 (for short, ''the Act''), "Light Motor Vehicle" is defined as follows:-
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 7,500 kilograms
In the circumstances, learned Judge of Tribunal should not have held that contents of driving licence extract shows that driver of offending vehicle had driving licence only to drive a LMV-NT-Car and LMV-Tr-Cab. Therefore, I am of the considered opinion that matter requires reconsideration by Tribunal. In the result, I pass the following:-
ORDER
The appeals are accepted. The impugned awards are set aside. The matters are remanded to Tribunal for reconsideration in the light of observations made herein and in accordance with law. The findings recorded by Tribunal on other issues are not disturbed. The determination of adequacy or inadequacy of compensation does not arise for the present. Parties are at liberty to adduce further evidence. The amount deposited in MFA No. 1939/2012 shall be refunded to appellant.