IMPORTANT
Accident by Light Goods Vehicle - Driving licence of Light Motor Vehicle - No separate endorsement on licence is required to drive a transport vehicle of light motor vehicle class.
Motor Vehicles Act, 1988 Section 2(21) Accident by Light Goods Vehicle - Driving licence of Light Motor Vehicle - No separate endorsement on licence is required to drive a transport vehicle of light motor vehicle class - A licence issued under Section 10(2)(d) continues to be valid after Amendment Act 54 of 1994 and 28-3-2001 in form - Order of Tribunal absolving insurer set aside - Liability shall jointly and severally be fastened on insurer, in addition to owner and driver - 2017(4) RCR (Civil) 111 (SC), relied on. [Para 4] Case Referred :- Mukund Dewangan v. Oriental Insurance Company Limited, 2017(4) RCR (Civil) 111 : (2017) 14 SCC 663.JUDGMENT
Dr. D.Y. Chandrachud, J. - The Motor Accident Claims Tribunal allowed a claim for compensation filed by the third respondent. The claim arose from the death of the husband of the claimant on 4 January 2009 as a result of an accident caused by a collision with an offending truck. The Tribunal awarded an amount of L 4,08,000 together with interest at 6 per cent per annum. In an appeal filed by the third respondent the High Court enhanced the compensation to L 8,04,000. Interest @ 7.5 per cent per annum was awarded on the enhanced compensation. 2. The Tribunal absolved the insurer on the ground that the vehicle involved in the accident was a Light Goods Vehicle. The driver had a licence to drive the Light Motor Vehicle. The Tribunal held that in the absence of a specific authorization to drive a transport vehicle, the liability could not be fastened on the insurer. The Tribunal directed the insurer to pay in the first instance and allowed it to recover the compensation from the driver and the owner. The present appeal has been filed by the owner. 3. The High Court, while enhancing the compensation did not interfere with the order of the Tribunal absolving the insurer. 4. The issue which arises before the Court is not res integra and is covered by a judgment of a three Judges of this Court in Mukund Dewangan v. Oriental Insurance Company Limited, 2017(4) RCR (Civil) 111 : (2017) 14 SCC 663 in which it has been inter alia held as follows: