The appeals have been preferred by the owner, aggrieved by the
award passed by the Motor Accident Claims Tribunal, Bhiwani (for
short, “the MACT”). The driver was driving a tractor which was
attached to the trolley carrying goods. The MACT held that the same
becomes transport vehicle though the driver was having licence to
drive motor cycle, scooter, car, jeep and light motor vehicle. There
was no endorsement to drive a transport vehicle. Thus, there was
violation of the conditions of the policy. Driver was not having a valid
licence to drive transport vehicle. Thus, after making payments to the
appeals.
This Court has considered the question whether the holder of
licence for light motor vehicle can drive tractor attached to the trolley
carrying goods and also whether separate endorsement is required
authorizing him to drive such a transport vehicle?
We have answered the question that driver having licence to
drive light motor vehicle can drive such a transport vehicle of LMV
class and there is no necessity to obtain separate endorsement, since
tractor attached with the trolley was transport vehicle of the category
of light motor vehicle. Hence, there was no breach of the conditions of
the policy.
Accordingly, in view of the answer given to reference by the three
Judge Bench of this Court in Mukund Dewangan vs. Oriental
Insurance Co. Ltd. etc. (Civil Appeal No.5826 of 2011), these appeals
have to be allowed and are hereby allowed. The right given to the
insurer to recover amount from owner is hereby set aside. The
liability is held to be joint and several of owner, driver and insurer. No
costs.
REVISED
(for Judgment)
Civil Appeal Nos.8395-8396 of 2017 @Petition(s) for Special Leave to Appeal(C)No(s).35534-35535/2013
SANT LAL Petitioner(s)
RAJESH AND ORS ETC Respondent(s)
Date : 03-07-2017 These matters were called on for pronouncement of
judgment today.
For Petitioner(s) Ms. Archana Pathak Dave, AOR
Mr. Vineet Bhagat, AOR
For Respondent(s) Mr. Bharat Bhushan, AOR
Hon'ble Mr. Justice Arun Mishra pronounced the judgment of the
Bench comprising His Lordship and Hon'ble Mr. Justice Amitava Roy.
The appeals are allowed in terms of the signed reportable
judgment.
(Signed reportable judgment is placed on the file)
ITEM NO.1503 COURT NO.11 SECTION IV-B (for Judgment)
Petition(s) for Special Leave to Appeal (C)No(s).35534-35535/2013 (Arising out of impugned final judgment and order dated 02-08-2013 in FAO No. 347/2011 passed by the High Court of Punjab & Haryana at Chandigarh)
SANT LAL Petitioner(s) RAJESH AND ORS ETC Respondent(s)
(HEARD BY : HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE AMITAVA ROY)
Date : 03-07-2017 These matters were called on for pronouncement of judgment today.
For Petitioner(s) Ms. Archana Pathak Dave, AOR
Mr. Vineet Bhagat, AOR
For Respondent(s) Mr. Bharat Bhushan, AOR
UPON hearing the counsel the Court made the following
O R D E R
The appeals are allowed in terms of the signed reportable
judgment.
(Signed reportable judgment is placed on the file)