Dr D Y CHANDRACHUD, J
1 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 Rs 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 Rs 8,04,000.
SignatureInterestNot Verified @ 7.5 per cent per annum was awarded on the enhanced
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 Limited1 in which it has been inter alia held as follows:
“60.1. “Light motor vehicle” as defined in Section 2(21) of
the Act would include a transport vehicle as per the weight
prescribed in Section 2(21) read with Sections 2(15) and
2(48). Such transport vehicles are not excluded from the
definition of the light motor vehicle by virtue of Amendment
Act 54 of 1994.” (Id at page 709)
“60.2. A transport vehicle and omnibus, the gross vehicle
weight of either of which does not exceed 7500 kg would be
a light motor vehicle and also motor car or tractor or a
roadroller, “unladen weight” of which does not exceed 7500
kg and holder of a driving licence to drive class of “light
motor vehicle” as provided in Section 10(2)(d) is competent
to drive a transport vehicle or omnibus, the gross vehicle
1 (2017) 14 SCC 663
weight of which does not exceed 7500 kg or a motor car or
tractor or roadroller, the “unladen weight” of which does not
exceed 7500 kg. That is to say, no separate endorsement
on the licence is required to drive a transport vehicle of light
motor vehicle class as enumerated above. A licence issued
under Section 10(2)(d) continues to be valid after
Amendment Act 54 of 1994 and 28-3-2001 in the form.” (Id
at page 710)
5 Having regard to the above position, the Civil Appeal will have to be
allowed.
6 The appeal is allowed, the order of the Tribunal absolving the insurer
shall accordingly stand set aside. The liability shall jointly and severally be
fastened on the insurer, in addition to the owner and driver. There shall be no
order as to costs.
New Delhi; March 06, 2018