Jagdish Kumar Sood v. United India Insurance Co. Ltd. and Ors
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 claiman t 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.
Interest @ 7.5 per cent per annum was awarded on th e 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 c ompensation
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.
19
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 1 in which it has
been inter alia heldas follows:
“60.1. “Light motor vehicle” as defined in Section 2(21) of t he
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, “unl aden
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 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 sha ll jointly and
severally be fastened on the insurer, in addition to the owner and driver.
There shall be no order as to costs.
Bibhuti Bhushan Bose Appeal allowed.
1(2017) 14 SCC 663
JAGDISH KUMAR SOOD v. UNITED INDIA INSURANCE CO.
LTD. AND ORS. [DR. D.Y . CHANDRACHUD, J.]