1. This appeal has been preferred against the judgment and award dated 11.01.1999 passed by the Motor Accident Claims Tribunal [Aux.] Panchmahals at Godhra in M.A.C.P. No. 1610 of 1993, whereby the claim petition was partly allowed and the original claimants were awarded total compensation of Rs.2,88,628/ along with interest @ 15% per annum from the date of the application till its realization.
2. The facts in brief are that on 19.10.1993 at around 0730 hours, while Natvarsinh was walking on the side of the road, at that time, the driver of the bus bearing no. GJ06T 9143, in a rash and negligent manner dashed the deceased from the back side, as a result of which Natvarsinh sustained severe bodily injuries and subsequently he expired. The legal heirs of the deceased, filed claim petition, which came to be partly allowed, by way of the impugned award. Hence, this appeal.
3. The main contention raised by Mr. Nair learned counsel for the appellant Insurance Company is that the Tribunal has failed to appreciate the fact that at the time of accident, the driver of the bus was not holding a valid licence and therefore, the appellant Insurance Company cannot be saddled with any liability. In support of his submission, the learned counsel for the appellant has relied upon the decision of the Hon'ble Apex Court in the case of National Insurance Co. Ltd. v. Swaran Singh & Anr. (2004) 3 SCC 297.
4. Heard learned counsel for the respective parties and perused the documents on record. Having gone through the impugned award, it is not in dispute that at the time when the accident took place, the driver of the offending vehicle had only LMV [Light Motor Vehicle] and that he was not holding valid licence to drive the heavy vehicles. Under the Motor Vehicles Act, it is mandatory that the person who is driving the heavy vehicle must hold a valid licence, if any liability has to be sought upon the insurer by such offending vehicle. In the present case, the driver of the bus was holding a only light motor vehicle licence at the relevant point of time and was not of holding licence for heavy vehicle. Considering the facts and circumstances of the case and in view of the principle laid down in National Insurance's case (Supra), in my opinion, no liability can be saddled upon the Insurance Company, since the driver of the offending vehicle was not holding a valid licence at the relevant point of time. Hence, the appellant Insurance Company is required to be exonerated from the liability.
5. In view of the above, the appeal is allowed. The impugned judgment and award passed by the Tribunal is quashed and set aside qua the imposition of the liability upon the appellant Insurance Company. It is, however, observed that if the amount deposited before the Tribunal is already withdrawn by the original claimant, the same shall not be recovered from the original claimants and the Insurance Company shall be at liberty to recover the same from the owner of the vehicle. But, if the amount has not been withdrawn by the original claimants, the same shall be refunded to the Insurance Company along with interest @ 3% per annum. The appeals stand disposed of accordingly. No order as to costs.
[K.S. JHAVERI, J.]
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