The appellant was the driver of a goods autorickshaw. It knocked down the 1st respondent causing him injuries. The 2nd respondent was the owner and the 3rd respondent the insurer. In the O.P. filed by the appellant, the Tribunal found that there was negligence on the part of the appellant and the 1st respondent is entitled to compensation. It directed the 3rd respondent to pay the amount. It also issued a direction to recover the amount from the respondents on the ground that the appellant had no license to drive transport vehicle at the relevant time. This is challenged in this appeal.
2. Heard.
3. The appellant has produced Annexure A - photocopy of his driving license which shows that he had M.A.C.A. No.1195/2014 -2-
license to drive transport vehicle from 16.12.2006 to 15.12.2011. The accident happened on 24.5.2009. He did not produce this driving license in the Tribunal. But, he produced another license which was issued before the renewal of the driving license. So, by Annexure A it stands proved that the appellant had license to drive the vehicle involved in the accident. There is no breach of any condition. The 3rd respondent cannot be allowed to recover the amount from the insured.
In the result, this appeal is allowed. The direction to recover the compensation from respondents 1 and 2 in O.P. is set aside. The appellant is allowed to withdraw the amount deposited in this Court under section 170 of M.V. Act.
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K. ABRAHAM MATHEW, JUDGE jjj