JUDGMENT :

Whether the person holding a driving licence to drive the ‘light motor vehicle’ is required to have transport vehicle endorsement to drive an autorickshaw as a public transport vehicle is the question before this Court.

2. The insurer is assailing the judgment and award dated 24.10.2009 passed in MVC No.1090/2007 wherein the MACT, Mangaluru fastened the liability on the insurer.

3. Essential facts necessary for adjudication of this appeal can be summed up as under :

- The autorickshaw in question is covered by the policy issued by the insurer.

- The driver had a licence to drive a ‘light motor vehicle’.

- The autorickshaw was used as a public transport vehicle.

- On 28-11-2006, the autorickshaw met with an accident, and the claimant, a passenger in the said vehicle, suffered injuries.

- The driver did not have an endorsement to drive a transport vehicle.

- The plea of the insurer that the licence to drive a ‘light motor vehicle’ without an endorsement to drive the ‘transport vehicle’ is not a valid licence to drive an autorickshaw is not accepted by the Tribunal.

- Tribunal held that a licence to drive a ‘light motor vehicle’ is a valid licence to drive the autorickshaw even if it