A driver with a light motor vehicle license can operate a light goods vehicle under 7500 kg without needing specific authorization, and insurance liability cannot be denied for vehicles under 3000 kg due to permit issues.

JUDGMENT :

PARTH PRATEEM SAHU, J.

1. With the consent of learned counsel appearing for the parties, the case is heard finally.

2. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) is filed by the appellant (owner) of the offending vehicle- Bolero Pick-up No. CG-12-AN-4525 challenging the award dated 23.04.2019 passed by learned Third Motor Accidents Claims Tribunal, Bastar at Jagdalpur in Claim Case No.20 of 2018, whereby claim application filed by the respondents No.1 to 3/claimants has been partly allowed.

3. Facts relevant for disposal of this appeal are that respondents No. 1 to3/claimants filed an application under Section 166 (1) and Section 140 (1) of the Act of 1988 before the learned Third Additional Motor Accident Claims Tribunal, Bastar at Jagdalpur, pleading therein that on 25/06/2017, Lachhandai, along with her husband Shankar Besra, was returning home on a motorcycle after meeting her relative. When they were standing along with motorcycle on the side of the road near Hatguda Cricket Ground, at the same time, non-applicant No.1/driver of the Bolero vehicle bearing registration number CG 12 AN 4525 driving the vehicle in a rash and negligent manner, dashed the motorcycle driven by claimant- Shankar from the front, caused an accident in which Shankar Besra suffered serious injuries on his head, legs and other parts of the body. Lachhandai suffered severe injuries on her head, legs and other parts of the body, she was taken to Maharani Hospital, Jagdalpur for treatment where Lachhandai died. The applicants are husband and sons of Lachhandai. She was about 35 years old, healthy and hardworking, running a vegetable business and earning monthly income of Rs. 10,000/-. Her sudden death has caused extreme physical, mental and financial loss to the applicants. Hence, they claimed for total compensation of Rs. 26,70,000/- from non-applicants under various heads.

4. Non-applicant No.1, after receiving the notice of claim application, sought time on 12/04/2018 to appear in person and file Vakalatnama of his Advocate. The reply was not submitted by him on 28/04/2018 and due to his absence on the said date, he was proceeded ex-parte.

5. Non-applicant No.2 in its written statement had denied the pleadings made in the claim application and pleaded that accident happened due to carelessness of Shakar Besra while driving his motorcycle. The accident did not happen due to the fault of non-applicant No.1. The accident happened due to collision of two vehicles. At the time of the accident, non-applicant No.1 had a valid and effective driving license. On the date of accident, the vehicle was insured with non-applicant No.3, hence, liability to pay amount of compensation will be upon non-applicant no.3.

6. Non-applicant No.3 in its written statement also denied the pleadings made in the claim application and pleaded that the accident happened due to careless driving of the motorcycle driver. The accident happened between a Bolero vehicle and the motorcycle. Non-applicant No.1 did not have a valid and effective driving license to drive the Bolero vehicle CG 12 AN 4525 on the date and time of the incident. Non-applicant No.2 did not have RC book, fitness, permit of the vehicle on the date and time of the incident. The vehicle was being driven in violation of the terms and conditions of the insurance policy, hence, claim against non-applicant No.3 be dismissed.

7. Learned Claims Tribunal, on appreciation of pleadings and evidence brought on record by respective parties, held that on the date of accident, offending vehicle was being driven