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REKHA PALLI
HDFC Ergo General Insurance Co. Ltd. – Appellant
Versus
Bindu Paswan – Respondent
JUDGMENT :
REKHA PALLI, J.
1. The present appeal preferred by the insurer under Section 173 of the Motor Vehicles Act, 1988, seeks to assail the award dated 26.03.2021 insofar as it does not grant any recovery rights to the appellant against the respondent no.2/driver/owner of the offending vehicle, which was insured with the appellant.
2. Despite service, none appears for the respondents. In these circumstances, this Court has no other option, but to take up the matter for disposal without granting any further opportunity to the respondents.
3. Learned counsel for the appellant submits that once it was clear from the unrebutted testimony of the Record Clerk from the Sarai Kale Khan Transport Authority, South Zone, New Delhi that the respondent no.2 did not have a valid licence to drive a two wheeler vehicle, it was evident that the terms and conditions of the insurance policy stood breached which fact the learned Tribunal failed to consider and consequently, did not grant recovery rights to the appellant. In support of his plea, he seeks to place reliance on the decision of this Court in Bajaj Allianz General Insurance Co. Ltd. v. Akram Hussain & Ors. [MAC.APP.306/2009].
4. Having cons
The main legal point established in the judgment is the significance of holding a valid license to drive a specific type of vehicle as per the Motor Vehicles Act, and the breach of insurance policy t....
The court ruled that a driving license for a 'transport vehicle' includes authorization to drive a 'heavy goods vehicle', making the insurer liable for compensation.
Endorsements on driving licences are necessary for operating transport vehicles, establishing liability standards under the Motor Vehicles Act.
A light motor vehicle license suffices for driving a transport vehicle under 7500 kg, modifying liability to include the insurance company.
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