Mr. Justice S.K. Dubey, President—This appeal is directed against the order dated 10th January, 2002 passed in case No. 323/2001 by the District Consumer Disputes Redressal Forum, Bhopal (for short the “District Forum”) whereby the complaint for deficiency in service in not making the payment of the own damage claim of the Ambulance bearing registration No. M.P. 04-K 3625 comprehensively insured met with an accident on 25.3.2001 was allowed with an order to pay the amount of Rs. 25,245/- as assessed by the Surveyor with interest thereon at the rate of 12 per cent per annum from 23.5.2001 and Rs. 500/- as costs of the proceedings.

2. Learned Counsel for the Insurance Company contended that the Ambulance is a transport vehicle registered as LGV by the RTO Bhopal which did not have certificate of fitness as required by Section 56 of the Motor Vehicles Act, 1988. The driver driving the vehicle at the time of accident was holding a driving licence to drive light motor vehicle, which did not have an endorsement authorizing him to drive the transport vehicle as mandated by Section 3 of the Motor Vehicles Act, 1988, hence, the repudiation of the claim was on justifiable grounds.

3. Learned Counsel for the respondent submitted that the respondent could not produce the fitness certificate, but, the driver did possess a licence to drive light motor vehicle at the time of accident. The Ambulance is light motor vehicle and is not a transport vehicle, hence, the certificate of fitness or authorisation to drive transport vehicle was not necessary.

4. After hearing learned Counsels for the parties, in our opinion, the submission of the learned Counsel for the respondent that ambulance is not a transport vehicle which does not require endorsement authorising the driver to drive transport vehicle cannot be accepted in view of the decision of this Commission in Appeal No. 356/2001, decided on 8.8.2001, Sandeep v. Branch Manager, United India Insurance Co. Ltd., wherein this Commission considered the question and held that the ambulance is a transport vehicle and the driving licence of a driver driving such vehicle required an endorsement authorizing him to drive a transport vehicle. However, the Insurance Company was ordered to pay the amount of own damage claim as a non-standard claim, observing in paras 3 to 6 thus :

“3. The Central Government in exercise of the powers conferred by Sub-section (4) of Section 41 of the Motor Vehicles Act, 1988 (for short the `M.V. Act’) and in supersession of the notification No. S.O. 436(E), dated the 12th June, 1989 except or respects things done or omitted to be done before such supersession, the Central Government specified the types of Motor Vehicles mentioned in Column (2) of the Table below as the types in respect of motor vehicles specified in the corresponding entry in Column (1) thereof for the purpose of Sub-section (4), the relevant of which we quote :

The Table

Transport vehicles

Non-transport vehicles

(1)

(2)

(i)

Motor Cycle with side car for carrying goods.

(i)

Motor Cycle with or without car for personal use.

(ii)

Motor Cycle with trailer to carry goods.

(ii)

Motor Cycle with trailer to carry personal effects.

(iii)

Motor Cycle use for hire to carry one passenger on pillion and motorized Cycle-rickshaw for goods/passengers on hire

(iii)

Mopeds and motorized. cycles (engine capacity exceeding 35cc).

(1)

(2)

(iv)

Motor cab and luxury Cabs.

(iv)

Invalid carriage.

(v)

Goods carrier trucks /tankers/mail carriers.

(v)

Three wheeled vehicles for personal use.

(vi)

Trailers

(vi)

Motor car.

(vii)

Maxi-cab

(vii)

Fork Lift

(viii)

Stage carriers.

(viii)

Vehicles/trailers fitted with equipments like rig. Generator, compressor.

(ix)

Contract carriages and Tourist vehicles.

(ix)

Crane mounted vehicle.

(x)

Three wheeled vehicles for transport of passenger/goods.

(x)

Tractor.

(xi)

Mobile clinic/X-ray van library vans.

(xi)

Trailers to carry personal effects.

(xii)

Private service vehicle.

(xii)

Tower wagons and three trimming vehicles.

(xiii)

Educational insti