Validity of insurance liability based on driver's possession of a valid driving license for the vehicle.

O. P. BISHNOI, J.

( 1 ) THESE four appeals have been filed against the judgment dated 28. 4. 1998 delivered by the learned Motor accidents Claims Tribunal, Nagaur.

( 2 ) ON 6. 8. 1992 at about 5. 30 a. m. a jeep bearing No. RJ 19-4407 overturned, near Nagaur as a result of which one Abdul kareem was fatally wounded. The appellant Qazi Atta Mohammed also received injuries. Sawai Singh was the driver of the said jeep at the time of accident and the appellant Fazal Ali was the owner of the said vehicle. The jeep was insured with the respondent United India Insurance Co. Ltd. at the relevant time.

( 3 ) QAZI Atta Mohd. filed Claim Petition no. 6 of 1993 claiming Rs. 12,00,000 as damages on account of injuries received by him. Claim Petition No. 47 of 1992 was filed by the legal heirs of the deceased abdul Kareem, who claimed Rs. 9,25,000 as damages. Fazal Ali, who was the owner of the jeep filed Claim Petition No. 16 of 1993 and claimed Rs. 46,500 on account of alleged damage caused to the jeep.

( 4 ) AFTER the replies were filed by the respective opposite parties, issues were framed and after the evidence of all the parties was recorded, all the three claim petitions were decided on 28. 4. 1998 by the impugned judgment.

( 5 ) THE learned Tribunal found that the respondent Sawai Singh was holding the driving licence to drive a heavy transport vehicle only and was not empowered to drive a jeep or a light motor vehicle and hence, it amounted to breach of the conditions of the policy. Consequently, it was found that the insurance company could not be held liable for any claim or damages. The Claim Petition No. 16 of 1993 which was filed by Fazal Ali (the owner of the vehicle) was filed against the insurance company alone and consequently, the same was dismissed in its entirety. For the claim Petition No. 6 of 1993 the learned tribunal found that the appellant Qazi atta Mohammed was entitled to damages to the extent of Rs. 18,000 only on account of the injuries received by him and it was found that the driver and the owner were liable for the said sum. For the Claim Pettion No. 47 of 1992 it was found that the legal heirs of the deceased Abdul Kareem were entitled to receive damages from the owner and the driver of the jeep jointly and severally to the extent of Rs. 1,17,200. In this way, so far as the insurance company was concerned, no award was passed against it. Feeling aggrieved Qazi Atta mohammed has filed Civil Misc. Appeal no. 417 of 1998. Civil Misc. Appeal No. 393 of 1998 has been filed by Amna Khatun and 7 others, who are the legal heirs of the deceased Abdul Kareem. In both these appeals a prayer for enhancement of the amounts awarded has been made with further prayer that the insurance company should also be held liable for the damages. In respect of the award passed in Claim petition No. 47 of 1992 another appeal has been filed by Fazal Ali with a prayer that the insurance company should also be made liable to reimburse the claimants in respect of the amount awarded. Civil Misc. Appeal No. 418 of 1998 has been filed by fazal Ali, feeling aggrieved by dismissal of Claim Petition No. 16 of 1993.

( 6 ) IN this way it is to be seen as to whether the dismissal of the three claim petitions vis-a-vis the insurance company was improper. Further, it is to be seen as to whether the amounts awarded in the said two cases require to be enhanced.

( 7 ) THE learned Tribunal has found that the driving licence produced by Sawai singh was for driving a heavy vehicle and there was no valid driving licence to drive a light motor vehicle or a jeep and in this way the insurance company could not be held liable. The learned counsel for the appellants has argued that if a person holds driving licence to drive a heavy vehicle, there is a presumption that initially he was issued driving licence for a light vehicle including a jeep and only thereafter a licence to drive heavy vehicle was issued to him. Further, it is argued that und