A driver with a light motor vehicle license can operate transport vehicles under 7500 kgs without needing separate endorsement.

JUDGMENT :

Vinit Kumar Mathur, J.

1. Despite service, nobody is present on behalf of the respondents and the present appeal is pending consideration since the year 2004, therefore, the same is being heard and decided finally today itself.

2. Heard learned counsel for the appellants.

3. The present appeal has been filed against the Judgment and Award dated 09.05.2003 passed by the learned Motor Accident Claims Tribunal, Jalore (hereinafter referred to as “the learned Tribunal”), whereby, the claim petition filed by the respondent- claimant has been allowed. The present appeal has been filed on behalf of the owner and driver of the offending Jeep Trola (Mini Trola) which met with an accident on 22.09.2000 near old bus stand in village Sayla. In the accident, two persons Smt. Aji Devi and Smt. Lungo sustained injuries and they were rushed to the hospital where they were given treatment. Both the injured persons filed claim petitions before the learned Tribunal, wherein, the learned Tribunal, after adjudicating the issue has allowed the claim petitions vide order dated 09.05.2003, fastening the liability of paying compensation upon the present appellants while exonerating the Insurance Company.

4. Learned counsel for the appellants vehemently submits that as per the admitted position in the present case, the driver of the vehicle Hanwant Kumar was holding a valid driving licence for driving light motor vehicle. The licence is placed on record as Ex.15. He further submits that the vehicle involved in the present case was mini truck and as per the registration certificate of the vehicle, the same was Jeep Trola (Mini Trola) and its weight was less than 7500 kgs. He further submits that the findings record by the learned Tribunal on issue No.3 is contrary to the judgment of Hon’ble the Supreme Court in the case of Mukund Dewangan Vs. Oriental Insurance Company Limited reported in 2017(14) SCC 663 . On the strength of the judgment of Mukund Dewangan , learned counsel submits that since the driver of the vehicle was holding the licence to drive ‘light motor vehicle’ and the motor vehicle which was being driven was less than 7500 kgs, therefore, the same was covered by the Insurance Policy and the Insurance Company was liable to pay the compensation in the present case. He, therefore, prays that the liability to pay the compensation upon the present appellants may be quashed and set aside and the respondent – Insurance Company may be directed to pay the compensation to the claimants.

5. I have considered the submissions made at the Bar and have gone through the relevant record of the case.

6. The admitted fact in the present case shows that in the accident which occurred on 22.09.2000, Smt. Aji Devi and Smt. Lungo sustained injuries and they were extended the treatments. On the claim petitions filed by the injured persons, the learned Tribunal has allowed their claim petitions fastening the liability to pay the compensation upon the appellants vide Judgment and Award dated 09.05.2003. The appellants are the driver and owner of the offending vehicle. As per Ex.15, the driver of the vehicle Hanwant Kumar was holding a driving licence to drive light motor vehicle. As per Ex.12, the registration certificate, the weight of the vehicle was less than 7500 kgs and, therefore, the driver of the vehicle was eligible to drive the motor vehicle even used for the transport purposes since it was less than 7500 kgs. Therefore, as per the condition in the Insurance Policy, the driver of the vehicle was entitled to drive the vehicle involved in the present accident even in the category of transport vehicle as the same was weighing less than