The driver's lack of a valid license for transporting hazardous goods absolves the insurer company of liability to pay compensation.

JUDGMENT :

1. The appeal stands preferred by the appellant against award dated 04.04.2016 passed by learned Presiding Officer, Motor Accident Claims Tribunal, Jammu, whereby the Tribunal has awarded Rs.39,68,948/- in favour of the respondents/claimants. The award is challenged by the appellant Insurance Company mainly on the ground that the insurance company is not liable to indemnify the claimants in the claim petition as the vehicle insured was petrol tanker bearing Registration No. JK02-E/4721 and the vehicle was being driven by the driver of the offending vehicle without valid and effective driving licence as on the date of accident. The provisions of 'The Motor Vehicles Act' read with the rules framed under the Act place the vehicle in question under the definition of public carrier goods carrying goods which are dangerous and hazardous in nature and therefore the licence for driving vehicle had to be specifically for this purpose. The appellant has also challenged the quantum of compensation awarded in favour of the claimants. The learned counsel for the appellants has reiterated the submissions made in the appeal during the course of arguments.

2. The driving license of the driver of the offending vehicle was not valid one so as to entitle him to drive the vehicle of present nature and therefore the insurance company is not liable to pay the compensation awarded by the tribunal is the precise submissions made on behalf of the appellant-Insurance Company.

3. The learned counsel appearing for the respondents/claimants has argued that the tribunal has rightly awarded the compensation in favour of the claimant and that the appellant company being insurer of the vehicle is liable to compensate the claimants for the accident caused by the offending vehicle. The learned counsel for the owner and driver submits that the driver was holding the license as required under The Motor Vehicle Act, and there was no reason to fasten the liability of the compensation awarded by the tribunal against them instead of the appellant-company.

4. The vehicle in question is Heavy Goods Vehicle and type of body is petrol tanker and the same is evident from the Registration Certificate which is on the file and the insurance policy which was in enforce and valid as on the date of accident. There is no dispute on this factual aspect of the matter. The accident has taken place on 10.09.2013 which resulted into the death of Sat Paul. The claimants are legal heirs of the deceased. The accident took place due to the rash and negligent act of the driver of the vehicle No. JK02-AE/4271 is not the issue which requires any deliberation as the appellant has not in all fairness challenged the findings on this issue. The court is otherwise also satisfied that the tribunal has not erred in recording the finding of rash and negligent act of the driver of the tanker causing accident which resulted into the death of Sat Paul.

5. The vehicle was insured with the Insurance Company is not in question as stated above. The driver of the offending vehicle was having licence as on the date of accident which took place on 10.09.2013. The issue for determination in the appeal is if the driving licence of the driver of the offending vehicle, petrol tanker, had valid licence for driving the oil tanker which caused accident. Naresh Kumar was the driver of the vehicle and had licence having validity from 10.07.2006 to 09.07.2026. The licence was issued primarily for Light Motor Vehicle and Motor Cycle with Gear in favour of Naresh Kumar as per the driving licence issued by Motor Vehicle Authority, Rajouri. Another certificate dated 03.04.2014 issued by the Transport Authority, Rajouri, reveals that there is endorsement in the certificate where license for HGV (Heavy Goods Vehicle) is valid up to 05.10.2013. It is to be noticed that the respondent No. 6 herein filed an application in appeal for bringing on record the certificate from licencing authority, M.V.D, Jammu mentioning endo