G.S.SINGHVI, S.S.SUDHALKAR
Pratap Singh – Appellant
Versus
Sharmila – Respondent
S.S.Sudharkar, J.
1. This appeal has been filed by the owner and driver of the vehicle involved in the accident against the award passed by the Motor Accident Claims Tribunal, Bhiwani, by which an award of Rs. 1,00,000/ was made against them.
2. In this case notice of motion was issued to respondent No. 5 only.
3. We have heard learned counsel for the appellants and learned counsel for respondent No. 5.
4. The challenge to the award during the arguments was only regarding the liability of the Insurance Company. It is the argument of learned counsel for the appellants that the award of the Tribunal is erroneous to the extent that it has absolved the Insurance Company, respondent No. 5 from the liability to pay compensation. The reason for the tribunal holding that the Insurance Company was not liable is that the driving licence of the driver was not issued for driving a transport vehicle. The learned tribunal has relied on the case of Manohar Jamatmal Sindhi and Anr. v. Ranquba and Ors., 1994 A.C.J. 1280. It is held by the High Court of Gujarat in that case that the driver was holding licence to drive a light motor vehicle whereas he was driving a transport vehicle and in th
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