Accident--Licence--If a person possesses a valid licence for driving a Car/Scooter, it cannot be taken to be one for tractor.

Mr. Jitendra Chauhan, J.: (Oral) - The appellant, Oriental Insurance Company Limited, has preferred this appeal assailing the Award dated 24.04.2007 passed by the learned Motor Accident Claims Tribunal, Ambala, whereby the appellant has been held liable to indemnify the award.

2. The brief facts of the case in hand are that on 8.10.2005 at about 12.00 noon, the claimant, Mekh Singh along with one Jaswinder Singh, was going to Ambala City on his Hero Honda motorcycle bearing registration No.HR-02K-7191. When they reached near the PKR Jain Vatika School on Hisar-Ambala road, a tractor-trolley bearing registration No.HR-04-7756, being driven by the driver, Gurmail Singh, respondent No.2 herein, in a rash and negligent manner, came from the back side and hit against their motorcycle. As a result of the accident, Jaswinder Singh fell down on the kacha berm on left side of the road whereas the claimant, Mekh Chand fell on the road and his right leg was crushed under the front wheel of the offending tractor. Their motorcycle was also run over by the said tractor. The injured-claimant was removed to the Civil Hospital, Ambala. An FIR No.138 dated 8.10.2005 was registered under Sections 279, 337, 338, 427 IPC at Police Station Sadar Ambala.

3. With this background, the injured-claimant, Mekh Singh preferred claim petition before the learned Tribunal seeking compensation on account of the injuries sustained by him in the vehicular accident.

4. From the pleadings of the parties, the following issues were framed for determination by the learned Tribunal:-

(1) Whether the accident was caused due to the rash and negligent driving of tractor trolley bearing registration No.HR-04-7756 being driven by Gurmail Singh, respondent No.1 causing injuries to Mekh Chand, as alleged? OPP

(2) If issue No.1 is proved in affirmative, whether the claimant is entitled to compensation. If so, to what amount and from who? OPP

(3) Whether the respondent no.3-Insurance Company is not liable to make payment of any compensation in view of the preliminary objections taken in the written statement? OPR-3

(4) Relief.

5. Issue No.1 was decided in favour of the claimant while holding that the accident in question was caused due to the rash and negligent driving of the offending tractor by the driver, Gurmail Singh resulting into the injuries caused to the claimant. While deciding issue No.2, it was held that the injured-claimant was entitled to an amount of Rs.70,000/- as compensation on account of the injuries sustained by him in the said accident. As regards issue No.3, it was held that the as the driver, Gurmail Singh was holding valid and effective driving licence for driving the car/scooter at the time of the accident, and the offending tractor was fully insured with the Insurance Company (appellant herein) the respondents were jointly and severally liable to satisfy the Award.

6. Feeling aggrieved, the appellant-Insurance Company has preferred this appeal on the question of liability.

7. Learned counsel for the appellant has contended that the offending vehicle was being driven in violation of the terms and conditions of the Insurance policy. The driver of the offending Tractor was not holding a valid and effective driving licence. He has placed reliance upon the judgment rendered by the Division Bench of this Court in National Insurance Company Ltd. vs. Shinder Kaur 1998(1) RCR Civil) 302.

8. On the other hand, learned counsel appearing for the the owner and the driver has contended that the driver was holding a valid and effective driving licence at the time of accident and the learned Tribunal has rightly held liable the Insurance Company, being the insurer of the offending vehicle, to indemnify the award.

9. I have heard the learned counsel for the parties and perused the record.

10. Admittedly, the accident occurred on 8.10.2005, in which Mekh Singh-claimant received multiple injuries. The main controversy in this appeal is with regard to the liabi