M.A.C.M.A.No.4323 of 2012

JUDGMENT:

Aggrieved by the order dated 25.02.2005 in O.P.No.553 of

2000 passed by the Motor Accident Claims Tribunal-cum-Prl. District Judge at Khammam, the Insurance Company has filed the present appeal.

2. Heard Sri Kota Subba Rao, learned counsel for the appellant/Insurance company and Sri G.L.Narasimha Rao, learned counsel for respondents/claimants.

3. The Insurance Company is questioning grant of compensation by the Tribunal mainly on two grounds. Firstly, the driver of the vehicle was holding non-transport driving license, secondly, the deceased was a gratuitous passenger. The accident is not disputed by the counsel for the Insurance company.

4. The ground raised by the Insurance company that the driver was holding non-transport driving license will not have any bearing on the compensation that would be granted by the Tribunal. In Mukund Devgan vs Oriental Insurance Company1 the Hon’ble Apex Court held that the person holding non- transport driving license can as well drive a transport motor vehicle. The said ground will not be an impediment in granting compensation in the Tribunal.

5. The Tribunal specifically found that the deceased was the owner of goods transported in the lorry and the deceased cannot be treated as unauthorized passenger. The second ground raised by the Insurance company also cannot be accepted.

6. Accordingly, the Insurance company fails on both the grounds and appeal is liable to be dismissed.

7. The appeal is dismissed. No costs.

Pending miscellaneous petitions, if any, shall stand closed.

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K.SURENDER, J

1 (2017 )14 SCC 663

MACMA No.4323 of 2012