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Showing contexts for: TRACTOR LICENCE in The Brach Manager United India ... vs Smt.Ratnawwa W/O. Channappa & Ors ... on 20 February, 2019Matching Fragments
3. After service of notice, the insurance company appeared before the Tribunal and filed its objection denying the petition averments and also contended that the driver of the Tractor and Trailer was not possessing valid and effective driving licence as on the date of the accident.
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4. The Tribunal based on the evidence on record both oral and documentary, awarded a total compensation of Rs.5,03,000/- with 9% interest to the claimants and rejected the contention of the insurance company that the driver of the Tractor and Trailer had not possessed valid and effective driving licence and fastened the liability on the insurance company.
7. The learned counsel for the respondents- claimants submits that the Tribunal has rightly fastened the liability on the appellant-insurance company, which needs no interference by this Court.
8. The contentions urged by the learned counsel for the insurance company is that the driver of the Tractor and Trailer had no licence as on the date of the accident. But, Ex.R.3, driving licence indicates that the driver of the Tractor and Trailer had only LMV (non- transport) licence. That means the driver had driving licence to drive non-transport vehicle. The Hon'ble Supreme Court in the case of Mukund Dewangan vs. Oriental Insurance Company Limited, reported in AIR 2017 Supreme Court 3668 held as follows:
(i) 'Light motor vehicle' as defined in section 2(21) of the Act would include a transport vehicle as per the weight prescribed in section 2(21) read with section 2(15) and 2(48). Such transport vehicles are not excluded from the definition of the light motor vehicle by virtue of Amendment Act No.54/1994.
(ii) A transport vehicle and omnibus, the gross vehicle weight of either of which does not exceed 7500 kg. would be a light motor vehicle and also motor car or tractor or a road roller, 'unladen weight' of which does not exceed 7500 kg. and holder of a driving licence to drive class of "light motor vehicle" as provided in section 10(2)(d) is competent to drive a transport vehicle or omnibus, the gross vehicle weight of which does not exceed 7500 kg. or a motor car or tractor or road-roller, the "unladen weight" of which does not exceed 7500 kg. That is to say, no separate endorsement on the licence is required to drive a transport vehicle of light motor vehicle class as enumerated above. A licence issued under section 10(2)(d) continues to be valid after Amendment Act 54/1994 and 28.3.2001 in the form.
9. In view of the above decision of the Hon'ble Supreme Court cited supra, the contention of the appellant-insurance company that the driver of the Tractor and Trailer had no licence to drive the LMV non- transport vehicle would not remain for consideration.
10. In so far as awarding interest of 9% on the compensation by the Tribunal is concerned, the decision of this Court in Vijay Ishwar Jadhav (supra), wherein at para Nos.4 and 5 held as under:
"14. I have carefully considered the rival contentions of the counsel for the Insurance company for the claimants. It is true that the provisions of Civil Procedure Code are not proprio vigor applicable to the procedure and powers of claims Tribunal, except to the extent mentioned in Sub-Section 2 of Section 169 of the Act. Sub-section 1 & 2 of Section 169 read as under: