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10. Learned counsel for the owner of the tractor and trailer submits that the driver of the offending vehicle possessed a valid and effective driving licence to drive the tractor and trailer, and has produced the driving licence of the driver of the tractor and trailer. He submits that when the driver of the offending vehicle possessed a valid and effective driving licence, the Tribunal could have fastened the liability on the Insurance Company. To buttress his arguments he has placed reliance on the judgment of the Hon'ble Apex Court in the case of MUKUND DEWANGAN V. NC: 2026:KHC-D:5447 HC-KAR ORIENTAL INSURANCE COMPANY LIMITED reported in (2017) 14 SCC 663. Hence, he submits that a holder of a driving licence for a Light Motor Vehicle (LMV) is competent to drive a transport vehicle of that class without requiring any separate endorsement. The distinction between transport and non-transport vehicles for LMV category was clarified and the requirement of additional endorsement was negated in the aforementioned authority. The said aspect was not properly considered by the Tribunal and committed an error in fastening the liability on the owner of the tractor and trailer. He also submits that the compensation awarded by the Tribunal is just and proper and do not call for any interference. Hence, on these grounds, he prays to allow the appeal filed by the owner, and prays to dismiss the appeal filed by the claimant.

12. Per contra, learned counsel for the United India Insurance Company submits that the driver of the tractor and trailer did not possess a valid and effective driving licence as of the date of the accident. He submits that the Tribunal was justified in fastening the liability on the owner of the tractor and trailer. He also submits that the compensation awarded by the Tribunal is just and proper, and do not call for any interference by this court, and

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Reg. liability :

16. The respondent-United India Insurance Company has taken a specific defence in the statement of

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NC: 2026:KHC-D:5447 HC-KAR objections contending that the driver of the offending vehicle did not possess a valid and effective driving licence as of the date of accident, and also examined the RTO as R.W.2, who has deposed that the driver of the tractor was possessing a valid and effective driving licence to drive the tractor. The Hon'ble Apex Court in the case of NAGASHETTY VS UNITED INDIA INSURANCE CO. LTD. AND OTHERS reported in (2001) 8 SCC 56, held that a person having valid driving licence to drive a tractor would become disqualified to drive the tractor, if a trailer was attached to it. A person having a valid driving licence to drive a particular category of vehicle does not become disabled to drive that vehicle merely because a trailer is added to that vehicle. If a person has a valid driving licence to drive a tractor or a motor vehicle, he continues to have a valid licence to drive that tractor or motor vehicle, even if a trailer is attached to it, and some goods are carried in it. In other words, a person having a valid driving licence to drive a particular category of vehicle does not become disabled to drive that