Khushnuma vs Arvind Kumar on 26 August, 2015
8.Since the driving licence which was available on the record was
valid for driving LMV only and not LMV (Transport) and no other
licence was produced by the insured, it has to be held that the
driver possessed valid driving licence to drive Light Motor Vehicle
(LMV) only and not a transport vehicle. Thus, in view of the
judgment in Shashi Bhushan & Ors. v. National Insurance Co. Ltd.
& Ors., MAC APP.517/2007, decided on 31.05.2012; National
Insurance Co. v. Kusum Rai, (2006) 4 SCC 250; and New India
Assurance Company Limited v. Roshanben Rahemansha Fakir &
Anr., (2008) 8 SCC 253, the driver was not competent to drive the
vehicle involved in the accident.