Divisional Manager vs Anbu Thiagarajan on 23 July, 2009
10. After going through umpteen number of judgments on the subject a learned Judge of this Court has concluded that when the driver does not have a valid license then the Insurance Company cannot be held liable. The decision is reported in 2007 (6) MLJ 384 equal to 2007(2) TNMAC 216 [Oriental Insurance Co. Ltd., and another v. Sivammal and others], wherein it is observed that a person having license for light motor vehicle is not authorised to drive a commercial vehicle without due endorsement made by the competent authorities and the driving license to drive light motor vehicle is not appropriate to drive an Autorickshaw, which is a transport vehicle. Concluding the judgment, the learned Judge has held as under.