Mukund Dewangan vs Oriental Ins.Co.Ltd on 11 February, 2016
15. It is required to be noted here that the petition is
filed under Section 166 of the MV Act. The claimant was
travelling by sitting on the load of stone crush powder and as
the trailer over-turned, the claimant also fell down and as a
result, the wheel of the Trailer ran over the thigh of the
claimant. Though the Tribunal has considered the fact
regarding the driver was not possessing valid and effective
driving licence as on the date of accident, but however, that
point may not be relevant in view of the decision rendered by
the Hon'ble Apex Court in AIR 2017 SC 3668 (Mukund
Dewangan Vs. Oriental Insurance Company Limited), as
the tractor is a Light Motor Vehicle and it makes no difference
as to whether it was a transport vehicle or not.