Mukund Dewangan vs Oriental Ins.Co.Ltd on 11 February, 2016
4. In the present case the offending vehicle is
passenger carrying auto rickshaw. Thus, it is a light motor
vehicle (transport). But the driver was holding driving
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NC: 2023:KHC-D:11114
MFA No. 101945 of 2015
C/W MFA No. 101944 of 2015,
MFA No. 101946 of 2015
licence to drive the light motor vehicle (non transport).
Therefore there is no endorsement (transport) in the said
LMV licence. The question involved is no more res-integra
in view of the decision of the Hon'ble Supreme Court in the
case of Mukund Dewangan vs. Oriental Insurance
Company Limited, (2017) 14 Supreme Court Cases
663, wherein it is held that a person who is holding
driving licence to drive LMV (non transport) can also drive
LMV (transport). Therefore this is not a fundamental
breach so as to absolve the insurance company to pay
compensation. Therefore, the insurance company is liable
to pay the compensation.