also stated
that the offending vehicle was a goods vehicle carrying
hazardous goods and thus, no liability can be fastened upon the
insurance company ... pointed out that the
offending vehicle was issued a permit to carry hazardous goods,
as testified by PW-1 Amirul Islam, whereas the driver
loaded with gas cylinders and therefore required an
endorsement for transportation of hazardous goods. It was thus
submitted that the insurance company deserves ... Page No. 29 of 39
authority authorizing him to drive the hazardous goods carrying
vehicle, which constitute breach of the terms and conditions
asserted that neither the Refresher
Course Certificate to drive Transport Vehicle carrying hazardous
goods was filed nor any endorsement was made on the license ... period, thus driver/ R-1 was not authorised to drive
vehicle transporting hazardous goods which constitutes violation
of the terms and conditions of the insurance
vehicle was an oil tanker meant for carrying goods of dangerous or
hazardous nature such as petroleum for which a separate endorsement
offending vehicle at the time of incident. There is no
endorsement for hazardous goods on the driving license of the
respondent no.1. Vehicle bearing ... granted
recognization and permission for parting training in driving of
hazardous goods vehicles Ex.R2W2/C, attested copy of Form 11
issued by office
holding a valid and effective driving licence to drive a vehicle
carrying hazardous goods, as there was no requisite endorsement
on the licence authorising ... holding a valid and effective driving
licence to drive a vehicle carrying hazardous goods, as there was
no requisite endorsement on his licence for such
driver was not holding a
valid driving license to drive Hazardous Goods Vehicle at the
time of accident. Other general defences were also taken.
Insurance ... which, Training School
was authorized to impart training upon drivers of hazardous
goods vehicles. He deposed that Sh.Kamlesh (respondent no.1)
had undergone necessary
Report did not contain any information about the
permit for carrying the hazardous goods and there was no
clarification in respect of class of vehicle ... Report as
printed on 22.09.2023 with enclosing special endorsement letter
for carrying hazardous goods and letter of RTO witness stating
reason for non appearance before
vehicle is a LPG gas
tanker and therefore, said vehicle was carrying hazardous goods
at the time of accident, however, as per the verification report ... having any endorsement on
his DL to drive a vehicle carrying hazardous and / or dangerous
goods as on the date of accident
accident, driver was
driving the kerosene tanker, which vehicle is dangerous and
hazardous vehicle and for which, endorsement is required
every year by the concerned ... driver was three years. However, in case of hazardous
vehicle, the DL was renewed every year. Therefore, the
same also confirms that the driver
