MALKIT KAUR Vs. MANAGER

JUDGEMENT

(1.) These appeals are filed by the claimants as well as Insurance. MFA No.734 of 2014 is filed by the claimants seeking enhancement in the compensation; and MFA No.10530 of 2013 is by the Insurance challenging the judgment and award of the Tribunal.

(2.) Heard the learned counsel for the parties and gone through the judgment and award. The appeal filed by the claimants seeking enhancement of compensation is to be rejected for the reason that the enhancement sought is only for enhancement in few thousands which is impermissible; and we also do not find any good reason for enhancement of compensation. Accordingly the appeal filed by the claimants is rejected.

(3.) In the appeal filed by the Insurance the grounds for challenge are with regard to the negligence on the part of the deceased. In support of the same, the learned counsel referred exhibit P3 the sketch. The next ground taken is that the Driver of the vehicle was not possessing the valid and effective driving licence. Though the driver was having the driving licence to drive the light motor vehicle, but he was driving the transport vehicle for which there was no transport endorsement. Lastly, he submits that the compensation awarded by the Tribunal under the conventional heads is also on the higher side and hence seeks for modification of the award. With regard to the same, we have gone through the reasons assigned by the Tribunal. In respect of negligence, through the learned counsel referred Exhibit P3-sketch, but the same has not been confronted and though PWs1 and 2 have been examined, there was no suggestion with regard to the negligence. In that view of the matter, the reason assigned by the Tribunal is proper and the same cannot be found fault with. The said submission is liable to be rejected, accordingly rejected. The another ground that is taken is with regard to the transport endorsement. The very issue is covered by the judgment of the Hon'ble Supreme Court in the case of MUKUND DEWANGAN v. ORIENTAL INSURANCE COMPANY LIMITED reported in 2016(4) SCC 298 and refers to the observations made by the Hon'ble Supreme Court at paragraphs 43, 44 and 46 of the judgment wherein it is held that, if a driver is holding licence to drive light motor vehicle, he can drive transport vehicle of such class without any endorsement to that effect. The same is extracted hereinbelow: