ORIENTAL INSURANCE CO. LTD. Vs. SHANTHI

JUDGEMENT

(1.) THE appeal is filed by the Insurance Company against the award dated 09.10.2000 of the Motor Accidents Claims Tribunal, Principal District Judge, Nagercoil in M.C.O.P.No.162/1998, making an award of Rs.2,14,800/ - towards the respondents 1 to 3 who are the dependants of the deceased.

(2.) THE only ground raised by the appellant Insurance Company is that there is breach of condition of policy as contained in sub -section 2(a)(ii) of Section 149 of the Motor Vehicles Act. In this case, the accident took place by collision of the auto -rickshaw in the electric post. The vehicle owner was an insured (fourth respondent). It was argued on behalf of the appellant that the driver of the auto -rickshaw was possessing a licence in which no endorsement was found for driving a transport vehicle.

(3.) AS a matter of fact, according to Section 3(1) of the Motor Vehicles Act, no person shall drive a motor vehicle in any public place unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no person shall so drive a transport vehicle unless his driving licence specially entitles him so to do. The only exception is a motor cap or motorcycle hired for his own use or rented under any scheme made in sub -section (2) of Section 75. In this case, both exception may not apply.